• International Commerce and Information Review
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• v.9 no.4
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• pp.159-175
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• 2007

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.

• International Commerce and Information Review
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• v.10 no.3
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• pp.143-162
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• 2008

The Title 19 of the U.S. Code covers custom duties and is the heart of international trade regulation in the U.S.. Among the provisions in Title 19, is Chapter 4, the Tariff Act of 1930. Under U.S. Antidumping duty law, dumping occurs when `subject merchandise' is imported into the U.S. and sold at less than `fair value.' The administration of U.S. Antidumping duty law is shared between the Department of Commerce('Commerce') and International Trade Commission('USITC'). The U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") decided the review of antidumping duty ("AD") determinations and administrative review results issued by the Commerce and the USITC, as well as the review of countervailing duty ("CVD") decisions. In Eurodif S.A. v. United States, the CAFC considered the important issue of whether the antidumping and countervailing duty laws apply to sales and purchases of services--in this case, the sale or purchase of enrichment services. Although the federal courts had considered the issue of whether a sale of enrichment services constitutes a sale of goods, the issue had never arisen in the context of the antidumping and countervailing duty laws. Also this is the first time that the Supreme Court has ever agreed to consider an antidumping case.

• The Journal of Society for e-Business Studies
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• v.22 no.4
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• pp.71-101
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• 2017

Since late 2016, protectionism has been a major trend in world trade with the Great Britain exiting the European Union and the United States electing Donald Trump as the 45th president. Consequently, there has been a huge public outcry regarding the negative prospects of heavy industry firms in Korea, which are highly dependent upon international trade with Western countries including the United States. In light of such trend and concerns, we have tried to predict business performance of heavy industry firms in Korea with data regarding trade policy of the United States. United States International Trade Commission (USITC) levies countervailing duties and anti-dumping duties to firms that violate its fair-trade regulations. In this study, we have performed data analysis with past records of countervailing duties and anti-dumping duties. With results from clustering analysis, it could be concluded that trade policy trends of the Unites States significantly affects the business performance of heavy industry firms in Korea. Furthermore, we have attempted to quantify such effects by employing long short-term memory (LSTM), a popular neural networks model that is well-suited to deal with sequential data. Our major contribution is that we have succeeded in empirically validating the intuitive argument and also predicting the future trend with rigorous data mining techniques. With some improvements, our results are expected to be highly relevant to designing regulations regarding heavy industry in Korea.