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Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (DS 336 and Corr.1, adopted 17 December 2007)

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  • CROWLEY, MEREDITH A.
  • PALMETER, DAVID

Abstract

This article analyzes the decision of the WTO's Appellate Body in the dispute between Japan and Korea over Japan's imposition of countervailing duties on DRAMs imported from Korea. The legal analysis comments on the analysis of evidence, the lack of remand authority in the WTO system, and the meaning of a ‘direct transfer of funds’. The economic analysis discusses several issues related to determining the magnitude of the benefit to a firm of a financial bailout and the appropriate duration of a countervailing duty to offset the injury caused by a non-recurrent subsidy. We offer legal and economic criticisms of the Appellate Body's conclusion regarding the relationship between subsidies and injury to the domestic import-competing industry. We conclude that the Appellate Body's decision weakens the requirement of a causal link between subsidies and injury and, consequently, may open the door to protectionist abuse of the Subsidies and Countervailing Measures Agreement.

Suggested Citation

  • Crowley, Meredith A. & Palmeter, David, 2009. "Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (DS 336 and Corr.1, adopted 17 December 2007)," World Trade Review, Cambridge University Press, vol. 8(1), pages 259-272, January.
    • Handle: RePEc:cup:wotrrv:v:8:y:2009:i:01:p:259-272_00
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    Cited by:

    1. Jennifer A. Hillman & Kara M. Reynolds, 2020. "Article 21.5 DSU Appellate Body Report United States—Measures Affecting Trade in Large Civil Aircraft (Second Complaint): Spillovers from Defense R&D Add to the Tug-of-War Between Panels and the WTO A," RSCAS Working Papers 2020/89, European University Institute.
    2. Beshkar, Mostafa & Chilton, Adam S., 2016. "Revisiting Procedure and Precedent in the WTO: An Analysis of US – Countervailing and Anti-Dumping Measures (China)," World Trade Review, Cambridge University Press, vol. 15(2), pages 375-395, April.
    3. Crowley, Meredith A. & Hillman, Jennifer A., 2018. "Slamming the Door on Trade Policy Discretion? The WTO Appellate Body’s Ruling on Market Distortions and Production Costs in EU–Biodiesel (Argentina)," World Trade Review, Cambridge University Press, vol. 17(2), pages 195-213, April.
    4. Bown,Chad P. & Crowley,Meredith A & Bown,Chad P. & Crowley,Meredith A, 2016. "The empirical landscape of trade policy," Policy Research Working Paper Series 7620, The World Bank.
    5. Gnutzmann-Mkrtchyan, Arevik & Van Damme, Isabelle, 2020. "Expired measures, excess duty drawbacks and causation: The Appellate Body report in EU - PET (Pakistan)," Hannover Economic Papers (HEP) dp-665, Leibniz Universität Hannover, Wirtschaftswissenschaftliche Fakultät.
    6. Arevik Gnutzmann-Mkrtchyan & Isabelle Van Damme, 2019. "Expired measures, excess duty drawbacks and causation: The Appellate Body report in EU – PET (Pakistan)," RSCAS Working Papers 2019/81, European University Institute.
    7. Grossman, Gene M. & Horn, Henrik, 2012. "Why the WTO? An Introduction to the Economics of Trade Agreements," Working Paper Series 916, Research Institute of Industrial Economics.
    8. Crowley, Meredith A. & Ortino, Federico, 2021. "Establishing a New Role for Antidumping Policy: Protection of an Unestablished Industry (Morocco–Hot-Rolled Steel (Turkey))," World Trade Review, Cambridge University Press, vol. 20(4), pages 533-545, October.

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