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Are The Outward Processing Provisions In The South Korean Free Trade Agreements Consistent With The Law Of The World Trade Organization?, Pierce Lee Mr. Apr 2013

Are The Outward Processing Provisions In The South Korean Free Trade Agreements Consistent With The Law Of The World Trade Organization?, Pierce Lee Mr.

Pierce Lee Mr.

In recent years, the Republic of Korea (South Korea) has entered into many free trade agreements (FTAs) containing so-called outward processing provisions (OP provisions) that extend the benefit of duty-free trade to the products manufactured or processed in the Kaesong Industrial Complex (KIC). The KIC is an outward processing zone (OPZ) in the People’s Democratic Republic of Korea (North Korea) where South Korean companies are allowed to establish manufacturing plants and employ North Korean labor. Outward processing (OP) refers to temporary exportation of goods for additional processing. As “temporary” indicates, the finished goods are always imported back toSouth Koreafor domestic …


Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr. Mar 2013

Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.

Pierce Lee Mr.

Harvard Law Professor Mark Wu, in his 2012 article “Antidumping in Asia’s Emerging Giants,” makes six proposals to reform World Trade Organization (WTO) law on antidumping (AD). One of those proposals is the requirement that all complaints for dumping be accompanied by proof of the underlying unfair trade practice that enables dumping. Wu predicts that this requirement would make it more difficult to use AD abusively so that a country could no longer “punish” foreign producers engaging in price differentiation for strategic purposes. Although Wu may be right about the short-term potential effect of this reform proposal, I do not …