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| TITLE | Supreme Court Decision 2019Du48905 Decided December 1, 2022 【Revocation of Disposition Imposing Anti-Dumping Duties】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Scope of administrative dispositions subject to appeals suits and whether general and abstract Acts and subordinate statutes, etc. may be subject thereto (negative in principle) [2] In a case where: Corporation A, which was established pursuant to statutes of Japan, is exporting valves for pneumatic transmissions to the Republic of Korea after producing them in Japan; the Minister of Economy and Finance, with regard to valves for pneumatic transmissions produced in Japan that fulfill certain conditions, which are provided by Corporation A, enacted and promulgated “the Enforcement Rules on Assessment of Anti-Dumping Duties on the Japanese Valves for Pneumatic Transmissions,” regulating the anti-dumping tariff rate to be applied to the relevant goods for five years; and Corporation A filed a lawsuit seeking the revocation of the above Enforcement Rules, arguing that the above Enforcement Rules do not satisfy the requirements for the assessment of anti-dumping duties stipulated in Article 51 of the Customs Act and thus are illegal, the case holding that the above Enforcement Rules cannot be subject to appeals suits, and a lawsuit seeking the revocation of the above Enforcement Rules is inappropriate, and thus the lower judgment, which determined otherwise, erred and adversely affected the conclusion of judgment by misapprehending the legal doctrine | |
