최근 반덤핑조치 사례의 쟁점과 시사점 -중국 및 인도산 PET필름 반덤핑조사 사건을 대상으로-

Abstract

As of September 5, an application for anti-dumping investigation into PET film from China and India was filed by Korean domestic producers arguing that the dumped imports threaten material injury to the domestic industry of the like product. After Korean Trade Commission(hereafter “KTC”) conducted antidumping investigation for one year and made a final determination, and Ministry of Strategy and Finance is determined to impose antidumping duty on the import product from China and India from October 27, 2008 to October 26, 2011. First of all, the purpose of this paper is to analyze the recent antidumping investigations of KTC, focusing on PET film case and organize the key issues which were engaged in a keen debate between domestic producer and foreign exporter in the course of the investigation. Secondly, we carried out legal and economic analysis regarding the argument between the interested parties suggested in the preliminary investigation, the final investigation and the public hearing. Through analysis and study, we hope that we make a contribution not only to enhancing legality to WTO antidumping agreement and heighten the quality of the antidumping investigation and judgement. For this purpose, in this paper, we divided the key issues into seven categories and analyzed on the conflicting arguments of the interested parties involved that were raised in the process of the investigation；I. a summary of the application for antidumping investigation and anti- dumping measures, Ⅱ.General introduction to antidumping system, Ⅲ. Key issues on dumping calculation, Ⅳ. Key issues on scope of domestic industry, Ⅴ. Key issues relating to the request of the exception on the product under investigation, Ⅵ. Key issues relating to negligible import and cumulative assesment, Ⅶ. Key issues relating to injury to the domestic industry and causation, and all things considered, we finally reached conclusion on those issues.