WTO “일몰조항”의 해석 및 적용상의 쟁점

Interpretation and Application of “Sunset Clause” in Disputes under the WTO

  Even though the concept of periodic reviews of outstanding antidumping orders have been discussed under the GATT system since 1967, it was not until 1994, following the successful establishment the WTO Agreements, that the concept automatic and mandatory "sunset" reviews became fully integrated into the multilateral trading system and the national legislation of all member countries employing antidumping laws. These sunset reviews have also been reflected into the United States domestic law through the enactment of the Uruguay Round Agreement Act in 1994 which established a mechanism for automatic and mandatory review or termination of existing United States antidumping orders. Reviewing the United States sunset reviews from the viewpoints of the Appellate Body"s decisions, there have been the lacks of full transparency and objective determination standards at Commerce Department"s practice and to a lesser extent at the ITC practices which have decreased the legal certainty and predictability for parties attempting to participate in the reviews. The United States" serious efforts to adopt and modify the domestic regulation on the sunset reviews would be required for the harmonious and balanced operation of the WTO mechanism in relation with the WTO remedy provisions.