반덤핑제도의 최소부과원칙 적용방식 개선방안

Lesser duty Rule is one of the most controversial issues in anti-dumping duty system. In this paper, we examine the concept and application method of the lesser-duty rule. The WTO recommends that anti-dumping duty be less than dumping margin if such lesser duty would be adequate to remove the injury to the domestic industry. Conceptually, target price for injury calculation should be the equilibrium market price of the period before dumping or without the influence of dumping. Australia’s unsuppressed selling price (USP) is similar to this concept of target price. Mexico’s unitary international price (UIP) can also be an indicator of equilibrium price. EU’s Lesser duty Rule set the target price equal to cost plus profit margin without dumping influence. Current literature describes that Korea’s Lesser duty Rule follows the EU model. However, Korea’s system lacks the conceptual base that target price should reflect the equilibrium price without dumping influence. Moreover, actual injury margin calculated in Korea is usually low, while the injury margin in EU is very high (up to 98.5%). The resulting anti-dumping duty in Korea may not be adequate enough to remove the injury. Korea applies a single average injury margin to all exporters and countries in an anti-dumping case. The method is too generous to exporters with high dumping margin and uncooperative exporters to investigation. We recommend that Korea adopt four application methods of lesser duty rule: two price-based and two cost-based. We also recommend that injury margin should be calculated for each individual exporter or exporting country to the extent that relevant information can be obtained. We also suggest that difference in quality and brand loyalty should be reflected in injury margin calculation.