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

• A specific industry or company subsidized by a foreign country.
• Material injury or threat of material injury caused by imports subsidized by a foreign country.
• Causal link between the imports subsidized by a foreign country and the material injury to the domestic industry.

Investigation Procedure

• Determination whether to initiate an investigation (Korea Trade Commission) : Within 2 months after receiving an application, the Korea Trade Commission shall decide if there is a need to initiate an investigation.
• Final determination (Korea Trade Commission) :
  • Within 3 months after the preliminary determination, the Korea Trade Commission shall make the final determination of injury to the domestic industry.
  • If the above determination is affirmative, the Korea Trade Commission shall recommend the Ministry of Strategy and Finance to impose countervailing duty.
  • In case the exporter offers price undertaking, the Korea Trade Commission shall review it, and recommend the Ministry of Finance and Economy to approve it if required.
  • Definitive measures (Ministry of Strategy and Finance): The countervailing duty shall be imposed to an extent not exceeding the amount of subsidy (within one month after the recommendation of the Korea Trade Commission) and the price undertaking shall be approved by the Ministry of Strategy and Finance.