반덤핑조사시 조사대상상품(PUC)의 체계적 함의

The Product under Investigation (PUC) is at the center of an anti-dumping investigation because the dumping determination is made by comparing the price of the PUC and its like products of the exporting country, and the domestic industry injury determination is made by comparing the price of the PUC and its like products of the importing country. Therefore, the approach of a Member's investigating authority in defining or scoping the PUC can have a lasting impact on the anti-dumping investigation process, although WTO ADA Agreement is silent on the criteria for establishing the PUC. However, while Article 2.6 of the ADA provides a relatively clear definition of like products, which is the basis for calculating the normal value of the exporter's producers and determining the extent of injury to the importer's domestic industry, it has been criticized that the lack of a definition of the PUC itself may allow the investigating authorities broad discretion in defining the scope of the PUC. The WTO panel interpreted this broad discretion as being intended by the Members and recognized that, in practice, investigating authorities could include other products or product categories that are not necessarily homogeneous within the scope of the investigated goods. In general, anti-dumping investigations and their related measures subject to the ADA are an area where the autonomy of WTO Members is relatively strong, as some Members have had relevant domestic laws in place since before the GATT in 1947. Thus, a more delicate balance must be struck in the interpretation of the boundary between the autonomy of Members and the intervening right of the WTO. Furthermore, given the weakening of the multilateral trading system and the resurgence of strategic trade policy at the moment, it is time for interpretive considerations to recognize the appropriate discretion of Members regarding the subject matter of anti-dumping investigations that are directly related to the protection of domestic industries.