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An Examination of the U.S. Trade Remedy Laws
Koo, Won-whe;Uhm, Ihn-Ho 법무부 2004 통상법률 Vol.- No.57
Agricultural trade between the United States and Canada has been contentious since the inception of the Canada-U.S. Free Trade Agreement (CUSTA) since 1989, mainly because Canadian exports of wheat and barley to the United States increased significantly, while U.S. exports remain unchanged. Research conducted by many agricultural economists in both sides of the border indicates that the asymmetric trade flows of wheat and barley between the two countries have been caused by differences in trade policies, farm subsidies, and marketing institutions between the two countries, and the relative value of the Canadian dollars. Wheat producers in the United States increasingly rely on US trade remedy laws such as anti-dumping and countervailing duties, require a "material injury test" prior to the imposition of countermeasures, to correct the surge in wheat inports from Canada. The most recent affirmative injury determination by the USITC demonstrates that the lack of a quantitative definition of material injury makes the outcome of the injury determination virtually unpredictable. The current trend of seeking relief using trade remedy laws will continue as long as the asymmetric bilateral wheat trade flows remain unchanged.
An Examination of the U.S. Trade Remedy Laws
Won Whe Koo(구원회),Uhm Ihn Ho(엄인호) 법무부 국제법무정책과 2004 통상법률 Vol.- No.57
Agricultural trade between the United States and Canada has been contentious since the inception of the Canada-U.S. Free Trade Agreement (CUSTA) since 1989, mainly because Canadian exports of wheat and barley to the United States increased significantly, while U.S. exports remain unchanged. Research conducted by many agricultural economists in both sides of the border indicates that the asymmetric trade flows of wheat and barley between the two countries have been caused by differences in trade policies, farm subsidies, and marketing institutions between the two countries, and the relative value of the Canadian dollars. Wheat producers in the United States increasingly rely on US trade remedy laws such as anti-dumping and countervailing duties, require a material injury test prior to the imposition of countermeasures, to correct the surge in wheat imports from Canada. The most recent affirmative injury determination by the USITC demonstrates that the lack of a quantitative definition of material injury makes the outcome of the injury determination virtually unpredictable. The current trend of seeking relief using trade remedy laws will continue as long as the asymmetric bilateral wheat trade flows remain unchanged.
O. Yul Kwon,Ihn Ho Uhm 대외경제정책연구원 1998 East Asian Economic Review Vol.2 No.3
In the consequence analyzing methods which are frequently used by the Canadian administrative tribunal, there are dualistic approximation method which uses the trend analysis and unitary approximation method which uses economic analysis. The disadvantage of the dualistic approximation method is that it cannot separate the effect out of dumping and the effect of dumping. In the contrary, the unitary approximation method includes methods like the countable partial equipoise model and computation model which could overcome the similar question. This thesis made comments on the advantages and disadvantages of the above two economic analysis by way of analyzing the Canadian case used in the damage arbitration process. And found that both the two methods could enhance the objectivity, transparency and fairness in the damage arbitration, meanwhile, the countable partial equipoise model is more practical under the restriction of time and resources. Especially, this thesis definitely brought forward the conjunction between the trade regulation and the economic analysis in the process of the damage arbitration of the Canadian administrative tribunal.