Jin Woo Rhee and Ho Chul Kim. "An Analysis of U.S. Countervailing Duty Law - Focused on Investigation Procedures and Requirements." KHU Global Business Law Review 9, 1 (2016): 9-29.
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Following protectionism trend in international trade, the number of CVD has been increased. In steel industry, especially, due to an excessive supply from China, the number of CVD in 2014 was the largest since 2008. It means CVD is now became as a strategic decision for a government to protect domestic industries. Most of all, U.S. is one of the most active country that considers CVD as a methodology to protect decline industries. Thus, there is necessity to prepare about trade disputes occurred from CVD issues. However, studies about U.S trade remedy policies in Korea are not enough, and especially studies about U.S. CVD Act were not covered sufficiently.
The Act is consistent with with WTO Subsidy Agreement, but contain its own characteristic applied. U.S. particular practices and economic situation. This paper introduce the definition of a countervailable subsidy and requirements for a countervailing duties. Particularly important requirements are whether the subsidy provides benefits to an export company or not, and whether the subsidy can be specified from its legal basis and actual performance or not. Furthermore, this paper also covers investigation procedure which divided authority is important; the USDOC and the USITC.