Jinwoo Rhee. "A Study on the Trade Preferences Extension Act of 2015 and Application of Adverse Facts Available in Antidumping Duty Investigations: Focused on Antidumping Duties on Corrosion-Resistant Steel Products from the Republic of Korea." Ewha Law Review Vol. 6, No. -, 2016.
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Protectionism is the recent trend in world trade. U.S. Congress enacted the Trade Preference Extension Act of 2015(TPEA) on 29th of June in 2015, and it was enforced on 6th of August in 2015. Section 502 of the TPEA revises U.S.’s antidumping laws and countervailing duty laws, and reinforces the power of the investigation authorities in investigational proceedings, i.e., the U.S. Department of Commerce(USDOC) and the U.S. International Trade Commission(USITC). There vision on the U.S. antidumping laws was mainly focused on the reinforcement of the USDOC’s abilities to use facts available(FAs). The USDOC has more discretion to use FAs in the case of the foreign companies’ failure to cooperate with its requests for information. Furthermore, the USDOC is able to apply adverse facts available(AFAs) based on information provided by the petitioner of the case, which can result in an unfavorable dumping margin for its foreign counterpart. In the final determination of the ‘Antidumping Duty Investigation of Certain Corrosion-Resistant Steel Products from the Republic of Korea’ case, the USDOC used AFAs to Hyundai Steel, and the dumping margin was significantly increased compared to what it was in its preliminary determination. This case shows how the USDOC uses AFAs in practice and how foreign companies should prepare for their trade remedy investigations to avoid unexpectedly high dumping margins from the USDOC.
http://www.riss.kr/link?id=A103104332