Korea Trade Commission

Standing

• Any domestic producers of the like product
  At the time of applying, out of the total production amount by the domestic producers who express assent or dissent, more than 50% shall belong to the domestic producers expressing assent. And the total production amount of the domestic producers who express assent shall exceed 25% of the total domestic production.
• Any producer organizations (association, society and others organized by domestic producers)
• Minister of the competent Ministry in charge of the industry concerned

Requirements for Application

• Existence of dumped imports
  • Difference between the normal value for the like product when destined for consumption in the exporting country and the export price (dumping margin).
• Material injury to domestic industry
• Causal link between the dumped imports and the alleged injury
  • Dumped imports cause injury to the domestic industry

How to apply

• Anyone who wants to apply for anti-dumping duty investigation should complete the required application form and then submit it to the Korea Trade Commission with the evidence of material injury caused by the dumped and imports.
  • A total of six investigation application forms shall be submitted (three for confidential version, and three for non-confidential version)
• In case the application includes any business proprietary materials, the relevant material shall be marked as “Confidential”, and the non-confidential version that does not include any business proprietary materials shall be submitted along with it.

Investigation Procedure

• Determination whether to initiate investigation (Korea Trade Commission ): Within 2 months after receiving an application, the Korea Trade Commission shall determine if there is a need to initiate an anti-dumping duty investigation. If determination to initiate an investigation is made, a public notice shall be issued stating the following :
  • Subject merchandise and the like product
  • Range of the domestic industry that manufactures subject merchandise and the like product
  • Supplying country and supplier of the subject merchandise.
  • Period of investigation.
• Preliminary determination on investigation and provisional measures (Korea Trade Commission) : Within three months after the date of the initiation, the Korea Trade Commission shall complete the investigation and prepare provisional measures.
  • In the preliminary phase of investigation, a questionnaire shall be sent to the foreign exporter, domestic producer(s), importer and distributor(s) involved. Their replies shall be analyzed.
  • In case any interested parties refuse to submit necessary materials, or the submitted material is insufficient, the request for the material in question shall be made to the authorities concerned including the Korea Customs Service, Korean Agency for Technology and Standards, and KOTRA.
  • If the Korea Trade Commission makes an affirmative determination about injury to the domestic industry, it shall recommend the Ministry of Finance and Economy to impose provisional anti-dumping duty equivalent to the investigated dumping margin
• Final determination (Korea Trade Commission): Within three months after the preliminary determination, the Korea Trade Commission shall make the final determination of injury to the domestic industry, and determine the dumping margin if the determination is affirmative.
  • In the final phase of investigation, the Korea Trade Commission shall carry out an on-the-spot investigation and a public hearing in which the interested parties shall participate.
  • During the on-the-spot investigation, an investigation team shall visit the foreign suppliers and domestic producers, associations, societies, importers and consumers. In this investigation, the accuracy of their submitted responses shall be checked by comparing them with various documents including accounting books and other documentary evidence.
  • The planning of a public hearing shall be announced in the Official Gazette at least 30 days prior to the public hearing. Anyone who wants to attend the public hearing shall submit an application for permission with vindication materials, gist of statement, and personal data of representative.
  • In the investigation process, the interested parties are allowed to present her or his opinion in written statement.
• Definitive measures(Ministry of Strategy and Finance) : The anti-dumping duty shall be imposed to an extent not exceeding the amount of dumping margin.