Analysis of the EU Anti-Subsidy Regulations

Recognizing the importance of the EU anti-subsidy regulations, we analyze their provisions which are important and of interest to Korea with a view to exploring strategies which Korean government and exporters could use in the event of anti-subsidy complaints. In particular, we analyze the lesser duty, public interest, calculation of the amount of a subsidy, review and circumvention rules in comparison with the WTO Agreement on Subsidies and Countervailing Measures. The lesser duty rule and the public interest provisions could work in favor of exporters. But, there is a room for abusive use of anti-circumvention measures because any specific rules on circumvention have not been adopted at the multilateral level yet. Finally, the most important part of the Korean parties' responses to the EU anti-subsidy investigations is for them to make concerted efforts at every stage of an investigation, especially during the on-the-spot investigation.