미국 반덤핑조사시 산업피해 판정 관련 법적 쟁점 및 시사점: 동종상품(국내산업)과 인과관계를 토대로 한 최근 산업피해 부정판정례를 중심으로

Given the strengthening protectionist trade policies in the US and globally, the number of anti-dumping and other trade remedy cases will continue to increase, making it critical for the Korean industries dependent on exports to have a reasonable policy in place for pricing and data retention, as well as a coherent strategy for global expansion, sales and marketing, in anticipation of responding to these protectionist measures. More specifically in responding to anti-dumping investigations, the Korean industry participants must respond to information requests with a more robust set of responses, as well as put forward an aggressive and creative defense strategy in responding to allegations of injury to the specific industries subject to the anti-dumping measures. In the past, Korean companies have focused their resources and efforts on formulating a strategy for reducing the applicable dumping rates in light of a variety of practical limitations for a more aggressive approach. However, the recent negative injury determinations by the ITC in the Tapered Roller Bearings and the 4th Tier Cigarette cases against the Korean companies illustrate the real benefits of providing a more balanced focus on both minimizing the dumping duty rates, as well as providing a strategic defense in the injury determination side, which could potentially result in a dismissal of the petition. In fact, having in place a strategic trade remedy plan for any planned global exports may help minimize the risk of an anti-dumping remedial action from filed in the first place, in addition to providing an efficient defensive responses once such an investigation is initiated against the applicable industry.