WTO 반덤핑협정 제2.4.2조에 의거한 네거티브 덤핑마진 산정 방식(“제로잉”)의 법적 문제

• 영문명: Legal Issues of `Zeroing` Practice Based on the Article 2.4.2 of the WTO Anti-Dumping Agreement
• 발행기관: 개인저작물
• 저자명: 채형복
• 간행물 정보: 『개인저작물 - 법학·행정』제38권, 265~302쪽, 전체 38쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 2008.05.30

영문 초록

This paper intends to analyse some legal issues on `Zeroing` which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. `Zeroing` stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus `zeroed`) before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the `Zeroing` practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the `Zeroing`, but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the `Zeroing`, how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the `Zeroing`? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

목차

Ⅰ. 서론

Ⅱ. WTO 반덤핑협정 제2.4.2조에 의거한 덤핑마진 산정방식과 제로잉 문제

Ⅲ. 제로잉 방식의 WTO 반덤핑협정 합치성 여부

Ⅳ. DDA 반덤핑규범 협상에 있어 제로잉 방식에 대한 논의 동향

Ⅴ. 결론: 제로잉 덤핑마진 산정방식의 문제점과 전망

참고문헌

ABSTRACT

키워드

WTO Anti-Dumping Agreement Dumping Margin Zeroing