The WTO Panel’s Report concerning Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States: Reasoning and Evidence for WT/DS 440
(주)코리아스칼라
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- 2023.04.03
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- 2015.03
- 18페이지/ 어도비 PDF
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 1권 / 1호
ㆍ저자명 : Xifeng Chen
목차
1. Introduction
2. Background
3. Procedural Questions: Facts and Reasoning
A. Does the Non-confidential Summaries Provide a Reasonable Understanding?
B. The ‘Essential Facts’ and the Admissibility of the Mercedes-Benz USA Letter
C. The Facts Available and Determination of ‘Residual’ Anti-Dumping and Countervailing Duty Rates
4. Substantive Issues: An Objective Examinationbased on Positive Evidence
A. The Definition of the Domestic Industry for the Purposes of Its Injury Determination
B. Price Effects Analysis and Causation Determination
5. Conclusion
References
영어 초록
On June 18, 2014, the WTO’s Dispute Settlement Body adopted the Panel report on China – Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States case. There are questions that are still left open or ambiguous, and some notable findings have been introduced. For the procedure, the major issues are whether the non-confidential summaries of data were sufficient to reasonably understand the information, the admissibility of the delayed letter from parties and whether the notice and registration of Investigation Authorities could justify the facts available for determination of Residual rates. As regards the substantive issues, the discussion focuses on whether there is a self-selection process to distort the domestic industry definition and the price comparability between subject imports and the domestic like product. By analyzing the arguments, evidences and reasoning in these regards, this review points out questions that still need future clarification.
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