Korea Trade Commission

Standing

• Any parties with an interest in the domestic industry concerned and the head of the central administrative authority overseeing the domestic industry.
  • producer or a group of producers producing not less than 20% of the total domestic production
  • A group of producers comprising not less than 20% of the total number of domestic producers of the goods concerned;
    provided, that in the case of agricultural, forestry, or fisheries industries, a group of producers of the goods concerned which is composed of five or more members
  • Labor unions of each industry, societies or associatons whose foundation is permitted by the head of the producers of the goods concerned

Requirements for Application

• During a particular period of time, a specific product being imported in increased to domestic production.
• Serious injury or threat of serious injury to the domestic industry that produces the like or a directly competitive products.
• Causal link between the increased imports and serious injury to the domestic industry.

Investigation Procedure

• Determination whether to initiate an investigation (Korea Trade Commission): Upon receipt of any application for investigation, the Korea Trade Commission shall determinate whether to initiate an investigation in consultation with the head of central administrative authorities concerned within 30 days from the date of the application.
• Investigation of injury to domestic industry and recommendations for the safeguard measures(Korea Trade Commission)
  • Within 4 months after the determination to initiate the investigation, the Korea Trade Commission shall make a determination as to the existence of serious injury or threat of serious injury to the domestic industry concerned.
  • If the above determination is affirmative, the Korea Trade Commission may decide on measures and recommend the head of central administrative authorities concerned to take safeguard measures within 1 month after the determination.
    Provisional measures: Where, unless the provisional safeguard measures are taken, irreparable injuries will or are likely to result in the industry under investigation, the Korea Trade Commission may recommend the heads of the central administrative authorities concerned to take provisional measures in the form of adjustment of customs tariff.
• Determination and implementation of safeguard measures(the heads of central administrative authorities concerned).
  • Within 1 month after the recommendation from the Korea Trade Commission, Ministry of Strategy and Finance shall determine whether to take the safeguard measures.
  • Contents of measures: Adjustment of customs tariff, quantitative restrictions on imports of the goods, and other measures to remedy the serious injury or facilitate structural adjustments of the domestic industry.
    (Support of technological developments,etc.)
  • Duration of safeguard measures: Within 4 years (maximum 8 years)
    Non-discrimination Principle : Any safeguard measures shall be applied in principle to a product being imported irrespective of its source.