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US – OCTG (Korea): Legal Boundary of “Political” Remedy

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  • Dukgeun Ahn
  • Philip I. Levy

Abstract

The US-OCTG panel decision concerned the latest in a long line of antidumping (AD) disputes about Oil Country Tubular Goods. It was notable for a broadly permissive approach by the panel; on all major legal issues but one, the panel sided with the United States over Korean objections. The case itself was also notable for the U.S. reversal of a negative preliminary determination, something that had occurred in fewer than 1 percent of prior cases. Finally, the case was notable for unusual behavior outside of the investigative process, including both vocal political complaints and a curious decision by Korea not to appeal. We discuss the legal determinations made by the panel and offer a new interpretation of how to think about whether AD practices are justifiable. We also describe the broader diplomatic context in which Korea and the United States interacted and consider the implications if political pressures play an increased role in determining dispute outcomes.

Suggested Citation

  • Dukgeun Ahn & Philip I. Levy, 2019. "US – OCTG (Korea): Legal Boundary of “Political” Remedy," RSCAS Working Papers 2019/77, European University Institute.
    • Handle: RePEc:rsc:rsceui:2019/77
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    References listed on IDEAS

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    1. Kyle Handley & Nuno Limão, 2018. "Policy Uncertainty, Trade, and Welfare: Theory and Evidence for China and the United States," World Scientific Book Chapters, in: Policy Externalities and International Trade Agreements, chapter 5, pages 123-175, World Scientific Publishing Co. Pte. Ltd..
    2. Bagwell, Kyle & Staiger, Robert W, 1990. "A Theory of Managed Trade," American Economic Review, American Economic Association, vol. 80(4), pages 779-795, September.
    3. Prusa, Thomas J. & Vermulst, Edwin, 2013. "United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China: Passing the Buck on Pass-Through," World Trade Review, Cambridge University Press, vol. 12(2), pages 197-234, April.
    4. Bown, Chad P. & Wauters, Jasper, 2008. "United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico: a legal-economic assessment of sunset reviews," World Trade Review, Cambridge University Press, vol. 7(1), pages 269-298, January.
    5. Grossman, Gene M. & Mavroidis, Petros C., 2005. "United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea Not for Attribution," World Trade Review, Cambridge University Press, vol. 4(S1), pages 99-132, January.
    6. Grossman, Gene M. & Wauters, Jasper, 2008. "United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina: a cloudy sunset," World Trade Review, Cambridge University Press, vol. 7(1), pages 235-263, January.
    7. Horn,Henrik & Mavroidis,Petros C. (ed.), 2005. "The WTO Case Law of 2002," Cambridge Books, Cambridge University Press, number 9780521834223.
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