신보호주의하에서 미국 무역구제제도의 변화와 주요 사례 연구 (A Study on Recent Changes in U.S. Trade Remedies: Cases Against Korean Exports)

Abstract

Korean Abstract: 최근 미국 무역구제조치의 변화는 우리나라 기업의 대미 수출활동뿐만 아니라 정부의 산업정책에도 적지 않은 혼란을 야기하고 있다. 본 연구는 미국 무역구제제도의 주요 규정과 관행 변화의 영향을 구체적인 사례를 들어 분석하였다. 이를 통해, 미국 무역구제조치의 변화가 초래하는 위협의 원천을 식별하고 정부와 기업의 대응방안 수립에 도움이 될 시사점을 제시하였다. English Abstract: This study identifies potential threats to exporters to the U.S. caused by the recent changes in U.S. trade remedies. A close examination is conducted of U.S. trade remedy measures against Korean businesses. The second chapter reviews the political and economic background of the recent legislations for U.S. trade remedies. The third and fourth chapters analyze the institutional and implementational changes in antidumping and countervailing duties, and safeguard measures carried out under the Trump administration, respectively. Our results find that the series of amendments to U.S. trade remedy laws aim to grant the two investigation authorities, i.e. the U.S. International Trade Commission and Department of Commerce, greater discretion in making their decisions and in calculating the price advantage provided to foreign exporters. In antidumping and countervailing duty cases such amendments lead to more facile application of a higher dumping margin or subsidy rate to foreign producers through an increase in normal value, use of Particular Market Situation (PMS) or Adverse Facts Available (AFA) or both, and a failure to cooperate on the part of a respondent. In doing so they serve the purpose of strengthening the position of U.S. domestic industries with protectionist tendencies. The study shows that the U.S. laws on safeguards, general and security, have not changed much since the enactments, but there has been a significant change in their implementations. The Trump administration has consecutively triggered general safeguard measures against Korean residential washing machines and solar products for the first time in 16 years, and initiated investigations on a threat to national security posed by imported steel, aluminum, and automobile products. It has employed general safeguards to prevent foreign exporters from circumventing antidumping duties, which may not be in line with their original purpose, and has been applying security safeguards rarely used in the past to a breadth of imports, aggressively interpreting the definition of national security.