세탁기 수출에 대한 미국 상무부의 반덤핑판정 관련 미국 국제통상법원의 판결에 대한 고찰

This case concerns involves the United States Department of Commerce’s final anti-dumping determination on large residential washers from Korea (A-580-868). LG Electronics Inc. and Samsung Electronics Co., Ltd. filed suit in the U.S. Court of International Trade (CIT) Concerning challenging the Department of Commerce’s determination. The court held that the Department of Commerce reasonably interpreted silent provision of the Tariff Act 19 U.S.C. § 1677f–1(d)(1)(B) permitting A-to-T methodology after Nails test, and that the Anti-dumping statute does not require the Department of Commerce to investigate the subjective reasons of the respondent for pricing the merchandise. The court held that application of targeted dumping methodology to all importer’s sales was reasonable. The court took a strict view on the exhaustion requirement that requires the parties to raise all the issues before the Department of Commerce in anti-dumping investigation and determination procedure, and interpreted its exception very narrowly. Therefore, it is necessary for a respondent to raise all the arguments in anti-dumping investigation and determination procedure. On 22 January 2014, the WTO DSB established a panel concerning the instant case at Korea’s request, and on 20 June 2014, composed the panel. On March 2016, the panel report was circulated admitting most of Korea’s claim, but on 19 April 2016, the United States appealed to the Appellate Body. Thus this Korea-US washers anti-dumping dispute (DS464) is under appeal.