초록

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Abstract ▼ AI-Helper

Having ahead the Korea-US FfA come into effect by beginning of the 2012, the interest to U.S. trade law has been highly increased. The abuse of U.S. antidumping measures, especially, have been alleged by many developed countries, that's why it need to be studied. For initiating antidumping investiga...

Having ahead the Korea-US FfA come into effect by beginning of the 2012, the interest to U.S. trade law has been highly increased. The abuse of U.S. antidumping measures, especially, have been alleged by many developed countries, that's why it need to be studied. For initiating antidumping investigation, the scope of "subject merchandise" has to be determinated. But there is no regulation about the term "subject merchandise(or product under consideration)" on WTO Antidumping Agreement as well as U.S. Antidumping Law. U.S. antidumping law defines domestic like product as "a product that is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title". Thus, the reference point from which the like product analysis begins is "the article subject to an investigation". The Department of Commerce should interpret the subject merchandise in accordance with customary rules, beginning with its ordinary meaning. The note of caution is that the DOC generally exercises 'broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition. This paper investigates the survey scope of product in U.S. antidumping law through related regulations and cases. In addition, it was carefully examined because the scope of subject merchandise has effect on antidumping duty order.

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