Deals & Cases

WTO and FTA Disputes

Shin & Kim advised a Korean exporter on an Antidumping Investigation conducted by the Colombian Government

In early 2013, the Ministry of Commerce, Industry and Tourism of Colombia initiated an antidumping investigation on certain PVC Film products exported from China and Korea. The subjects of the investigation included PVC Rigid Film, PVC Flexible Film, and PVC Shrink Film.  Shin & Kim advised a Korean exporter of PVC Shrink Film, in response to the Colombian authority’s antidumping investigation.
Because PVC Shrink Film shared the same HS Code with PVC Rigid Film, a PVC Film product which was almost certainly going to be found as ‘being dumped,’ the chances of getting a favorable outcome was slim.  However, by presenting an elaborated argument on the constitution of dumping, Shin & Kim successfully substantiated that PVC Shrink Film and PVC Rigid Film are not ‘like products.’
After reviewing all the arguments submitted by the exporters, importers, and domestic manufacturers (i.e., petitioners) of PVC Film products, the Ministry of Commerce, Industry and Tourism of Colombia rendered its final antidumping determination in November 2013.  The final determination found dumping from most of the PVC Film products exported from China and Korea, and resultantly imposed heavy antidumping duties on those PVC Film products.  However, the Colombian authority has excluded PVC Shrink Film, the only PVC Film product exported to Colombia by the Korean exporter represented by Shin & Kim, from the subject of the antidumping duty.

This case was an example of the antidumping investigations prevalently being conducted around the globe on the exports from Korea amid increasing sentiment of trade protectionalism among the states.  By successfully excluding PVC Shrink Film from the subject of antidumping duty, Shin & Kim helped preserving price competitiveness of the PVC Shrink Film exports from Korea in the Colombian market.

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