Study concerning the Scope of the Interpretation of Like Product and Domestic Industry in USITC's Antidumping Injury Determination

USITC의 반덤핑 피해판정에서의 동종상품과 국내산업의 해석범위에 관한 연구

Under U.S. Antidumping law, dumping occurs when 'subject merchandise' is imported into the United States and sold at less than 'fair value'. The administration of U.S. antidumping law is shared between the U.S. Department of Commerce(USDOC) and the U.S. International Trade Commission(USITC). USDOC's task is to determine whether imports are being dumped, and if so, to estimate the margin of dumping. In determining whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of the subject imports, the USITC must first define the 'like product' and the 'domestic industry'. One of the crucial factors on antidumping measures is the interpretation's scope of the 'like product' and the 'domestic industry', leading the most controversial issues in U.S. antidumping law. The primary purpose of this paper is to examine the 'domestic industry' and 'like product' considering U.S. antidumping law. Most USITC's determinations regarding like product and industry as flexible conception have been supported by the U.S. Courts.