미국-베트남 반덤핑분쟁 관련 시사점:비패턴거래 제외방식을 중심으로

Abstract

The zeroing, which considers a negative dumping margin to be zero, has long been the issue of WTO disputes. Regarding the washing machine dispute between Korea and the United States, which began in December 2013, in September 2016, the Appellate Body judged that the zeroing controversy was settled through a ruling that clarified the prohibition of zeroing in all methods of symmetric and asymmetric comparisons when calculating anti-dumping. However, in the rulings, the non-pattern transactions could be excluded from the calculation of anti-dumping, leaving room for another issue. It is not yet possible to predict whether the US will officially abandon the zeroing method and switch to a method that excludes non-pattern transactions. However, even if zeroing is not applied, if non-pattern transactions are excluded, in some cases, an anti-dumping effect similar to zeroing can be achieved, which is expected to be a new policy issue for exporting countries to the U.S. We analyze and evaluate the contents of the zeroing decisions and the non-pattern transaction exclusion method of the Appellate Body. In addition, focusing on the case of Vietnam, where anti-dumping disputes with the U.S. are increasing recently, policy implications will be discussed in the case that the U.S. introduces the non-pattern transaction exclusion method instead of zeroing.