부산대학교 도서관

With the spread of global protectionism and trade conflicts, each country continues to strengthen import restrictions using anti-dumping and countervailing duty. According to the World Trade Organization (WTO) statistics, Korea received total 289 anti-dumping measures from 1995 to 2019, followed by 1,033 measures against China, which suggested that Korea received the second largest anti-dumping measures in the world. China is a country that received the largest trade measures in the world and also makes active utilization of the trade remedy system as a means for its own industrial protection. Moreover, one of the problems in China’s trade remedy measures against Korea is that China continues to extend anti-dumping measures through anti-dumping expiry review. Such long-term restrictions have various reasons and one of the reasons is lack of legislation for anti-dumping expiry review. The discussions on this issue had lasted and in the meantime, on July 30, 2019, the Chinese government announced the draft of ｢Anti-Dumping Expiry Review Investigation Rules (反倾销期终复审 调查规则)｣. China prepared interim provisions for anti-dumping interim review, new exporter review, and customs valuation review, but in case of expiry review, ｢anti-dumping ordinance (反傾銷條例)｣is being applied as an exception and thus a vacuum of regulations. Therefore, there was an expectation that the enactment of expiry review rule would play a positive role in clarifying the anti-dumping measures to our business world suffering from long-term regulatory measures, but as a result of looking at the draft of expiry review rule, there was no big difference compared with the existing anti-dumping ordinance. Therefore, it is considered that China needs to supplement clarity, transparency, and concreteness a little more in managing the anti-dumping expiry review in the future. According to the WTO Anti-Dumping Agreement, anti-dumping duties should be imposed within the necessary limit for a period of time necessary for offsetting the damage by dumping and becomes extinct within five years from the date of imposition in principle. Although the measure extension is possible through expiry review, the measures should be based on fair assessment in accordance with the objective criteria rather than protectionist measures. Accordingly our government and related companies will have to monitor the trends of the restrictions by the Chinese Ministry of Commerce all the time and respond to the present condition of regulation and potential new restrictions, etc in advance by visiting the websites of Embassy of the Republic of Korea in China, advisory law firm, and Ministry of Commerce. At the same time, the present condition of restrictions should be investigated, companies’ opinions should be collected, and public-private cooperative response strategies should be discussed by holding a meeting on the measures for inspection of current issues of public-private China’s import restrictions against Korea and a meeting of experts, and ending unfair import regulations and refraining from investigation via both channels should be demanded very aggressively.