반덤핑관세 부과의 요건인 “피해의 판정”에 대한 연구(미국-중국간 철강분쟁사건에 대한 WTO 판정(DS414)을 중심으로)

Abstract

A determination of injury for purposes of the Anti-Dumping Agreement shall be based on positive evidence and involve an objective examination of both (a) the volume of the dumped imports and the effect of the dumped imports on prices in the domestic market for like products , and (b) the consequent impact of these imports on domestic producers of such products. On 11 February 2011, the United States requested the establishment of a panel to settle the United States.-China trade dispute with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States. The United States challenged China's finding that the dumped and subsidized imports had significant price effects, and contended that China's analysis of these price effects was conclusory, failed to reflect an objective examination of the evidence, and was not based on positive evidence. The WTO Panel upheld the United States' claims, finding that China had acted inconsistently with Articles 3.1 and 3.2 of the Anti-Dumping Agreement. The United States claimed that China's causation analysis was inconsistent with Articles 3.5 of the Anti-Dumping Agreement, on the basis that China erroneously concluded that the rapid increase in the capacity of the domestic GOES industry during the period of investigation could not have been a cause of injury to the domestic industry. The United States also claimed that China's analysis was inconsistent with Articles 3.1 of the Anti-Dumping Agreement because it did not comply with the “objective examination” and “positive evidence” requirements embodied in those provisions. The Panel upheld the United States' claims.