사례를 통한 미반덤핑법상 상품의 범위에 관한 연구

• 영문명: Study concerning the Scope of Merchandise under the U.S. Antidumping Law through Case
• 발행기관: 한국통상정보학회
• 저자명: 하충룡(Choong-Lyong Ha) 한나희(Na-Hee Han)
• 간행물 정보: 『통상정보연구』제11권 제3호, 265~286쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

“Dumping” describes the practice of international price discrimination whereby a producer or exporter sells merchandise in an export market at less than fair value. The U.S. antidumping statutory framework is embodied in the Tariff Act of 1930. The Act states that “dumping” refers to the sale or likely sale of goods at less than fair value. 19 U.S.C. § 1677(34). The Commerce Department and the Commission are jointly responsible for administering the antidumping law. Commerce determines whether foreign merchandise is being sold in the United States at less than fair value, and the Commission determines whether a domestic industry producing a product like the imported merchandise has been materially injured or threatened with material injury by reason of imports of that product. Recently, in U.S. v. Eurodif, the Supreme Court held the question whether the Commerce can reasonably determin that foreign merchandise has been sold within the meaning of the antidumping law in U.S.. Should 19 U.S.C. Section 1673, which calls for “antidumping” duties on foreign goods, but not services, that sell at less than fair value in the U.S., apply to imported low enriched uranium? Yes. In a unanimous opinion written by Justice David H. Souter, the Supreme Court held that the Commerce Department’s view of imported low enriched uranium, as the sale of goods rather than services, was permissible. It reasoned that, since 19 U.S.C. Section 1673 did not specify whether it applied to the production of low enriched uranium, it was left to the reasonable interpretation of the Commerce Department to determine. Accordingly, the Court found the Commerce Department interpreted the statute reasonably.

목차

Ⅰ. 서론

Ⅱ. 미국 반덤핑법의 일반론적 고찰

Ⅲ. 연방대법원 사례분석(Eurodif 사건)

Ⅳ. 미국반덤핑법 적용을 위한 상품의 범위

Ⅴ. 결론

참고문헌

Abstract

키워드

U.S. v. Eurodif the Application of U.S. Antidumping 19 U.S.C. § 1673 the Scope of Merchandise