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US–OCTG (Korea): Legal Boundary of ‘Political’ Remedy

Published online by Cambridge University Press:  01 April 2020

Dukgeun Ahn  and
Philip I. Levy
Dukgeun Ahn*
Affiliation:
Seoul National University, Korea
Philip I. Levy*
Affiliation:
Flexport, USA
*
*Email: [email protected]
**Email: [email protected]
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Abstract

The United States – Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea (US–OCTG (Korea)) Panel decision concerned the latest in a long line of antidumping (AD) disputes about Oil Country Tubular Goods. It was notable for a broadly permissive approach by the Panel – on all major legal issues but one, the Panel sided with the United States over Korean objections. The case itself was also notable for the US reversal of a negative preliminary determination, something that had occurred in less than 1% of prior cases. Finally, the case was notable for unusual behaviour outside of the investigative process, including both vocal political complaints and a curious decision by Korea not to appeal. We discuss the legal determinations made by the Panel and offer a new interpretation of how to think about whether AD practices are justifiable. We also describe the broader diplomatic context in which Korea and the United States interacted and consider the implications if political pressures play an increased role in determining dispute outcomes.

Type
Research Article
Information
World Trade Review , Volume 19 , Issue 2 , April 2020 , pp. 164 - 181
Copyright
Copyright © The Author(s) 2020. Published by Cambridge University Press

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