• Title, Summary, Keyword: Trade Remedy

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A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile (중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.337-364
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    • 2009
  • Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

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A Study on the Buyer's Remedy resulting from the Breach of Seller's Duty in Contracts for the International Sale of Goods focusing on UNCCIS, 1980 (무역계약(貿易契約)에서의 매도인(賣渡人)의 의무위반(義務違反)에 따른 매수인(買受人)의 구제(救濟)에 관한 연구(硏究) - UNCCIS 1980을 중심(中心)으로 -)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.5
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    • pp.7-44
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    • 1993
  • This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

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A Study on Price Reduction under CISG and Issues

  • HAN, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.45-62
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    • 2016
  • Price reduction under CISG Art. 50 is advantageous to a buyer because it is a self-help remedy to the buyer. It is the buyer that has the option and the power to reduce the price paid or to be paid to the seller. Price reduction is indispensable in such cases where the seller is relieved of liability. In such cases the remedy of price reduction is the only one giving the buyer monetary relief. Another special role of price reduction is to determine how much the buyer owes the seller for non-conforming goods when special circumstances relieve the seller of liability for damages. In any event, price reduction has been designed both as an alternative to damages and for cases where the non-performing party is excused from liability for damages. The price reduction remedy however leaves several issues for clarification and application in several respects.

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A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
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    • v.13 no.2
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    • pp.573-600
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    • 2009
  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

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 Seeking an Alternative Approach to the Remedy for Breach of the Duty of Disclosure in English Marine Insurance Law (영국 해상보험법에서 고지의무 위반에 대한 구제의 대안에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.24
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    • pp.25-49
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    • 2004
  • English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

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Study on Proof of Product Liability Act (제조물책임법 입증책임에 관한 연구)

  • Kim, Eun-Bin;Ha, Choong-Lyong
    • Korea Trade Review
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    • v.44 no.6
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    • pp.135-150
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    • 2019
  • Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

A Study on the Value Evaluation of e-Trade Platform Services using IPA(Importance Performance Analysis) (IPA를 활용한 전자무역 시스템의 서비스 가치평가에 관한 연구)

  • Lee, Sang-Jin;Shin, Seung-Man
    • International Commerce and Information Review
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    • v.12 no.2
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    • pp.59-83
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    • 2010
  • The purposes of the study is to evaluate the discrepancy between user's expectation and satisfaction degree in the service of uTradeHub. In this regard, this study infers general solutions in order to induce the intersection area using IPA technique. Then this paper will present directions to improve the service of uTradeHub. In terms of methodology, this article disclosed that IPA model approach is greatly useful to evaluate user's attribute. First, variables like the link of different works(f1), trust of system(f4), information connection(f7) are located on the first quadrant. This means that importance and satisfaction are all high variables for user. So, this is very important variables that need continuous administration in order to maintain present state. Second, variables such as the speed of information acquisition(f2), improvement of use(f3), stability of system(f5) are located on the second quadrant. This means that user's importance is high but user's satisfaction is low. Therefore, this area needs an active improvement strategy and quick maintenance for e-Trade application. Third, variables like the appropriateness of information usage fees(f8), easy subscription(f9), customer support service(f10) are located on the third quadrant. Because these variables are all low for user's importance and satisfaction, we have to arrange strong and radical remedy for e-Trade service. Finally, variables like information offer(f6) are located on the fourth quadrant. This means that user's satisfaction is high but user's importance is low. The research result suggests that e-Trade service development would be re-organised as much as user feels the importance of process innovation.

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A Study for the Application and the Buyer's Remedy for the United Nations Convention on Contract of the International Sales of Goods to the Government Foreign Procurement Contract (정부 외자조달계약의 국제물품매매협약의 적용과 매수인의 구제에 관한 연구)

  • Lee, Dong Wook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.55-86
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    • 2014
  • Korea has become a member of the United Nations Convention on Contract of the International Sales of Goods (the 'CISG') effective since March 1, 2005. As, therefore, the governing law of the general terms and conditions (the 'GTC') in the Government Foreign Procurement Contract (the 'Contract') is mandatorily fixed to the Korean Law, the CISG, as an International Convention, now having an equivalent or even higher status to the Korean Law, unless expressly excluded, will be priorly applied to the Contract where a transaction occurs between its members. In this regard, this study focuses on how to find the way for the CISG to be a governing law of the GTC in order to eliminate legal uncertainties and lacks of foreseeability prevailed in the international trade. For that purpose, the legal aspects of GTC, and the Buyer's remedy for the Seller's breach of the Contract are analyzed in accordance with the comparative study between the CISG and the GTC including the relevant case studies. As a result of this study, the application of the CISG into the GTC is highly recommended in order to reflect into the Contract such features as fairly harmonized for the interest of both parties. Taking this opportunity, a GTC, amended from the existing one, or newly formed, within the perimeter of not conflicting with the provisions of the CISG, including but not limited to the Civil Law and Commercial Law, is required in order to evenly share each party's responsibilities and obligations where the breach or remedy of the Contract is, and, thus, which will ultimately contribute to an efficient conduct of the Contract.

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A Study on Interpretation of the "Causal Link" under WTO Safeguard Agreement (세이프가드협정하의 인과관계의 해석원칙에 관한 연구)

  • Ha, Choong-Lyong;Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.8 no.4
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    • pp.209-227
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    • 2006
  • This paper analyse current interpretation of the "causal link" that in particular, focuses principally on the so-called "non-attribution" requirement of Article 4.2(b) of the Safeguards Agreement. The safeguard measures are justified as a temporary economic adjustment to harm that is caused by an increase in imports. The problem with this justification is that there are other kinds of economic forces that may injure domestic industries, such as changes in consumer tastes, government spending or a lack thereof, and economic downturns. These problems do not justify government-imposed remedies. When factors therefore other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports. The Appellate Body stressed that a contribution of third-party imports to the existence of serious injury must be sufficiently clear as to establish the existence of the causal link required, it found that Article 4.2(b) does not suggest that increased imports be the sole cause of the serious injury, or that other factors causing injury must be excluded from the determination of serious injury. The interest in separation is to ensure that a measure is not applied to remedy harm not caused by imports, but this basic point assumes that the harm is distinguishable in the first place. It also assumes that the safeguard is designed to respond to harm caused by imports. In fact safeguards were never intended to respond to this kind of unfair trade, but rather to provide whatever emergency relief might assist an ailing domestic industry if imports happened to be a part of that injury. The Appellate Body's insistence in breaking cause and effect down to minutia in the non-attribution analysis seems to be so overly intricate that it conflicts with it's broader focus on evaluating factors that effect harm on the industry as a whole.

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