미국 관세법 제337조상 배제명령과 글로벌 공급망

Abstract

In this paper, we analyzed the requirements for exclusion orders under Article 337 of the U.S. Customs Act. The exclusion order under Article 337 of the U.S. Customs Act functions as a very effective border measure in redressing unfair trade practices. From a global perspective, the supply chain is being reorganized from a free trade system to a country-centered one. Since the scope of Article 337 investigation includes all import and sales activities, there is also the possibility of banning import, seizure, and confiscation of the product in question as a relief measure. As a result, there is a high possibility that Article 337 based USITC orders such as exclusion order will be stronger measure than that of anti-dumping and countervailing duty investigations, so it is necessary to draw attention to Korean companies regarding infringement of US patents and other intellectual property rights. In the supply chain, it is believed that there is the possibility of controlling goods imported into the United States and managing the supply chain at the national level through the domestic industry requirements stipulated in Article 337 of the Customs Act. The domestic industry requirements for unfair trade practices under Article 337 of the Customs Act is necessary to be analyzed as per the trends in the U.S. International Trade Commission's judgment regarding exclusion orders. While analyzing the exclusion order under Article 337 of the U.S. Customs Act, I also thought about the differences between the Korean and American legal systems. Korea’s Unfair Trade Damage Relief Act regulates not only ‘import’ but also ‘export’. On the other hand, Article 337 of the US Customs Act is different in that it regulates ‘import/importation’ into the US. I thought there was a challenge as to whether this difference could be eliminated legislatively. In my opinion there is also something to consider whether it is necessary to stipulate the ‘domestic industry’ requirement in the Unfair Trade Damage Relief Act. As the supply chain becomes blocked, there is a need to consider it as one of the appropriate normative measures to control the supply chain.