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

Dukgeun Ahn and Philip Levy

No 2019/77, RSCAS Working Papers from European University Institute

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.

Keywords: Antidumping; OCTG; constructed value; Best Estimator approach; Bound Protection approach (search for similar items in EconPapers)
Date: 2019-10
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Journal Article: US–OCTG (Korea): Legal Boundary of ‘Political’ Remedy (2020)
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