WTO體制下의 反덤핑協定 運用과 DDA 協商

Abstract

This paper touches mainly on two issues. The first issue is how the existing WTO Anti-Dumping Agreement (AD Agreement) has been applied since the entry into force of the Agreement in 1 January 1995. During the period of 1995 to 2001, 35 Members have initiated 1845 anti-dumping investigations against imports from 91 Members. This figure implies the importance of anti-dumping duties as a major trade remedy, in contrast to the total 143 countervailing duty investigations during the same period. In addition, the WTO DSB has delivered rulings on a number of anti-dumping cases. Concerning the WTO disputes, it is observed that main reasons for the disputes are the discretion in which the investigating authorities exercised in the absence of an objective and reasonable guidelines and the lack of clear-cut definition or concept of some essential provisions. Thus, numerous Members expressed in reasingly a need to improve the AD Agreement through negotiations. Second, this paper analyzes what kinds of issues are to be clarified and improved as part of Doha Development Agenda (DDA) rules negotiations, which shall be concluded not later than 1 January 2005, with a brief summary of the state-of-play. Though what kinds of issues to be dealt is not finalized yet, several countries, including Anti-dumping Friends Group, submitted their proposals. Among the possible future issues include as follows: definition of dumped imports, constructed value, prohibition of zeroing, cumulative assessment of injury, causal relationship between dumping and injury, thresholds under Article 5.8, facts available, price undertaking, lesser duty rule, annual and sunset review of anti-dumping orders and public interest. Finally, it is noted that there are other important issues for future discussion such as detailed special and differential provision, introduction of anti-circumvention provision, anti-dumping duties under regional trading arrangements and the relationship between anti-dumping measures and competition policies.