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 ···································································································· 59
8) 우회 조사의 절차와 19 CFR Section 351.226 ·············································· 61
9) 우회 조사기관 ····························································································· 72

04 주요국의 우회덤핑 방지 제도 개요: 캐나다 ………………………………75
1) 캐나다 우회 방지 법률 제도 개관 ·································································· 75
2) SIMA 제71조: 캐나다 법령상 우회의 정의 ····················································· 76
3) SIMR 제57.11조: 우회덤핑의 요건 ① - 무역 패턴의 변화 ······························· 76
4) SIMR 제57.12조: 우회덤핑의 요건 ② - 특정 행위의 발생 ······························ 78
5) SIMR 제57.12조 (a): 우회덤핑의 요건 ②-1 - 캐나다 내 조립 혹은 완성 ·········· 79
6) SIMR 제57.12조 (b): 우회덤핑의 요건 ②-2 - 제3국 조립 혹은 완성 ··············· 80
7) SIMR 제57.12조 (c): 우회덤핑의 요건 ②-3 – 사소한 변경 ····························· 81
8) SIMR 제57.15조: 우회덤핑의 요건 ②-4 – 무역구제조치 효과의 훼손 ·············· 83
9) SIMR 제57.16조: 우회덤핑의 요건 ③ – 덤핑방지관세 부과와 무역 패턴의 인과관계 ··· 83
10) 우회 조사기관·조사 절차 및 기간 ································································ 86
11) 직권조사 ·································································································· 90

05 기타 국가의 우회덤핑 방지 제도 …………………………………………92
1) 인도 ··········································································································· 92
2) 호주 ··········································································································· 95
3) 튀르키예 ···································································································· 96
4) 중국 ········································································································· 100
5) 기타 국가 ································································································· 101

Ⅱ. 텍스투스 : 한국의 우회덤핑 방지 제도 해설 ���������� 105

01 한국의 우회덤핑 방지 제도 도입 과정 ………………………………… 105
1) 우회덤핑 방지제도에 대한 한국 정부의 과거 견해 ········································ 105
2) 우회덤핑 방지제도에 대한 한국 정부의 견해 변경 ········································ 107
3) 한국 우회덤핑 방지제도 도입 경과 ······························································ 108

02 한국의 우회덤핑 방지 제도 - 관세법 제56조의 2 …………………… 111
1) 관세법 제56조의 2 개관 ············································································ 111
2) 관세법 제56조의 2, 제①항 : 덤핑방지관세가 부과되는 물품? ························ 112
3) 관세법 제56조의 2, 제①항 : “등?” ····························································· 113
4) 관세법 제56조의 2, 제①항 : 제51조에 따른 부과 요청을 한 자? ··················· 114
5) 관세법 제56조의 2, 제①항의 2 : 그 밖에 대통령령으로 정하는 경우? ············ 115
6) 관세법 제56조의 2, 제②항 : 가격 약속과 잠정 조치 ····································· 115
7) 관세법 제56조의 2, 제③항 : 소급효 ··························································· 116

03 한국의 우회덤핑 방지 제도 - 관세법 시행령 제71조의2~제71조의 11 ……117
1) 관세법 시행령 제71조의 2~제71조의 11 개관 ············································ 117
2) 관세법 시행령 제71조의 2 – 우회덤핑 행위의 유형: 경미한 변경 ··················· 118
3) 관세법 시행령 제71조의 3 – 우회덤핑 직권조사 사유 ··································· 123
4) 관세법 시행령 제71조의 6 – 우회덤핑 직권조사의 개시 ································ 125
5) 관세법 시행령 제71조의 4 – 우회덤핑 조사의 신청 ······································ 130
6) 관세법 시행령 제71조의 5 – 우회덤핑 조사의 개시 ······································ 135
7) 관세법 시행령 제71조의 7 – 우회덤핑의 조사 절차 ······································· 145
8) 관세법 시행령 제71조의 8 – 우회덤핑 조사신청의 철회 및 종결 ····················· 149
9) 관세법 시행령 제71조의 9 – 우회덤핑과 관련한 이해관계인에 대한 자료협조 요청 등 ·152
10) 관세법 시행령 제71조의 10 – 우회덤핑에 대한 덤핑방지관세의 부과 ··········· 155
11) 관세법 시행령 제71조의 11 – 우회덤핑과 관련한 이해관계인에 대한 통지·공고 등 ···167

04 한국의 우회덤핑 방지 제도 - 관세법 시행규칙 제20조의 2~제20조의 4 … 171
1) 관세법 시행규칙 제20조의 2~제20조의 4 개관 ··········································· 171
2) 관세법 시행규칙 제20조의 2, 제①항 – 경미한 변경행위의 판단 ···················· 172
3) 관세법 시행규칙 제20조의 3 – 우회덤핑 조사신청의 철회 ···························· 181
4) 관세법 시행규칙 제20조의 4 – 우회덤핑 조사 관련 비밀취급 자료 ················· 182

05 한국의 우회덤핑 방지 제도 - 덤핑방지관세 부과 신청·조사·판정에 관한
세부 운영 규정 제2조, 제32조 내지 제37조 ………………………… 185
1) 운영 규정 제2조, 제32조 내지 제37조 개관 ················································ 185
2) 운영 규정 제2조 – 용어의 정의 ··································································· 186
3) 운영 규정 제32조 – 우회덤핑 조사신청 자격 ················································ 189
4) 운영 규정 제33조 – 우회물품에 대한 덤핑방지관세 부과에 필요한 조사신청 ···· 191
5) 운영 규정 제34조 – 신청서 검토 ································································· 192
6) 운영 규정 제35조 – 우회덤핑 조사 대상 물품 범위에 대한 의견 제출 ··············· 193
7) 운영 규정 제36조 – 우회덤핑 조사 참여 신청 ················································ 194
8) 운영 규정 제37조 – 조사개시 여부 결정 시 의견 문의 ···································· 195

Ⅲ 에필로그 198

01 한국의 우회 방지 제도 개선을 위한 제언 ………………………………………199

Ⅳ. 별첨: 우회덤핑 조사 신청서 205

01 우회덤핑 조사 신청서 ………………………………………………………………206