Technical Flaws in the Application of the U.S. Antidumping Law : The Experience of U.S.-Korean Trade

The U.S. antidumping law suffers from a series of defects in its implementation, resulting in the unwarranted finding of illegal predatory pricing by foreign companies. In light of the existing technical flaws outlined in this Article, it is clear that the U.S. antidumping law is merely a form of protectionism, designed to serve the interests of domestic industry at the expense of consumers.This article briefly profiles the U.S. antidumping law in light of the U.S.-Korean trade experience. Section 2 provides background information on the U.S. antidumping law. Section 3 discusses the current U.S.-Korean trade policy. Section 4 analyzes some of the shortcomings of the U.S. law, using the U.S. relationship with Korea as a model for understanding these problems. Section 5 discusses the threat that the existing antidumping law poses as a means of harassing foreign producers. Section 6 addresses the effects of antidumping that are often overlooked by policy makers. In light of both the protectionist nature of the statute as well as the defects in the implementation of the statute, this article concludes that a reexamination of the U.S. antidumping law is necessary, and that an outright repeal should be considered