WORLD TRADE  
ORGANIZATION  G/ADP/N/1/KOR/6 
23 March 2011  
 
(11-1447) 
Committee on Anti-Dumping Practices Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
 
REPUBLIC OF KOREA 
 
 
The following communication, dated 18 March 2011, is being circulated at the request of the 
Delegation of the Republic of Korea.  
_______________ 
 
  Pursuant to Article 18.5 of the Agreement on th e Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), the Government of Korea wishes 
to notify the revised Customs Act and its sub-regul ations concerning anti-dumping measures, which is 
in force as of the date of the notification. 
 
THE CUSTOMS ACT 
Article 51 (Subjects of Anti-dumping Duty)
 
 
 In cases where the request for imposition h as been made by a person prescribed in the 
Presidential Decree and having interest in the dom estic industry, or the Minister of relevant 
authorities, and where it is confirmed through an inv estigation that importation of foreign products at 
a price lower than the normal value (hereinafter referred to as "dumping") results in any of the 
following Sub-paragraphs (hereinafter referred to as "material injury, etc."), and it is deemed 
necessary to protect the domestic industry concerne d, a duty in an amount not more than the 
difference between the normal value and the dumping price (hereinafter referred to as the "dumping 
margin") of such products (hereinafter referre d to as "anti-dumping duty") may be additionally 
imposed on such products, by designating the products  and supplier or supplying country through the 
Ordinance of the Minister of Strategy and Finance. 
(1) material injury to a domestic industry is caused or threatened; 
(2) material retardation of the establishm ent of a domestic industry is caused. 
Article 52 (Investigation of Dumping and Material Injury, etc.)  
 
1. Investigation of dumping and material injury, etc. provided in Article 51 shall be conducted 
according to the Presidential Decree. 
2. If it is deemed necessary to consider the co mpetitiveness of the relevant industry, price 
stabilization, and trade co-operation in imposing of  anti-dumping duty, the Minister of Strategy and 
Finance may reflect such factors through investigation on them. G/ADP/N/1/KOR/6 
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  Article 53 (Provisional Measures prior to Imposition of Anti-dumping Duty)
 
 
1. Where an investigation has been initiated to de termine whether or not an anti-dumping duty is 
to be imposed, and any of the requirements provide d in the following Sub-paragraphs is met, the 
Minister of Strategy and Finance may, even before the investigation is concluded, order a measure to 
additionally impose a provisional anti-dumping duty, which is not greater than the amount equivalent 
to the dumping margin estimated provisionally, or to provide a security by designating the products, supplier or supplying country and period (hereinafter referred to as "provisional measures" in this 
Section) as prescribed in the Presidential Decree to  prevent the injury caused during the period of 
investigation; 
(1) where there is sufficient eviden ce to presume that there has been the fact of  dumping 
and material injury, etc., caused thereby;  
(2) where the undertakings as referred to in Article 54 are violated, or a demand for 
materials on the fulfilment of the undertaki ngs and a demand to allow the verification 
of the materials presented is not complied, and there is the best information available. 
2. The provisional anti-dumping duty paid shall be re funded, or the security provided shall be 
released, as prescribed in the Presidential Decree , in any cases as referred to in the following Sub-
paragraphs: 
(1) The request for the imposition of an anti-dumping duty on the products subject to 
provisional measures is withdrawn, and the investigation is terminated accordingly; 
(2) Whether or not the anti-dumping duty is to be imposed on the products subject to 
provisional measures is determined;  and 
(3) The undertaking under the provisions of Article 54 is accepted.  
3. Notwithstanding the provisions in Paragraph 2, if the amount of the anti-dumping duty is 
higher than that of the provisional anti-dumping duty,  the difference shall not be collected, and if the 
amount of the anti-dumping duty is lower than that of the provisional anti-dumping duty, the 
difference shall be refunded, in any cases as referred to in the following Sub-paragraphs: 
(1) The undertakings referred to in Article 54 we re accepted after it was determined that 
there was a fact of dumping and material in jury, etc. caused ther eby as the result of 
investigation thereon;  and 
(2) The anti-dumping duty is applied retroactiv ely to the products according to the 
provision of the proviso to Article 55. 
Article 54 (Proposal of Undertakings Related to the Anti-dumping Duty)
 
 
1. When it is determined that there was a fact of dumping and material injury, etc. caused 
thereby through the preliminary investigation with  the objective of determining whether to impose 
anti-dumping duty, the exporter of the products con cerned or the Minister of Strategy and Finance 
may propose undertakings to revise the price or to cease exports at the dumping price to the extent 
that the injury caused by the dumping could be eliminated, in accordance with the Presidential 
Decree. 
2. If the undertakings, as referred to in Paragraph 1,  are accepted, the Minister of Strategy and 
Finance shall have the investigation suspended or te rminated without taking any provisional measures  G/ADP/N/1/KOR/6 
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  or imposing any anti-dumping duty.  However, if the Minister of Strategy and Finance deems the 
investigation to be necessary, or th e exporter requests to continue th e investigation, the investigation 
may be continued. 
Article 55 (Timing for Imposition of the Anti-dumping Duty)  
  The imposition of the anti-dumping duty and the provisional measures shall be applied to the 
products imported after such measures are taken resp ectively. However, if an international agreement 
or the Presidential Decree provides otherwise with  regard to the products to which provisional 
measures has been applied, the anti-dumping duty may be imposed on such products. 
Article 56 (Review on the Imposition of the Anti-dumping Duty, etc.)
 
 
1. The Minister of Strategy and Finance may, if necessary, conduct a review on the imposition 
of the anti-dumping duty, and on the undertakings according to the provision of Article 54, pursuant to the Presidential Decree, and take measures wh ich are necessary for the imposition of the anti-
dumping duty, modification of the contents of the undertakings, refund, etc., as a result of such a 
review. 
2. Except in cases where the expiry date is dete rmined separately by the Ordinance of the 
Minister of Strategy and Finance, the impositi on of the anti-dumping duty or the undertakings 
accepted under the provisions of Article 54, shall lose its effect after five years from the imposition of 
the anti-dumping duty or the implementation of the undert akings, and if its contents are modified as a 
result of the review of dumping and industrial inju ry, as referred to in Paragraph 1, it shall lose its 
effect after five years from the date of implemen tation of such a modification except the cases where 
the imposition period is provided separately by the Ordinance of the Minister of Strategy and Finance. 
3. Matters concerning the imposition of the anti-dum ping duty and its enforcement as referred to 
in Paragraph 1 and 2, and Articles 51 through 54 sh all be determined by the Presidential Decree. 
ENFORCEMENT DECREE OF THE CUSTOMS ACT 
(PRESIDENTIAL DECREE)
 
Article 58 (Comparison between the Normal Value and the Dumping Price ) 
 
1. For the purpose of Article 51 of the Act, the te rm "normal value" means the price of the like 
product in the ordinary course of trade which is consumed in the country that supplies the product.  However, if the like product is not traded, or if it is  impossible to apply the price used in the ordinary 
course of trade in such a country because of the par ticular market situation, etc., then a comparable 
price which is representative of the export prices of the like product from such a country to third 
countries, or a price that includes the cost of production in the country of origin, combining with a reasonable amount for administrative and selling cost s, and profits (hereinafter referred to as the 
"constructed value") shall be considered the normal value. 
2. If the product is imported through a third country and not directly from the country of origin, 
the price used in the ordinary course of trade in the third country shall be considered the normal value.  
However, if the product is simply shipped throug h or no actual production of the like product takes 
place or there is no price that is recognized as the pric e used in the ordinary course of trade in the third 
country, then the price used in the ordinary course of trade in the country of origin shall be considered 
the normal value. 
3. Notwithstanding the provisions of Paragraphs 1 and 2, if the product concerned is imported 
from a country in which the state controls th e economy and a market economy system is not G/ADP/N/1/KOR/6 
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  established, the normal value is considered to be one  of the following prices.  However, if the country, 
which does not have the market economy system, is  in the transition process to a market economy 
system, as provided in the Ordinance of the Minister of Strategy and Finance, then the price in the 
ordinary course of trade, etc., as prescribed in Pa ragraphs 1 and 2, may be considered the normal 
value: 
(1) the price of the like product consumed in the ordinary course of trade in market 
economy countries other than Korea;  and 
(2) the export price from the market economy countries other than Korea to third 
countries including Korea, or the constructed value. 
4. For the purpose of Article 51 of the Act, the te rm "dumping price" means the price actually 
paid or to be paid for a product into which an inv estigation is initiated, as prescribed in Article 60.  
However, if it is impossible to establish a dumping price on the basis of the price actually paid or to be paid because of special relationship or compen satory arrangements between the supplier and the 
importer or a third person under the provision of Artic le 23, Paragraph 1, then it can be any of the 
following prices: 
(1) the price as determined by the Ordinance of the Minister of Strategy and Finance 
based on the resale price at which the imported product is resold for the first time to a 
purchaser who has no such special relationship, or compensatory arrangement;  
(2) the price based on such reasonable criteria as determined by the Ordinance of the 
Minister of Strategy and Finance when the product is not resold to a purchaser who has no such special relationship or compensatory arrangement, or when the product is 
not resold in the condition that they were imported. 
5. A comparison between the normal value and the dumping price shall be made at the same 
time and level (normally at the ex-factory level) of trade as possible.  In this case, if any physical 
characteristics, quantity and condition of sales, diff erence in taxation, levels of trade, changes in 
exchange rates, etc., of the product concerned affe ct the price comparability, the normal value and the 
dumping price shall be adjusted as prescribed by th e Ordinance of the Minister of Strategy and 
Finance, and the period subject to investigation on  the dumping rate shall be six months or longer. 
6. If any interested party demands price adjustme nts referred to in Paragraph 5 because of a 
difference in physical characteristics or quantity a nd condition of sales, he/she shall establish the fact 
that the difference directly affects the market price or the manufacturing costs. 
Article 59 (Request for Imposition of Anti-Dumping Duty
) 
 
1. Any interested party to the domestic industry su ffering material injury, etc. as prescribed in 
Article 51 of the Act (hereinafter referred to as "mater ial injury, etc.), or the Minister of the competent 
Ministry in charge of such an industry, may request to the Minister of Strategy and Finance to impose an anti-dumping duty, in accordance with the Ordinan ce of the Minister of Strategy and Finance.  
Such a request is substituted by the request for an investigation to the Trade Commission (hereinafter 
referred to as "the Trade Commission") which is prescribed in Article 27 of the Act on the Investigation of Unfair International Trade Practi ces and Remedy against Injury to Industry required 
for imposing such an anti-dumping duty. 
2. In applying the provisions of Article 51 of the Act, a domestic industry means the total 
domestic production business producing th e like product of the product imported at a price lower than 
its normal value (a production business managed by a producer who has such special relationship with  G/ADP/N/1/KOR/6 
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  suppliers or importers of the product as prescrib ed in Article 23, Para graph 1 and a production 
business managed by such a producer who is an  importer of the imported product concerned as 
prescribed by the Ordinance of the Minister of Stra tegy and Finance may be excluded;  hereinafter the 
same shall be applied in this Paragraph) or the domestic production business which accounts for a 
considerable portion of the total dom estic production of the like product. 
3. For the purpose of Paragraph 1, the term "an in terested party to the domestic industry" means 
a domestic producer belonging to the domestic industry th at is affected by material injury, etc., and an 
association, an organisation or an individual of which the domestic producers are members or which represents the interest of such a domestic producer and who is the person prescribed by the Ordinance 
of the Minister of Strategy and Finance. 
4. Any person who wishes to request an investiga tion under the provision of Paragraph 1 shall 
submit to the Trade Commission the following docum ents. In this case, the Trade Commission shall 
notify the Minister of Strategy and Finance, the heads of related administrative agencies and the 
government of the supplying country of the product  concerned that it has received the request for 
investigation: 
(1) a written request including the following matters in triplicate:  
(a) names of items, dimensions, characteristics, uses, names of producers, and 
production quantity of the product concerned; 
(b) supplying country and suppliers, actual export record, possibility of 
exportation, and importers, actual import record, possibility of importation in 
Korea of the product concerned; 
(c) the ex-factory price and the market price of the product concerned in the 
supplying country, and the export price to Korea and third countries; 
(d) names of items, dimensions, characteristics, uses, names of producers, 
production quantity, ex-factory and market prices, and the cost calculation for the like product in Korea; 
(e) matters pertaining to the material injury , etc., of the domestic industry caused 
by the importation of the product concerned; 
(f) the degree of support for the application of investigation expressed by the 
domestic producers of the like product; 
(g) If it is required to treat matters stated in and material appended to the written 
request confidentially, the reason therefor;  and 
(h) other matters as deemed necessary by the Minister of Strategy and Finance. 
(2) sufficient documentary evidence attesting to  the fact that the dumped product has 
been imported and that the material injury etc., has been caused by the import of such 
a product in triplicate. 
Article 60 (Initiation of the Investigation on Dumping and Material Injury, etc.
) 
 
1. The Trade Commission shall, upon receiving the requ est for an investigation as prescribed in 
Article 59, Paragraph 1, determin e whether or not it will initiate an investigation on dumping and G/ADP/N/1/KOR/6 
Page 6  
 
  material injury, etc., and notify the Minister of St rategy and Finance within two months of receiving 
such a request of the result of the determ ination thereof and the following matters: 
(1) products subject to an investigation (in case s where many products are subject to the 
investigation, products selected accordi ng to the Ordinance of the Minister of 
Strategy and Finance); 
(2) period subject to the investigation;  and 
(3) suppliers subject to the investigation (in case s where many suppliers are subject to the 
investigation, suppliers selected according to the Ordinance of the Minister of Strategy and Finance) 
2. In determining whether or not to initiate an investigation in accordance with Paragraph 1, the 
Trade Commission shall reject such a request if the request for the investigation falls under any of the 
following sub-paragraphs: 
(1) In case that a person who has filed the wr itten request is ineligible for imposition 
request under the provision of Article 59, Paragraph 1; 
(2) In case that sufficient documentary evidence on dumping and material injury, etc., is 
not submitted; 
(3) In case that the dumping margin or the import quantity of the dumped product is 
below the standard set by the Ordinance of th e Minister of Strategy and Finance, or in 
case that material injury etc., is  deemed to be insignificant; 
(4) In case that the total production by domest ic producers who have expressed consent 
to the application for the investigation does not satisfy the standard set by the 
Ordinance of the Minister of Strategy and Finance;  and 
(5) In case that it becomes unnecess ary to initiate the investigation, e.g., a measure has 
been taken prior to the initiation of the i nvestigation to eliminate any adverse effect 
on the domestic industry. 
3. When the Trade Commission has determined the initiation of an investigation according to 
the provision of Paragraph 1, it shall notify the pers on requesting the investigation, the government of 
the supplying country and the suppliers of such a pr oduct and other interested parties of the matters 
concerning the determination on the initiation of the investigation and shall publish them in the 
official gazette, within 10 days after the determination. 
Article 61 (Investigation on Dumping and Material Injury, etc.
) 
 1. The Trade Commission takes charge of an investigation on dumping and material injury, etc., 
under the provision of Article 52 of the Act.  In this case, the Trade Commission may, if it is deemed necessary, have public officials of related administra tive agencies or concerned experts participate in 
the investigation. 
2. The Trade Commission shall complete a preliminary investigation on whether or not there is 
sufficient evidence to presume the existence of dumping and material injury, etc., and shall submit the 
results of the investigation to the Minister of St rategy and Finance within three months after the 
matters concerning the dete rmination on the initiation of the investig ation are published in the official 
gazette under the provision of Article 60, Paragraph 3.  G/ADP/N/1/KOR/6 
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  3. The Minister of Strategy and Finance shall decide  whether or not it is required to take such 
measures as prescribed in Article 53, Paragraph 1 of  the Act and decide on the matters concerning the 
contents thereof within one month of the submission  of the results of a preliminary investigation in 
accordance with the provision of Paragraph 2.  Howeve r, if it is deemed necessary, the period for such 
a decision may be extended for a maximum of 20 days. 
4. In case that the dumping margin or the import quantity of a dumped product is below the 
standard set by the Ordinance of the Minister of Strategy and Finance or material injury, etc., is 
deemed insignificant after a preliminary inves tigation prescribed in Paragraph 2, the Trade 
Commission shall terminate the final investigati on under the provision of Paragraph 5. In this 
occasion, the Minister of Strategy and Finance sha ll publish the termination of the final investigation 
in the official gazette.  
5. Unless there exist any special reasons prescribed by  the Ordinance of the Minister of Strategy 
and Finance, the Trade Commission shall initiate a final investigation on the day after it submits the 
results of the preliminary investigation prescribed in Paragraph 2 and shall submit the results of the 
final investigation to the Minister of Strategy a nd Finance within three months of the day on which 
the final investigation is initiated. 
6. If it is necessary to extend the investigation peri od in connection with the investigations based 
on the provision of Paragraphs 2 and 5, or if an  interested party requests an extension of the 
investigation period with justifiable reasons, then the Trade Commission may extend it for a 
maximum of two months. 
7. Within one month and 20 days of the submission of  the results of the final investigation, as 
prescribed in Paragraph 5, the Minister of Strate gy and Finance shall determine whether or not the 
anti-dumping duty is to be imposed, and the particul ars thereof, and take measures to impose the anti-
dumping duty under the provision of Article 51 of the Act.  
8. The Minister of Strategy and Finance shall take measures to impose the anti-dumping duty, 
according to the provision of Paragraph 7, within a y ear of the publication date of the official gazette 
prescribed in Article 60, Paragraph 3.  However, if it is determined  that a special reason exists, such a 
measure may be taken within 18 months of th e publication date of the official gazette, 
notwithstanding the provisions of Articles 60, Paragra ph 1, and Article 61, Paragraph 2, and 5 to 7. 
9. The Trade Commission, if it is deemed necessary, may suggest that the Minister of Strategy 
and Finance do the followings, in a case where the resu lts of the investigation is submitted based on 
the provisions of Paragraphs 2 and 5:  
(1) to impose the anti-dumping duty prescribed in Article 51 of the Act 
(2) to take preliminary measures prescribed in Article 53, Paragraph 1 of the Act 
(3) to propose the undertakings prescribed in  Article 54, Paragraph 1 of the Act 
10. The additional procedures required for investigati ons which are not stipulated in this Decree 
will be notified by the Trade Commission after consulta tion with the Minster of Strategy and Finance.  
Article 62 (Withdrawal of the Application for Imposition of Anti-Dumping Duty ) 
 
1. If an applicant for an investigation under the provision of Article 59, Paragraph 1 wishes to 
withdraw the application, he/she shall submit the intention in writing to the Trade Commission.  In 
this case, if the Trade Commission receives such a withdrawal before it submits the results of the G/ADP/N/1/KOR/6 
Page 8  
 
  preliminary investigation prescribed in Article 61, Paragraph 2, it may cease contemplating to 
determine whether or not to initiate an investigati on based on the provision of Article 60, Paragraph 1 
or terminate the preliminary investigation prescribed  in Article 61, Paragra ph 2 after consulting with 
the Minister of Strategy and Finance and the head of the administrative agencies concerned, and if it 
receives such a withdrawal after it submits the resu lts of the preliminary investigation referred to in
 
Article 61, Paragraph 2, then it shall notify it to the Minister of Strategy and Finance. 
2. Upon receiving the notification according to the provision of Paragraph 1, the Minister of 
Strategy and Finance may have the investigations prescribed in Article 61 terminated, and withdraw 
the measures, if any provisional measures have been taken under the provision of Article 53, 
Paragraph 1 of the Act, after consulting w ith the Trade Commission and the heads of the 
administrative agencies concerned. 
3. If the Minister of Strategy and Finance wit hdraws any provisional measures based on the 
provision of the second sentence of Paragraph 2, he/she shall refund the provisional anti-dumping 
duty paid, or release any security provided  pursuant to such a provisional measure. 
Article 63 (Determination on Material Injury, etc. ) 
 
1. In cases where the Trade Commission investigates and determines material injury, etc., as 
prescribed in Article 61, the inv estigation and the determination sh all be based on the substantial 
evidence including the followings: 
(1) import quantity of the dumped product (including whether or not the importation of 
such a product has increased significantly in  absolute terms or in relative terms 
compared to the domestic production or consumption of the product); 
(2) price of the dumped product (including whether or not such a price has decreased 
significantly in comparison with the price of the domestic like product); 
(3) degree of the dumping margin (including whether or not the import price of the 
dumped product has declined significantly in comparison with the normal value 
established in the exporting country); 
(4) output, operating rate, inventories, sale quan tity, market share, prices (including the 
effect of lowering prices or of suppressing price increases), profits, productivity, return on investments, cash flow, em ployment, wage, growth, capital supply, 
investment capacity, and technology deve lopment of the domestic industry;  and 
(5) actual or potential impact of such matters as  referred to in sub-pa ragraphs (1) and (2) 
on the domestic industry. 
2. In case of an investigation and determination of material injury, etc., pursuant to the provision 
of Paragraph 1, the determination on the threat of material injury shall be made on the basis of the 
facts including the following matters in addition to the matters referred to in sub-paragraphs of 
Paragraph 1 and injury by the dumped produc t shall be clearly foreseen and imminent; 
(1) a significant rate of increase in the dumped product that indicates a likelihood of a 
substantial increase in the importation; 
(2) a substantial increase in the production capacity indicating the likelihood of 
substantial increase of the dumped expor ts to Korea (taking into account the 
availability of other export markets to absorb);  G/ADP/N/1/KOR/6 
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  (3) whether or not the price of the dumped produc t is likely to decrease or to prevent the 
increase of the price of the like product and the likelihood of an increase in the 
demand for more imports;  and 
(4) the inventory of the dumped product and of the like product. 
3. With regard to the investigation and determ ination of material injury, etc., under the 
provisions of Paragraph 1, the Trade Commissi on may assess the injury cumulatively when the 
products imported from more than two countries are simultaneously subject to the investigation and 
when: 
(1) the dumping margin and the quantity of imports satisfy the standard set by the 
Ordinance of the Minister of Strategy and Finance;  and 
(2) the dumped products compete with each other and with the domestic  like product. 
4. The Trade Commission shall investigate factors other than the dumped imports which have 
caused injury to the domestic industry and shall not consider the industrial injury, etc. caused by these 
factors as caused by the dumped imports. 
Article 64 (Request for Providing Data by Interested Parties ) 
 
1. If it is deemed necessary for the investigation or for the determination of whether or not an 
anti-dumping duty is to be imposed under the provision of Article 52 of the Act, the Minister of Strategy and Finance or the Trade Commission may request for the cooperation, such as provision of relevant data, etc., to the releva nt authorities, domestic producers, s uppliers, importers, or interested 
parties. However, when asking questions to suppliers  for an investigation on the fact of dumping, a 
period of 40 days or longer from the dispatched date  of the questions shall be given to the suppliers 
for submitting the answers, and in case that the su ppliers request to extend the period with reasons 
thereof, contemplation shall be properly made thereon.  
2. The Minister of Strategy and Finance or the Trade Commission shall not disclose materials 
provided according to the provisions of Paragra ph 1 and Article 59, Paragraph 4, for which 
confidential treatment is deemed to be proper becau se of the nature of the material, or material 
requested by the applicant of the investigation or by the interested parties to be treated in confidence 
for a justifiable reason, without the express consent of the person who has provided the material. 
3. The Minister of Strategy and Finance or th e Trade Commission may demand the person, who 
has provided confidential material pursuant to the provision of Paragraph 2, to submit a non-
confidential summary of such material.  In this case,  if the person is unable to submit such a summary, 
he/she shall submit a document stating the reason thereof. 
4. In cases where the person, who has provided material, refuses to make the material public 
although the request for a confidential treatment prescr ibed in Paragraph 2 is deemed unwarranted or 
where he/she refuses to submit the non-confidential summary based on the provision of Paragraph 3, 
without a justifiable reason, the Minister of Strategy and Finance or the Trade Commission may not 
refer to such material unless the accuracy of th e material has been sufficiently demonstrated. 
5. In conducting an investigation referred to in Ar ticle 52 of the Act and determining whether or 
not the anti-dumping duty is to be imposed, if it is difficult to conduct the investigation or to verify 
the material for the reason that an interested part y does not provide related material or refuses or 
impedes the investigation by the Trade Commission, or  for other reasons, the Minister of Strategy and G/ADP/N/1/KOR/6 
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  Finance or the Trade Commission may decide whet her or not to take any measures for anti-dumping 
on the basis of the facts available. 
6. The Minister of Strategy and Finance and the Trade Commission may not use any 
information and material acquired, and facts acknow ledged from the interested parties in connection 
with imposition proceedings of the anti-dumping duty for other purposes. 
7. In a case where an interested party makes a re quest for reading related documentary evidence 
submitted in compliance with the provision of Ar ticle 59, Paragraph 4 a nd material submitted or 
informed under the provision of Paragraphs 1 and Ar ticle 68 other than those treated confidentially, 
the Minister of Strategy and Finance and the Trade Commission shall accept such a request unless there is a particular reason for denying the request.  In this case, the request of the interested parties 
for reading the material shall be made in writing, stating the reasons thereof and a list of the material 
requested. 
8. The Minister of Strategy and Finance or the Trade Commission may give the interested 
parties an opportunity to state their opinion through a pub lic hearing, etc., or to consult with interested 
parties of opposing interests if it is deemed necessar y or there is a request of any interested party. 
Article 65 (Imposition of Anti-Dumping Duty
) 
 
1. The anti-dumping duty prescribed in Article 51 of  the Act shall be imposed by means of 
setting anti-dumping duty rates or base import prices determined for each supplier or supplying country to the extent necessary to remove material  injury. With respect to those suppliers, however, 
on whom it is difficult to conduct an investigation or to verify material for the reason that they fail to 
submit the material referred to in Ar ticle 64, or refuse to make the ma terial public without a justifiable 
reason, or for other reasons, the anti-dumping duty may be imposed by means of setting a single anti-dumping duty rate or a single base import price. 
2. With respect to suppliers not selected as the s ubject of an investigation under the provision of 
Article 60, Paragraph 1, the anti-dumping duty shall be imposed by means of setting an anti-dumping 
duty rate or a base import price calculated by a weig hted average of anti-dumping duty rates or base 
import prices applied to the suppliers selected for the investigation as prescribed by the Ordinance of 
the Minister of Strategy and Finance.  However,  with respect to those who have submitted the 
materials in accordance with the provision of Article 64 among the suppliers who exported during the 
period subject to the investigation but were not selected for the investigation, the provision of 
Paragraph 1 shall be applied. 
3. In a case where the anti-dumping duty is imposed by designating a supplying country under 
the provision of Article 51 of the Act, if a new supplier of the supplying country concerned, who exports after the period subject to the investigation pr escribed in Article 60, Paragraph 1, has a special 
relationship, prescribed in Article 23, Paragraph 1, with a supplier who is subject to the anti-dumping 
duty prescribed in Paragraph 1, an anti-dumping du ty shall be imposed on the basis of the anti-
dumping duty rate or the base import price applied to the supplier.  However, if such a new supplier 
demonstrates that he/she does not have such sp ecial relationship, the anti-dumping duty may be 
imposed by means of setting a separate anti-dumping duty rate or base import price calculated through 
an investigation. In this case, the method, procedur e, etc., of the investigation may be different from 
those applied to the persons who were already su bject to the investiga tion as prescribed by the 
Ordinance of the Minister of Strategy and Finance.  
4. Under the proviso to Paragraph 3, in a case where investigation into a new supplier is 
initiated, Customs Collector may suspend the imposition of the anti-dumping duty on the products  G/ADP/N/1/KOR/6 
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  supplied by the new supplier until the investigati on is completed on condition of receiving security 
provided by the importer of the product.  
5. Anti-dumping duty rates or base import prices determ ined by the proviso to Paragraph 3 shall 
apply from the first day of the investigation.  
6. Article 68, Paragraph 1 to 3, 5 and 6 shall a pply with respect to the undertakings on price 
revision or ceasing exports by a new supplier into whom  an investigation is initiated under the proviso 
to Paragraph 3. In this case, the first sentence of Article 68, Paragraph 1, "a  final determination in 
accordance with the results of the final investigati on prescribed in Article 61, Paragraph 5" shall be 
regarded as "the termination of the investigation in accordance w ith the proviso to Article 65, 
Paragraph 3." 
7. The base import price, prescribed in Paragraphs 1 to 3, shall be determined within the range 
calculated by adding the import-related expenses to the normal value of the supplying country, which 
is adjusted according to Article 58, Paragraph 5.  
Article 66 (Application of Provisional Measures ) 
 1. The provisional measures prescribed in Article 53,  Paragraph 1 of the Act may be applied to a 
case where it is determined that there is sufficient evidence to presume a fact of dumping and material 
injury, etc., thereby as a result of a preliminary i nvestigation conducted under the provision of Article 
61, Paragraph 2, after at least 60 days have passed since the initiation of the investigation. 
2. The application duration of the provisional me asures prescribed in Article 61, Paragraph 3 
shall not exceed four months.  However, if a s upplier of significant importance in the trade of the 
product concerned requests, such application durati on may be extended to a maximum of six months. 
3. Notwithstanding the provision of Paragraph 2, if  it is deemed necessary, the Minister of 
Strategy and Finance may prolong application duration of the provisional measures in accordance 
with international agreements. 
4. The security provided based on the provision of Article 53, Paragraph 1 of the Act falls under 
any of Sub-paragraphs (1) to (4) and (7) of Article 24, Paragraph 1 of the Act and shall be equivalent 
to the provisional anti-dumping duty in value. 
Article 67 (Liquidation of Provisional Anti-Dumping Duty Amount, etc.
) 
 
1. In a case which falls under the provision of Artic le 69, Paragraph 1 and where the amount of 
the anti-dumping duty, which was imposed on a product imported during the period, in which 
provisional measures were applied in accordance with the provision of Article 53, Paragraph 3 of the 
Act, is equal to or more than that of the provisional anti-dumping duty, the amount of the anti-dumping duty shall be the same as that of the pr ovisional anti-dumping duty and the difference shall 
not be charged, and when the anti-dumping duty is  lower than the provisional anti-dumping duty, the 
provisional anti-dumping duty paid, equal to the am ount of the difference, shall be refunded. 
2. In a case where any security was provided under the provision of Article 53, Paragraph 1 of 
the Act, and which falls under the provision of Ar ticle 69, Paragraph 1, the amount of the anti-
dumping duty to be imposed retroactively during the period, in which the provisional measures were applied, shall not exceed that of the provisional anti-dumping duty. 
3. In a case where the undertaking under the provision of Article 68, Paragraph 1 is accepted 
after the determination that a
 dumping and material injury, etc. thereby exist is made through the final G/ADP/N/1/KOR/6 
Page 12  
 
  investigation under Article 61, Paragraph 5, if the definitive dumping rate is same or higher than the 
provisional anti-dumping duty rate, the amount of the difference shall not be charged, and if the 
former is lower than the latter, the provisional anti-dumping duty, equal to the amount of the difference shall be refunded. 
Article 68 (Undertakings to Revise Price or to Cease Export, etc.
) 
 
1. If an exporter of the product, for which an i nvestigation has been initiated in order to 
determine whether or not the anti-dumping duty is to be imposed, wishes to propose the undertaking pursuant to the provision of Article 54, Paragraph 1 of  the Act or wishes to request the continuation of 
the injury investigation under the proviso of Article  54, Paragraph 2 of the Act, he/she shall submit 
such a request in writing to the Trade Commissi on before the Trade Commission makes the final 
determination in accordance with the results of th e final investigation prescribed in Article 61, 
Paragraph 5.  In this case, the Trade Commission sh all send the original documents submitted, to the 
Minister of Strategy and Finance immediately thereafter. 
2. If the undertaking proposed according to the provi sion of Paragraph 1 contains particulars to 
the effect that the price is to be  revised immediately or the export is  to discontinue within six months, 
then the Minister of Strategy and Finance may accept the undertaking.  However, if it is deemed difficult to secure the fulfilment of the undertaking as prescribed by the Ordinance of the Minister of 
Strategy and Finance, he/she does not  need to accept such an undertaking. 
3. The Minister of Strategy and Finance, if it is deemed necessary, may propose an undertaking 
based on the provision of Article 54, Paragr aph 1 of the Act, by designating exporters. 
4. The Minister of Strategy and Finance may not accept an undertaking prescribed in 
Paragraph 2 or propose an undertaking prescribed in Paragraph 3 before a dete rmination is made that 
there is sufficient evidence presuming a fact of dump ing and material injury, etc. caused thereby, as a 
result of the preliminary investigation unde r the provision of Article 61, Paragraph 2. 
5. If the exporter fails to fulfil the undertakings  accepted in accordance with the provision of 
Article 54, Paragraph 2 of the Act, the Minister  of Strategy and Finance may promptly take anti-
dumping measures, such as provisional measur es based on the best information available. 
6. If it is ascertained, through a continuous inv estigation under the proviso to Article 54, 
Paragraph 2 of the Act, that there exists no material injury, etc. or that there exists no dumping margin, the Minister of Strategy and Finance shall deem the effect of the undertaking as nullified.  
However, if the non-existence of material injury etc. or dumping margin is deemed to have been 
generated by the undertaking, he/s he may have the undertaking continued for an adequately set 
period, and if the exporter refuses to fulfil the undert aking, the Minister of Strategy and Finance may 
promptly take anti-dumping measures, such as prov isional measures based on the best information 
available. 
Article 69 (Retroactive Imposition of Anti-Dumping Duty
) 
 
1. The following products to which provisional measur es have been applied under the proviso to 
Article 55 of the Act are subject to anti-dumping duty: 
(1) A product imported during the period in which provisional measures have been 
applied, in a case where the final decision of material injury, etc. was made, or where, 
although the final decision of a threat of material injury, etc. was made, it was 
deemed that the final decision of material  injury would have been made in the 
absence of provisional measures;  G/ADP/N/1/KOR/6 
 Page 13 
 
 
  (2) A product imported not more than 90 days prior to the date of the application of 
provisional measures, in those cases where it is necessary to retroactively impose the 
anti-dumping duty to prevent a recurrence of  material injury, etc., caused by the 
massive importation of a product in a rela tively short period of time, and the product 
has been dumped and caused material injury , etc. in the past or where the importer 
was or could have been aware of the fact of a dumping and a material injury, etc. 
caused thereby; 
(3) A product imported not more than 90 days prior to the date of the application of 
provisional measures in the case where it was ad mitted that material injury, etc. was 
caused by the importation of a product to which provisional measures were applied 
because of the violation of the undertaking prescribed in Article 54, Paragraph 1 of 
the Act.  In this case, a product imported prio r to the violation of the undertaking is 
excluded;  and 
(4) Other products imported during such a period as determined by the Minister of 
Strategy and Finance under conditions pr escribed by international agreements. 
2. Any interested parties in the domestic indus try, prescribed in Article 59, may request 
imposition of the anti-dumping duty under the proviso to Article 55 of the Act by submitting evidence that the product concerned falls under any of the sub- paragraphs of Paragraph 1 within seven days of 
the receipt of the final decision according to the c onclusion of the final investigation prescribed in 
Article 61, Paragraph 5. 
Article 70 (Review on the Anti-Dumping Duty and Undertaking
) 
 1. If it is deemed necessary, or if any interested part y or the competent Minister in charge of the 
industry concerned files a request for a review al ong with documentary evidence related to a case 
which falls under the following sub- paragraphs, the Minister of Stra tegy and Finance shall determine 
whether or not the review prescribed in Article 56, Paragraph 1 of the Act is to be conducted with 
respect to the product on which the anti-dumping duty is imposed or for which an undertaking is 
carried out: 
(1) where circumstances have changed substan tially enough to modify the anti-dumping 
duty or the undertaking after enforcement of those measures; 
(2) the expiry of the duty would be likely to lead to continuation or recurrence of 
dumping and injury; 
(3) where the anti-dumping duty has been paid  in excess of the actual dumping margin. 
2. A request for a review based on the provision of  Paragraph 1 may be made after a year has 
passed since the date which the anti-dumping dut y was imposed on or the undertaking was carried 
out, and it shall be made before six months prior to the expiration of the anti-dumping duty or the 
undertaking.  In this case, the Minister of Strate gy and Finance shall determine whether or not a 
review is necessary within two months of receiving the request for the review, and he/she shall notify 
the determination on the initiation of the review to  the person requesting the review, the government 
of the supplying country and the suppliers of such a product and other interest ed parties, and he/she 
shall publish the decision in the official gazette within 10 days after the determination. 
3. In addition to the review conducted in accordan ce with the provision of Paragraph 1, the 
Minister of Strategy and Finance may conduct a revi ew on the appropriateness of the rate of the anti-
dumping duty imposed or the undertaking in force a nd to this end he/she shall conduct an annual G/ADP/N/1/KOR/6 
Page 14  
 
  examination of the dumping price in connection with the contents of the anti-dumping duty or the 
undertaking (including the contents changed as a re sult of the review) in the month under which the 
date of the enforcement thereof falls. 
4. In determining the necessity of a review prescribed in Paragraph 1 or 3, the Minister of 
Strategy and Finance may consult heads of related administrative agencies and the Trade 
Commission, and when it is determined that a review is necessary, the Trade Commission shall carry 
out an investigation thereon.  In this case, the Trade Commission may conduct an investigation 
limited just to those parts that fall unde r the reasons for conducting such a review. 
5. The Trade Commission shall finish an investigation prescribed in Paragraph 4 and submit the 
results to the Minister of Strategy and Finance within six months of the initiation of a review.  
However, if it is necessary to extend the investiga tion period or interested parties request an extension 
of the period by submitting jus tifiable reasons, the Trade Commis sion may extend the investigation 
period to a maximum of four months. 
6. In a case where the measures based on the provision of Article 56, Paragraph 1 of the Act are 
necessary, the Minister of Strategy and Finance shal l take measures within one month and 20 days of 
receiving the results of the investigation prescribed in Paragraph 5. 
7. In a case where a review is conducted for reasons stated in Sub-paragraph (2) of Paragraph 1, 
an anti-dumping measure shall remain in force dur ing the review period even though the effective 
period of the measure expires during the review. 
8. The amount of the anti-dumping duty continuo usly imposed on products during the review 
period in accordance with Paragraph 7 may be ass essed according to the example of Article 67, 
Paragraph 1 and 3, in a case where the Minister of Strategy and Finance carries out the undertakings 
of imposing new anti-dumping duties or price revi sion or ceasing exports according to Article 56, 
Paragraph 1 of the Act. 
9. If it is deemed that an undertaking has lost, or  might lose its effectiv eness as a result of a 
review under the provision of Paragraphs 1 or 3, the Minister of Strategy and Finance may demand 
that an exporter carrying out such an undertaking re vise the undertaking and if the exporter refuses to 
revise the undertaking, the Minister of Strategy  and Finance may take anti-dumping measure on the 
basis of the information available. 
10. The Minister of Strategy and Finance may orde r the Commissioner of the Customs Service to 
investigate and report the matters prescribed by the Or dinance of the Minister of Strategy and Finance 
in order to conduct a review under th e provisions of Paragraph 1 or 3. 
11. With respect to a request for providing data re quired for an investigation in accordance with 
Paragraph 4, Article 64 shall apply and in refe rence to the imposition of the anti-dumping duties 
among measures by the Minster of Strategy and Finance resulting from a review in compliance with Article 56, Paragraph 1, Article 65 shall apply. When  it comes to the undertakings of price revision or 
ceasing exports, the first sentence of Article 68, Paragr aph 1, and Paragraph 2, 3 and 6 shall apply. In 
this case, "a final determination in accordance with the results of the final investigation under the 
provision of Article 61, Paragraph 5," prescribed in the first sentence of Article 68, Paragraph 1, shall 
be regarded as "the termination of the investiga tion according to Article 70, Paragraph 5," and "the 
Trade Commission" shall be regarded as "the Minister of Strategy and Finance."  G/ADP/N/1/KOR/6 
 Page 15 
 
 
  Article 71 (Notification to the Interested Parties and Public Notice, etc.)  
 
1. In the following cases, the Minister of Strategy a nd Finance shall publish the details thereof in 
the official gazette, and notify the interested parties of the details in writing: 
(1) where he has determined to take a measur e prescribed in Article 51 and Article 53, 
Paragraph 1 of the Act or not to take such a measure; 
(2) where he suspends or terminates an i nvestigation by accepting an undertaking 
prescribed in Article 54, Paragraph 1 of the Act, or continues the investigation;   
(3) where he modifies the contents of anti-dumping measures as a result of such a review 
prescribed in Article 56, Paragraph 1 of the Act;  and 
(4) where the period of effect of anti-dumping measure is extended under the  provisions 
of Article 70, Paragraph 7. 
2. In the following cases, the Minister of Strate gy and Finance or the Trade Commission shall 
notify the interested parties of the details thereof: 
(1) where a request for an investigation is rejected under the provision of Article 60, 
Paragraph 2, or the investigation is term inated in accordance with the provision of 
Article 61, Paragraph 4;  
(2) where the preliminary determination is made according to the preliminary 
investigation prescribed in Article 61, Paragraph 2; 
(3) where the final determination is made acco rding to the final investigation prescribed 
in Article 61, Paragraph 5. 
(4) where the period of investigation is extended pursuant to the proviso to Article 61, 
Paragraph 6 and Article  70, Paragraph 5; 
(5) where the period is extended under the provision of Article 61, Paragraph 8; 
(6) where the request for imposition of the anti-dumping duty is withdrawn based on the 
provision of Article 62, thereby suspendi ng the determination to initiate or to 
terminate the investigation; 
(7) where the application period of the pr ovisional measure is extended under the 
provision of Article 66, Paragraph 2 or 3;  and 
(8) where the Minister of Strategy and Fina nce proposes undertakings according to the 
provision of Article 68, Paragraph 3. 
3. When there is a written request made by the inter ested parties with regard to the investigation 
prescribed in Article 61, in the course of the investig ation, the Minister of St rategy and Finance or the 
Trade Commission shall notify them of the details of the investigation in progress. 
 G/ADP/N/1/KOR/6 
Page 16  
 
  THE ENFORCEMENT REGULATION OF THE CUSTOMS ACT 
(Ordinance of the Minister of Strategy and Finance)   Article 10 (Comparison between the Normal Value and the Dumping Price)
 
 1. In calculating the prices in the ordinary course of  trade, as prescribed in the first sentence of 
Article 58, Paragraph 1 of the Decree, and the export  prices to third countries in the proviso to that 
Paragraph, the sale prices may not be used as a b asis if the sales of the like product fall under any of 
the following cases: 
(1) where volume of sales during the period subject to the investigation made at prices 
below the cost of production plus the se lling, general and administrative costs of 
reasonable amount (hereinafter, "costs" in th is Article) represents not less than 20 per 
cent of the transactions under consideration for the determination of the normal value, 
or the weighted average sales prices of  the products in the transactions under 
consideration for determination of the norm al value are below the weighted average 
costs in such transactions and sales below its  cost cannot provide for recovery of the 
costs within a reasonable period of time (If the prices below costs at the time of sale are above the weighted average costs for the period subject to the investigation, such 
prices shall be considered to provide for recovery of costs);   
(2) where the sales price between specially related parties as prescribed in Article 23, 
Paragraph 1 of the Decree was affected by such a relationship.  
2. The particular market situation, etc., as prescribed  in the proviso to Article 58, Paragraph 1 of 
the Decree, shall be interpreted as including the cases in which the sales in the supplying country 
amount to less than five per cent of the imports from such a supplying country, and it is improper to 
calculate the normal value on the basis of su ch sales, except in th e case where the evidence 
demonstrates that the sales in the supplying country le ss than five per cent can be  used as the basis of 
comparison for the dumping price. 
3. With regard to the calculation of the constr ucted value as prescribed in the proviso to 
Article 58, Paragraph 1 of the Decree, the amounts for selling, general and administrative costs and 
the profits shall be based on actual data pertaining to production and sales in the ordinary course of 
trade of the like product by the supplier subject to the investigation. In this case, costs shall be 
adjusted appropriately for those non-recurring items  of costs which benefit current or future 
production or for circumstances in which costs during the period of investigation are affected by start-
up operations. 
4. When the constructed value cannot be determ ined based on actual data as prescribed in 
Paragraph 3,  the value may be determin ed on the basis of the following data:  
(1) the actual amounts incurred and realised by the supplier subject to investigation in 
respect of production and sales in the domestic market of the country of origin of the 
same general category of products; 
(2) the weighted average of the actual amounts incurred and realised by other suppliers 
subject to investigation in respect of production and sales of the like product in the domestic market of the country of origin; 
(3) any other reasonable method, provided that the amount for profit so established shall 
not exceed the profit normally realised by other suppliers on sales of products of the 
same general category in the country of origin.  G/ADP/N/1/KOR/6 
 Page 17 
 
 
  5. In applying the first sentence of the text of Ar ticle 58, Paragraph 3 of the Decree, the market 
economy country, in principle, shall be the country th at is similar to the supplying country of such a 
product in terms of its level of economic development, production t echnology of the product, etc. 
6. The term "provided in the Ordinance of the Minister of Strategy and Finance", as used in the 
proviso to the text of Article 58, Paragraph 3 of  the Decree, means the ca ses in which the production 
and sales of the products are based on the market economy principles. 
7. The price based on the resale price as prescribed in Sub-paragraph (1) of Article 58, 
Paragraph 4 of the Decree shall be interpreted as referring to the price subtracted with the costs 
incurred from import to resale of products, and prof its thereby, and the price based on reasonable 
criteria, as prescribed in Sub-paragraph (2) of Article  58, Paragraph 4, shall be  interpreted as referring 
to the price calculated after considering the import price of the product concerned, the costs incurred 
for the importation or during the period from the im portation to the resale, and appropriate profits. 
8. The comparison between the normal value and the dumping price under the provision of the 
first sentence of Article 58, Paragraph 5 of the Decr ee, shall, in principle, be made by means of 
average prices which are weighted by trade volume. In  this case, weighted average prices of the entire 
individual dumping price, including the case in which the individual dumping price is higher than the 
normal value, shall be regarded as a dumping price.   
9. In a case where a comparison is made between the normal value and the dumping price in 
accordance with the first sentence of Article 58, Paragr aph 5 of the Decree, in principle, the exchange 
rate on the trading date of the product shall be u sed as the applying exchange rate. Provided that the 
trade of such a product is directly related to forw ard exchange transaction, its  agreed exchange rate 
may apply. 
10. The price adjustment due to a difference in physical characteristics prescribed in the second 
sentence of Article 58, Paragraph 5 of the Decree shall be based on the impact of such physical 
characteristics on the market price of the supplying country. Provided that materials on the market price of the supplying country are not available or are improper for the purpose of price comparison, 
the adjustment may be based on the difference in the costs of production due to a difference in the 
physical characteristics. 
11. The price adjustment due to a difference in the quantities of sale prescribed in the second 
sentence of Article 58, Paragraph 5 of the Decree sh all be confined to the cases where there exists a 
saving in the costs of production due to massive pro duction or where there exists a discount due to a 
massive sale offered to all the purchaser s in the ordinary course of trade. 
12. The price adjustment due to a difference in th e conditions of sale prescribed in the second 
sentence of Article 58, Paragraph 5 of the Decree sh all be confined to the case where such conditions 
of sale have such a direct relationship to the sale price as to give an impact thereon. 
13. The price adjustment due to changes in excha nge rates prescribed in the second sentence of 
Article 58, Paragraph 5 of the Decree shall be conf ined to the case where exch ange rates move in the 
same direction and are sustained during the period of  investigation into dumping rates. The suppliers 
subject to the investigation shall be allowed to  apply the adjusted prices for 60 days after the 
fluctuation in exchange rates.  
Article 11 (Requests for Imposition of Anti-Dumping Duty)
 
 
1. The term "like product", as referred to in Artic le 59, Paragraph 2 of the Decree means a 
product that is identical in all respects, including physical characteristics, quality, recognition by the G/ADP/N/1/KOR/6 
Page 18  
 
  users, etc., (including products altered insignifican tly in appearance), or a product, in the absence of 
such a product, that has the function, characteristics  and constituent parts that closely resemble such 
an imported product. 
2. The term "a producer who is an importer of the imported product as prescribed by the 
Ordinance of the Minister of Strategy and Finance" , as referred to in Article 59, Paragraph 2 of the 
Decree, means a producer who imports the imported product, but the term excludes: 
(1) a producer who imported six months prior to th e date of receipt of the application as 
prescribed in Article 59, Paragraph 4 of the Decree;  and 
(2) a producer whose import quantity is insignificant. 
3. In determining producers who have special rela tionship prescribed in Article 59, Paragraph 2 
of the Decree, if a producer of the like product a nd the imported product sells the product at a price 
and with conditions that are the same with, or simi lar to the price and conditions of the product sold 
by the person who does not have special relationship as prescribed in Article 23, Paragraph 1 of the 
Decree, such a producer may be excluded from being defined as a producer who has special relationship. 
4. The term "the person prescribed by the Ordinance of the Minister of Strategy and Finance", as 
referred to in Article 59, Paragraph 3 of the Decr ee, means an association, union, etc., composed of 
domestic producers. 
Article 12 (Initiation of Investigation on Dumping and Material Injury, etc.)
 
 
1. In selecting the products and suppliers subject  to investigation, as prescribed in Sub-
paragraphs (1) and (3) of Article 60, Paragra ph 1 of the Decree, the sampling method that is 
statistically valid on the basis of available material (including the method to select the number of suppliers or products in the order of the percentage of import volume) shall be used in principle. 
2. The term "the standard set by the Ordinance of  the Minister of Strategy and Finance", as 
referred to in Sub-paragraph (3) of Articles 60,  Paragraph 2 of the Decree, shall satisfy all 
requirements provided in the following sub-paragraphs: 
(1) the dumping margin:  not less than 2% of the dumping price;  and 
(2) the import volume of the dumped product:  where the total volume of imports from 
the supplying countries, which individually accounts for less than three per cent of the imported volume of the like product, ex ceeds seven per cent of such an imported 
volume. 
3. The term "the standard set by the Ordinance of  the Minister of Strategy and Finance", as 
referred to in Sub-paragraph (4) of  Article 60, Paragraph 2 of the Decree, means any of the following 
sub-paragraphs: 
(1) where the collective production of the like product produced by domestic producers 
having expressed support for the request fo r imposition under Article 59, Paragraph 1 
of the Decree is not more than 50 per cent of the total production of such products 
produced by the domestic producers having expressed either support or opposition;    G/ADP/N/1/KOR/6 
 Page 19 
 
 
  (2) where the collective production of domestic producers having expressed support for 
the request for imposition under Article 59, Pa ragraph 1 of the Decree is less than 
25 per cent of the total domestic production of the like product. 
Article 13 (Termination of Final Investigation and Calculation of Injury for Imposition of Anti-
Dumping Duty)  
 
 The term "the standard set by the Ordinance of the Minister of Strategy and Finance", as 
referred to in Article 61, Paragra ph 4 and Sub-paragraph (1) of Article  63, Paragraph 3 of the Decree, 
shall satisfy all requirements provided Sub- paragraphs of Article 12, Paragraph 2. 
Article 14 (Withdrawal of the Application for Investigation on Imposition of Anti-
Dumping Duty)  
 
1. A person who wishes to withdraw the applica tion for investigation under the provision of 
Article 62, Paragraph 1 of the Decree, shall submit an application of withdrawal stating the reasons 
thereof and the related materials to the Trade Commission. 
2. In cases where the application of withdrawal wa s made during the period of the preliminary 
or final investigation, as prescribed in Article 61, Paragraph 2 or 5 of the Decree, respectively, and 
where the alleged reasons for withdrawal are deemed improper, the Minister of Strategy and Finance or the Trade Commission may defer the determinat ion on whether or not the investigation will be 
terminated by the application of withdrawal, to th e time of conclusion of the preliminary or final 
investigation. 
Article 15 (Confidential Treatment of Mat erials Relating to Anti-Dumping Measures)
 
 
Materials subject to confidential treatment prescribed in Article 64, Paragraph 2 of the Decree 
shall be limited to the materials relating to any of  the following matters, the disclosure of which might 
cause damage to the interest of the pr oviders or the interested parties: 
(1) cost of production; 
(2) accounting materials which have not been made public; 
(3) name, address and trade volume of the trade partners; 
(4) matters concerning the provider of  confidential information;  and 
(5) other materials deemed proper to be treated confidentially. 
Article 16 (Public Hearing for Imposition of Anti-Dumping Duty)  
 
1. When the Trade Commission holds a public hearing under Article 64, Paragraph 8 of the 
Decree, it shall notify the Minister of Finance and Economy of the schedule and results thereof. 
2. When the Minister of Strategy and Finance or  the Trade Commission wants to hold a public 
hearing, the applicants and inter ested parties shall be notified i ndividually of the time and places for 
it, and public notice shall be given by way of appropr iate methods including publication in the official 
gazette, etc. at least 30 days prior to the date of the hearing. However, in cases of urgent matters and 
investigation schedule requirements, notice in 7 days prior to the date may be given. G/ADP/N/1/KOR/6 
Page 20  
 
  3. A person who wishes to participate in the public h earing shall make such an application to the 
Minister of Strategy and Finance or the Trade Commission at least 7 days prior to the date of the hearing with information attached, including eviden ce that shows the identity of the applicant or the 
interested party, summary of statements to be ma de, related evidential materi als, personal information 
on the representing speaker, etc. 
4. The applicant or the interested party may ma ke his own statement in the presence of his 
representative or have the representative speak on behalf of him. 
5. The participant in the public hearing may submit to the Minister of Strategy and Finance and 
the Trade Commission written materials supplementing his statement made in the hearing within 7 
days of the hearing. 
6. The applicant or the interested party shall use Korean when making statements in the public 
hearing. 
7. When the participating person is a foreigner, he  may bring an interpreter with him. In that 
case, the statement made by the interpreter is deemed to  be made by the foreign participant.         
Article 17 (Imposition of Anti-Dumping Duty, etc.)
 
 
1. The anti-dumping duty under the provision of Ar ticle 51 of the Act shall be imposed 
according to any of the following methods: 
(1) where the anti-dumping duty is imposed by the fixed rate method, customs value 
multiplied by the determined rate which does not exceed the dumping rate that is calculated according to the following formula;  and 
  dumping rate =     adjusted normal value - adjusted dumping price
   
                                                                                  customs value        x 100  
(2) where the anti-dumping duty is imposed by the base import price method, the base 
import price, in compliance with the provision of Article 65, Paragraph 7 of the 
Decree, minus customs value. 
2. In calculating the weighted average anti- dumping duty rate or the base import price 
prescribed in Article 65, Paragraph 2 of the Decr ee, the weight may be placed on each supplier's 
export volume, when the suppliers are large in numbe r. In this case, the supplier who falls under any 
of following sub-paragraphs sha ll be excluded from the calculation: 
(1) a supplier with no dumping margin or with the dumping margin less than 2 per cent 
of the dumping price, and 
(2) a supplier who has calculated dumping margin, etc. in use of facts available according 
to Article 64, Paragraph 5 of the Decree 
3. The Minister of Strategy and Finance shall carry out a swift investigation under Article 61 of 
the Decree against such a new supplier, according to  the proviso of Article 65, Paragraph 3 of the 
Decree, in a more accelerated manner.  In this case,  the investigation on material injury, etc., may be 
substituted by an investigation on material injury , etc., against the supplying country based on the 
provision of Article 65, Paragraph 3 of the Decree.  G/ADP/N/1/KOR/6 
 Page 21 
 
 
  Article 18 (Request for Extension of Application Period of Provisional Measures)  
 
 A person who wishes to request for extension of the application period of the provisional 
measures under the proviso to Article 66, Paragraph 2 of  the Decree shall make such a request at least 
10 days prior to the expiry date of such provisional measures. 
Article 19 (Undertakings to Revise Price or Cease Export, etc.)  
 
1. Where an exporter proposes undertakings to the Mi nister of Strategy and Finance pursuant to 
Article 68, Paragraph 1 of the Decree, such undertakings shall include the following items: 
(1) the intention that the expo rter will increase the export price to a level which may 
eliminate material injury, etc., or will ce ase export within such a period as determined 
after consultation with the Minister of Strategy and Finance. 
(2) information on the products which are cont racted or shipped prior to the acceptance 
of the undertaking; 
(3) the intention that the exporter will not take  any action to evade the compliance of the 
undertaking through a change in type, shape, name, etc., or through a sale of inferior 
products, etc.; 
(4) the intention that the exporter will not in  fact violate the undertaking by a sale 
through a third country or a third party, etc.; 
(5) the intention that the exporter will periodically  report to the Minister of Strategy and 
Finance with regard to the sales volume and price in the exporting country and export 
volume and price for the exports to Korea; 
(6) the intention that a verification of the related materials will be allowed;  and 
(7) the intention to consult again upon a demand by the Minister of Strategy and Finance 
in the event of other chan ges in the circumstances. 
2. Before accepting undertakings under the first sentence of Article 68, paragraph 2 of the 
Decree, the Minister of Strategy and Finance may as k for opinions of the Trade Commission, the head 
of the administrative agencies concer ned and the interested parties. 
3. The Minister of Strategy and Finance may re fuse to accept an undertaking pursuant to the 
proviso to Article 68, Paragraph 2 of the Decree in any of the following cases: 
(1) where a person who proposes an undertaking on behalf of a number of exporters fails 
to prove that an entire agreement am ong such exporters has been reached; 
(2) where there exists a condition which ma kes an appropriate confirmation or 
investigation on the compliance of such undertakings difficult;   
(3) where there exists reasonable grounds to re fuse to accept the undertaking, such as a 
history of violation of undertakings in the past, etc. 
4. The exporter who has received the proposal of unde rtakings from the Minister of Strategy and 
Finance as referred to in Article 68, Paragraph 3 of  the Decree shall notify whether or not such a 
proposal is accepted, within one month. G/ADP/N/1/KOR/6 
Page 22  
 
  Article 20 (Review on Anti-Dumping Duty and Undertakings, etc.)
 
 
1. Interested parties that are entitled to propo se a review on anti-dumping duty and undertakings 
under Article 70, Paragraph 1 of the Decree are as follows: 
(1) domestic producers of the like product or their organizations; 
(2) suppliers or importers of the product s ubject to anti-dumping measures or their 
organizations;  and 
(3) other persons who the Minister of Stra tegy and Finance recognizes as having an 
interest. 
2. The term "the matters prescribed by the Ordina nce of the Minister of Strategy and Finance", 
as referred to in Article 70, Paragraph 10 of the Decree, means any of the following sub-paragraphs: 
(1) records on import of products subject to  anti-dumping measures and collection of 
anti-dumping duty 
(2) compliance of undertakings by those who made such undertakings  
(3) other matters required to review anti-dumping measures 
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