우회덤핑 방지 제도 해설 書

Ⅰ. 프롤로그 : 우회의 개요 및 주요국의 우회 방지 제도 1

01 우회의 개요 ………………………………………………………………… 1
1) 우회의 개념 ·································································································· 1
2) 우회덤핑의 개념 ···························································································· 3
3) 우회덤핑의 유형 ···························································································· 5
4) 우회덤핑 방지 제도의 WTO 합치성 – 위배? ··················································· 10
5) 우회덤핑 방지 제도의 WTO 합치성 – 합치? ··················································· 12

02 주요국의 우회덤핑 방지 제도 개요: EU ……………………………………16
1) EU 우회 방지 법률 제도 개관 ······································································· 16
2) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ① - 무역 패턴의 변화 ············ 18
3) Reg 2016/1036 제13조 1항과 2항: 우회덤핑의 요건 ② - 관행, 공정, 작업의 변화 ·· ··22
4) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ③ - 무역 구제 조치의 훼손 여부 · ·······28
5) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ④ - 덤핑의 존재 ···················· 29
6) Reg 2016/1036 제13조 3항: 우회덤핑 조사의 절차 ····································· 32
7) Reg 2016/1036 제13조 4항과 5항: 우회덤핑의 면제와 관세 부과 ················· 34
8) 우회 조사기관 및 결정 절차 ········································································· 36
9) 직권조사와 소급효 ······················································································ 38

03 주요국의 우회덤핑 방지 제도 개요: 미국 …………………………………41
1) 미국 우회 방지 법률 제도 개관 ················································································· 41
2) 우회의 유형 ①, 관세법 제781조 (a): 미국 내 완성 혹은 조립 ·························· 43
3) 우회의 유형 ②, 관세법 제781조 (b): 제3국 완성 혹은 조립 ···························· 45
4) 우회의 유형 ③, 관세법 제781조 (c): 사소한 변경 ·········································· 54
5) 우회의 유형 ④, 관세법 제781조 (d): 사후 개발 제품 ····································· 55
6) Scope Ruling과 우회 조사의 관계 ······························································· 58
7) 직권조사 ·······························································..