• Title/Summary/Keyword: Dumping

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The Problems and Solutions in the Laws and Regulations regarding Anti-Dumping in China (중국 반덤핑법제상의 문제점과 해결방안)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.361-387
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    • 2010
  • China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

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Did Anti-dumping Duties Really Restrict Import?: Empirical Evidence from the US, the EU, China, and India

  • Choi, Nakgyoon
    • East Asian Economic Review
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    • v.21 no.1
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    • pp.3-27
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    • 2017
  • This paper studied the effects of anti-dumping measures on the imports to investigate whether the trade restriction effect of an anti-dumping duty is dominant. Our results indicate that a 1% increase in the anti-dumping duties decreases the import of the targeted product by about 0.43~0.51%. The actual statistics, however, show that the total import of the targeted products increased by about 30 percent while an anti-dumping duty was in force. That indicates that an anti-dumping duty is just a temporary import relief. This paper also investigated whether an anti-dumping duty is terminated in the case that the injury would not be likely to continue or recur if the duty were removed. The hazards model estimates show that increase in market share, MFN tariff rate, and dumping margin decrease the hazard of termination of an anti-dumping duty, but the increase in value added increases the hazard of termination. Generally speaking, this result indicates that the WTO member countries have regulated the overuse of an anti-dumping measure. The findings of this paper show that there is a country- and industry-wise heterogeneous characteristic in the effect as well as termination of an anti-dumping duty.

Working Principle of a Novel Three-directional Dumping Vehicle and Its Dumping Stability Analysis Under Ground-slope Conditions

  • Kong, Min-kyu;Park, Tusan;Shim, Sung-Bo;Jang, Ik Joo
    • Journal of Biosystems Engineering
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    • v.42 no.4
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    • pp.235-241
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    • 2017
  • Purpose: It is to develop an agricultural three-directional dumping vehicle that can help farmers reduce intensive labor when carrying heavy loads and for easy dumping. In addition, a novel mechanism was applied for controlling the direction of the tilting cargo box by using a single hydraulic cylinder and simple apparatus. The overturning safety was analyzed to provide safe-use ground slope region of the vehicle to be used at upland fields and orchards. Methods: The developed three-directional dumping vehicle was constructed using a cargo box, vehicle frame, driving components, lifting components, and controller. The novel mechanism of controlling the dumping direction involves the operation of two latching bars, which selectively release or collapse the connecting edge between the vehicle frame and cargo box. A multibody dynamics analysis software (RecurDynV8R5) was used to determine the safe-use ground slope area when tilting the cargo box at slopes. A computer analysis was conducted by increasing the ground slope while rotating the vehicle when the cargo box comprised loads of 300 and 500 kg and stacking heights of 40 and 80 cm, respectively. Results: The three-directional dumping vehicle was successfully manufactured, and the cargo box was tilted at $37^{\circ}$ and $35^{\circ}$ for dumping forward and sideways. The latching bars were manually and selectively collapsed with the vehicle frame to control the dumping direction. When forward dumping, the safe-use ground slope was over $20^{\circ}$ in all vehicle directions and loaded conditions. Conclusions: A three-directional dumping vehicle was developed to reduce labor-intensive work in the farming environment. The user can easily control the dumping direction by using the control panel. The vehicle was safe to be used in most of the Korean upland fields and orchards (area over 96%) for the forward dumping.

The Chilling Trade Effects of Provisional Anti-dumping Duties: The Case of Korea

  • Sun, Joo Yeon
    • Journal of Korea Trade
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    • v.24 no.3
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    • pp.1-19
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    • 2020
  • Purpose - This study empirically analyzes the effects of provisional anti-dumping duties levied on imports by Korea following anti-dumping investigations. An anti-dumping duty is a legal tool that countries use to impose duties on imports to offset injurious dumping. This study verifies how effective the imposition of a provisional anti-dumping duty is and whether such duties have trade chilling effects on aggregate imports. Specifically, this study examines import trade diversion from named to unnamed countries caused by the imposition of provisional anti-dumping duties. Design/methodology - This empirical analysis employs an econometric model of provisional anti-dumping measures for cases in which Korea imposed final affirmative anti-dumping measures. We construct a monthly panel dataset for each stage of anti-dumping investigation undertaken by Korea for all manufacturing industries during 1995-2013. We illustrate a stage-by-stage analysis of anti-dumping investigations from initiation, preliminary decision, imposition of provisional duty, final affirmative decision, and imposition of final affirmative duty on a monthly basis at the six-digit harmonized system code-level. Findings - For cases in which provisional duties are imposed, the reduction in imports from named countries outweighs the increase in imports from unnamed countries. The substantial reduction in imports from named countries is large enough to offset the import diversion to unnamed countries, suggesting that import diversion in investigations is limited during the investigation period. Therefore, the use of provisional anti-dumping duties in Korea is effective, providing evidence of a chilling effect on aggregate imports. Originality/value - Few studies examine the size of the effects on import trade diversion of the imposition of provisional anti-dumping duties. We contribute to the literature by disentangling separate trade effects for each phase of the anti-dumping investigation process and imposition of provisional duty.

A study on the fact and procedure of Anti-Dumping of China (중국 반덤핑 사실과 절차에 관한 고찰(考察))

  • Jo, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.155-183
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    • 2006
  • Recently, the anti-dumping actions of China are becoming aggressive, resulting in the speculation that Korea's trade surplus to China will be reduced. Anti-Dumping Actions by the Chinese Government are also becoming harsh. According to KOTRA, 18 anti-dumping actions were taken by the Chinese government against Korean products. The Chinese government has opened two additional cases of dumping investigations again Korean products 2005 as well. Therefore, Korea will likely face more trade restrictions in the form of anti-dumping in China Accordingly, the Accused party need to understand Anti-Dumping Act of China. The trade related authorities are monitoring on the China related information, and builds system barring Anti-Dumping Actions. Also, companies strongly export the differential products to the China.

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Legal Issues of "Zeroing" Practice Based on the Article 2.4.2 of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 제2.4.2조에 의거한 네거티브 덤핑마진 산정 방식("제로잉")의 법적 문제)

  • Chae, Hyung-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.265-302
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    • 2008
  • This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

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Reaction Wheel Momentum Dumping with Magnetic Torquer Failure (자기토커 고장시 반작용휠 모멘텀 덤핑)

  • Son, Jun-Won
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.47 no.5
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    • pp.371-378
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    • 2019
  • High precision pointing satellite uses the reaction wheels for the attitude control and their momentum dumping is performed by the three magnetic torquers. In this paper, the effects of one magnetic torquer's failure on the momentum dumping will be reviewed. When the satellite on the high inclination angle orbit holds LVLH (Local Vertical Local Horizontal) attitude, pitch axis magnetic torquer failure causes the momentum dumping failure. But in case of other torquer's failure, momentum dumping is still possible with degraded dumping performance. When pitch axis magnetic torquer fails, momentum dumping is possible by changing the satellite attitude. This paper propose the satellite attitude change to make the momentum dumping possible when pitch axis magnetic torquer fails. In addition, if torquer arrangement is modified, momentum dumping is always possible regardless of any torquer's failure.

Hypoglycemic Convulsive Seizure Due to Late Dumping Syndrome (후기 덤핑증후군으로 유발된 저혈당성 경련발작)

  • Jung, Kyu-On;Moon, Hye-Jin
    • Journal of the Korean neurological association
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    • v.36 no.4
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    • pp.363-365
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    • 2018
  • Dumping syndrome is a common complication of esophageal or gastric surgery. Patients with late dumping syndrome usually suffer from hypoglycemic symptoms such as palpitation, tremor, and general weakness. Hypoglycemia induced convulsive seizure due to late dumping syndrome is rarely reported. We report a 46-year-old man with postprandial hypoglycemic convulsive seizure as the first symptom of late dumping syndrome.

A Study on EU Anti-dumping Law (EU 반덤핑법에 관한 소고)

  • Kim, Do-Hyoung
    • Management & Information Systems Review
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    • v.21
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    • pp.77-98
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    • 2007
  • This thesis is related with Anti-dumping law about Korea's export in EU. Indeed, Korea' export to EU market is how related to EU's Anti-dumping law this study was intended to reveal from a legal point of view. For this purpose from EU's Anti-dumping law's institution at present to application historical channel was examined and is showed Anti-dumping law's application procedure briefly. Throughout this study what we could get are EU's Anti-dumping law based on a statute, EU's Anti-dumping law's institution background and the law's application procedure & effects.

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A Study on Anti-Circumvention Rules: with Focus on the US' and the EU's Systems (우회덤핑 방지 제도에 대한 연구: 미국 및 EU 제도를 중심으로)

  • Youngjeen Cho
    • Korea Trade Review
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    • v.47 no.5
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    • pp.223-240
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    • 2022
  • Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.