Journal of World Trade
Volume 59, Issue 2 (2025) pp. 235 – 256

httpss://doi.org/10.54648/trad2025017

Abstract

This research examines the WTO Anti-Dumping Agreement and relevant cases concerning the ‘domestic industry’ definition in Article 4.1. It then empirically analyses how the Korea Trade Commission (KTC) applies this concept in its anti-dumping investigations. The WTO Agreement and disputed cases grant investigating authorities discretion in defining the domestic industry. The KTC likewise exercises this discretion in determining the scope of the domestic industry and interpreting relevant provisions for excluding producers. However, this study identifies inconsistencies in the KTC’s interpretation of the domestic industry, particularly regarding industry representativeness. It also highlights the lack of consistent standards in this interpretation. This research reveals that while flexibility is permitted in defining the domestic industry, there are concerns about the consistency and clarity of the KTC’s approach. This ambiguity in interpretation and application of standards raises questions about the effectiveness and fairness of KTC’s current approach in representing domestic industries in anti-dumping investigations.

Extract

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