9 ABSTRACT Technical Flaws.pdf

TECHNICAL FLAWS IN THE APPLICATION OF THE U.S. ANTIDUMPING LAW: THE EXPERIENCE OF U.S.-KOREAN TRADE Robert W. McGee Fayetteville State University https://ssrn.com/author=2139 Yeomin Yoon Seton Hall University Working Paper October 24, 2016 ABSTRACT The U.S. antidumping law suffers from a series of defects in its implementation, resulting in the unwarranted finding of illegal predatory pricing by foreign companies. In light of the existing technical flaws outlined in this Article, it is clear that the U.S. antidumping law is merely a form of protectionism, designed to serve the interests of domestic industry at the expense of consumers. This article briefly profiles the U.S. antidumping law in light of the U.S.Korean trade experience. Section 2 provides background information on the U.S. antidumping law. Section 3 discusses the current U.S.-Korean trade policy. Section 4 analyzes some of the shortcomings of the U.S. law, using the U.S. relationship with Korea as a model for understanding these problems. Section 5 discusses the threat that the existing antidumping law poses as a means of harassing foreign producers. Section 6 addresses the effects of antidumping that are often overlooked by policy makers. In light of both the protectionist nature of the statute as well as the defects in the implementation of the statute, this article concludes that a reexamination of the U.S. antidumping law is necessary, and that an outright repeal should be considered. Key Words: trade, free trade, protectionism, tariffs, quotas, antidumping, ethics, utilitarian, rights, rent seeking, predatory pricing, U.S, United States, Korea JEL Codes: D63, D72, F1, L61, L62, L66, N45, N55, N65, N75, O13, O14, O53 The full article may be downloaded at http://ssrn.com/abstract=2858550 BIO Robert W. McGee is an accounting professor and best-selling novelist who has published 58 nonfiction books and more than 700 scholarly articles. He is an attorney and CPA who has lectured or worked in more than 30 countries, and has earned 13 doctorates from universities in the United States and four European countries. The Social Science Research Network has ranked him as high as #2 in the world All-Time among accounting professors and #30 in the world All-Time among all social scientists. Various studies have ranked him #1 in the world for both business ethics and accounting ethics scholarship. He has won 19 gold medals in Taekwondo National Championship 1

tournaments (USA), 6 first places in Karate National Championship tournaments (USA), and 4 silver and 2 bronze medals in Martial Arts World Championship tournaments. He has been ranked as high as #2 in the world in taekwondo and #4 in karate. He spends most of his time in Fayetteville, North Carolina, Southeast Asia and Europe. Information about his novels can be found at http://robertwmcgee.com. Some of his scholarly papers may be found at http://ssrn.com/author=2139.

TRADE BIBLIOGRAPHY Baumanis, Leilani O. and Robert W. McGee. 2009. The Economic, Ethical and Cultural Effects of International Outsourcing, in Readings in Business Ethics. Hyderabad, India: ICFAI University Press, pp. 77-91. http://ssrn.com/abstract=1078023 Block, Walter, Robert W. McGee and Kristi Spissinger. 1999. No Policy Is Good Policy: A Radical Proposal for U.S. Industrial Policy, Glendale Law Review 17(1): 47-58. http://ssrn.com/abstract=115075 Block, Walter, Robert W. McGee and Yeomin Yoon. 2002. Rethinking the Antidumping Laws and Policies with Reference to East Asian Trading Partners of the U.S. (China, Japan and Korea). International Trade & Finance Association, held in conjunction with the Allied Social Science Association (ASSA) Annual Meeting, Atlanta, January. http://ssrn.com/abstract=2858442 Desai, Renu and Robert W. McGee. 2010. Is Outsourced Data Secure? The CPA Journal 80(1): 56-59, January. http://ssrn.com/abstract=2858460 Desai, Renu and Robert W. McGee. 2010. The Sarbanes-Oxley Act: Deterrent or Aid to Finance and Accounting Outsourcing? Currents: International Trade Law Journal, Summer, 18(2), 22-29. http://ssrn.com/abstract=1517223 McGee, Robert W. 1989. "The Trade Deficit Mentality: An Accounting and Philosophical Analysis," The Mid-Atlantic Journal of Business 25(6): 67-81. http://ssrn.com/abstract=2848069 McGee, Robert W. 1989. "The Protectionist Mentality: An Accounting and Philosophical Analysis -- Part I," The Mid-Atlantic Journal of Business 25(7): 63-83. http://ssrn.com/abstract=2848052 McGee, Robert W. 1989. The Protectionist Mentality: An Accounting and Philosophical Analysis -- Part II, The Mid-Atlantic Journal of Business 26(1): 81-104. http://ssrn.com/abstract=2848087

2

McGee, Robert W. 1990. The Trade Policy of a Free Society, Capital University Law Review 19(2): 301-41. Reprinted in Prace Z Zakresu Ekonomii Politycznej I Historii Mysli Ekonomicznej (Works on Political Economy and the History of Economic Thought), Akademia Ekonomiczna W Krakowie Zeszyty Naukowe Nr. 389 (Cracow Academy of Economics Scientific Book Number 389), Cracow, Poland: Cracow Academy of Economics, 1992, pp. 87-127. http://ssrn.com/abstract=2848054 McGee, Robert W. 1990. The Cost of Protectionism, The Asian Economic Review 32(3): 347-64. For a different paper on the same topic, see http://ssrn.com/abstract=2858509 McGee, Robert W. 1991. The Trade Policy of the Free Society, Cracow Academy of Economics, Poland, April. http://ssrn.com/abstract=2848054 McGee, Robert W. 1992. Trade Deficits and Economic Policy: A Law and Economics Analysis, Journal of Law and Commerce 11(2): 159-174. http://ssrn.com/abstract=2859145 McGee, Robert W. 1992. How Free Should Trade Be? Rector's Lectures No. 10, Cracow Academy of Economics (Poland), 25 pages. McGee, Robert W. 1992. The Trade Policy of a Free Society," in Prace Z Zakresu Ekonomii Politycznej I Historii Mysli Ekonomicznej (Works on Political Economy and the History of Economic Thought), Akademia Ekonomiczna W Krakowie Zeszyty Naukowe Nr. 389 (Cracow Academy of Economics Scientific Book Number 389), Cracow, Poland: Cracow Academy of Economics, pp. 87-127. http://ssrn.com/abstract=2848054 McGee, Robert W. 1993. The Case to Repeal the Antidumping Laws, Northwestern Journal of International Law & Business 13(3): 491-562. http://ssrn.com/abstract=2858524 McGee, Robert W. 1993. The Cost of Protectionism: Should the Law Favor Producers or Consumers? Georgia Journal of International and Comparative Law 23(3): 529-57. http://ssrn.com/abstract=2858509 McGee, Robert W. 1993. An Economic Analysis of Protectionism in the United States with Implications for International Trade in Europe, The George Washington Journal of International Law and Economics 26(3): 539-573. http://ssrn.com/abstract=2858365 McGee, Robert W. and Yuhua An. 1994. The Development and Performance of American Antidumping Laws, Customs Study Conference, University of International Business and Economics, Beijing, China, June. In Chinese. McGee, Robert W. and Yeomin Yoon. 1994. Technical Flaws in the Application of the U.S. Antidumping Laws: The Experience of U.S.-Korean Trade, University of Pennsylvania Journal of International Business Law 15(2): 259-297. http://ssrn.com/abstract=2858550 McGee, Robert W. 1994. Business in the Global Community, The Freeman 44(7): 377-379. http://ssrn.com/abstract=2858395 3

McGee, Robert W. 1994. A Trade Policy for Free Societies: The Case Against Protectionism, Quorum Books. McGee, Robert W. and Yeomin Yoon. 1994. Trade Policy for the Computer Industry: Time for a Change, Temple International and Comparative Law Journal 8(2): 219-256. http://ssrn.com/abstract=91270 McGee, Robert W. 1994. U.S. Trade Policy Toward Malaysia and Thailand: Recent Case Studies, ASEAN-US Relations Symposium, University of Central Oklahoma, November 2. http://ssrn.com/abstract=91189 McGee, Robert W. 1994. U.S. Trade Policy Toward Malaysia and Thailand: Recent Case Studies, Western Pacific Journal 4: 40-61. http://ssrn.com/abstract=91189 McGee, Robert W. 1994. The Fatal Flaw in NAFTA, GATT and All Other Trade Agreements, Northwestern Journal of International Law & Business 14(3): 549-565. http://ssrn.com/abstract=2348720 McGee, Robert W. and Walter Block. 1995. Initiating Antidumping Actions: Some Ethical Issues," Twenty-First Annual Meeting of the Eastern Economic Association, New York City, March. McGee, Robert W. and Walter Block. 1995. Must Protectionism Always Violate Rights? Twenty-First Annual Meeting of the Eastern Economic Association, New York City, March. McGee, Robert W. 1995. The Moral Case for Free Trade, Journal of World Trade 29(1): 69-76. A revised version of this article is published at http://ssrn.com/abstract=2859183 McGee, Robert W. 1995. Antidumping Laws in the Twenty-First Century, Conference Proceedings, Fifth International Conference of the International Trade and Finance Association, San Jose, Costa Rica, May. Published in Khosrow Fatemi and Susan E.W. Nichols, editors, International Business in the 21st Century, Volume I, International Trade. (Laredo, TX: International Trade and Finance Association, 1995), 37-47. McGee, Robert W. 1995. Recent Antidumping Cases Involving the People's Republic of China, Proceedings, Fifth Asian Business and Economics Conference, Economic Trends and Accounting Practice in Asia, edited by Ibrahim Badawi and Edward B. Flowers, St. John's University, New York City, November 4, pp. 125-130. McGee, Robert W. and Yeomin Yoon. 1995. Trade Protectionism of the United States Toward Japan and Korea, International Journal of Korean Studies 2: 45-74. http://ssrn.com/abstract=2859301

4

McGee, Robert W. and Yeomin Yoon. 1995. Recent Antidumping Cases Involving Korea in the United States Domestic Market," Korea's Turn to Globalization and Korea-U.S. Economic Cooperation, conference co-sponsored by the International Society for Korean Studies in the Americas and Seton Hall University, Short Hills, New Jersey, July 28-29. Published by the Division of Research, W. Paul Stillman School of Business, Seton Hall University, pp. 73-86. Book Chapter. McGee, Robert W. 1996. Application of the Antidumping Laws in Latin America: A Review of Recent Case Studies and Prospects for the Future," Sixth Business and Economics Conference, St. John's University, October 18-19. McGee, Robert W. 1996. U.S. Trade Policy Toward the People's Republic of China: Some Thoughts and Suggestions, Policy Analysis No. 4, The Dumont Institute for Public Policy Research, July. 13 pages. http://ssrn.com/abstract=39260 McGee, Robert W. 1996. Protectionism and Morality, Policy Analysis No. 5, The Dumont Institute for Public Policy Research, July. 18 pages. http://ssrn.com/abstract=79474 McGee, Robert W. 1996. Why Trade Deficits Don't Matter, Policy Analysis No. 6, The Dumont Institute for Public Policy Research, July. 18 pages. http://ssrn.com/abstract=2138 Also see http://ssrn.com/abstract=2859145 McGee, Robert W. 1996. Applying the Antidumping Laws to the PRC: An Examination of Recent Case Studies," 1996 Silver Anniversary Meeting of the Association for Asian Studies, Mid-Atlantic Region, held at Seton Hall University, South Orange, New Jersey, October 25-27. McGee, Robert W. 1996. Should the Law Favor Consumers or Producers? A Look at the Effects of Protectionist Trade Policies, Policy Analysis No. 7, The Dumont Institute for Public Policy Research, July. 36 pages. http://ssrn.com/abstract=98348 McGee, Robert W. 1996. The Philosophy of Trade Protectionism, Its Costs and Its Implications, Policy Analysis No. 10, The Dumont Institute for Public Policy Research, July. 43 pages. http://ssrn.com/abstract=91369 McGee, Robert W. 1996. Antidumping Laws: A Bright Future for a Bad Idea, Policy Analysis No. 12, The Dumont Institute for Public Policy Research, July. 13 pages. http://ssrn.com/abstract=73991 McGee, Robert W. 1996. Antidumping Laws as Protectionist Trade Barriers: The Case for Repeal, Policy Analysis No. 14, The Dumont Institute for Public Policy Research, July. 88 pages. http://ssrn.com/abstract=91268 McGee, Robert W. and Yeomin Yoon. 1996. Trade Policy in the Computer Industry: Suggestions for Change, Policy Analysis No. 15, The Dumont Institute for Public Policy Research, July. http://ssrn.com/abstract=91270 5

McGee, Robert W. and Yeomin Yoon. 1996. A Discussion of Protectionist Trade Policies in the USA, Japan and Korea, Policy Analysis No. 16, The Dumont Institute for Public Policy Research, July. http://ssrn.com/abstract=91308 McGee, Robert W. and Yeomin Yoon. 1996. Some Recent U.S. Antidumping Cases Against Korea, Policy Analysis No. 17, The Dumont Institute for Public Policy Research, July. http://ssrn.com/abstract=91288 McGee, Robert W. and Yeomin Yoon. 1996. Do We Need Protectionism From Imports? A Reply to Alan Tonelson, Policy Analysis No. 18, The Dumont Institute for Public Policy Research, July. http://ssrn.com/abstract=91228 McGee, Robert W. 1996. Some Recent Studies on the Application of the U.S. Antidumping Laws Toward Malaysia and Thailand, Policy Analysis No. 23, The Dumont Institute for Public Policy Research, July. http://ssrn.com/abstract=91189 McGee, Robert W. 1996. The Forgotten Issue in Trade Talks, Competitiveness Review 6(1): 3032. McGee, Robert W. 1996. Some Thoughts on Antidumping Laws: Utilitarianism, Human Rights and the Case for Repeal, European Business Review 96(5): 27-33. McGee, Robert W. 1996. Application of the Antidumping Laws to the People's Republic of China: Nine Recent Case Studies, Policy Analysis No. 26, The Dumont Institute for Public Policy Research, October. McGee, Robert W. and Yeomin Yoon. 1997. Recent Antidumping Cases Initiated by the United States against the People's Republic of China," Twenty-Sixth Annual Meeting of the Association for Asian Studies, Mid-Atlantic Region, West Chester University, West Chester, Pennsylvania, October. McGee, Robert W. and Yeomin Yoon. 1997. Korea and the World Trade Organization: Problems and Prospects," Proceedings of the Fifth International Conference on Korean Studies, Vol. 3, pp. 59-69, International Society for Korean Studies, Osaka, Japan, August. McGee, Robert W. 1997. Application of the Antidumping Laws against Latin American Countries: Six Case Studies and Prospects for the Future," 14th Conference of the Business Association of Latin American Studies, Rio de Janeiro, Brazil, April. Published in David Gertner, Paulo F. Bocater and Ricardo P.C. Leal, editors, Regionalism and Globalization in Latin America: A Contradiction? Proceedings of the Business Association of Latin American Studies 14th Conference, Rio de Janeiro (Rio de Janeiro: Business Association of Latin American Studies and Instituto de Administração e Gerência Pontifícia Universidade Católica do Rio de Janeiro, 1997), Volume I, 302-310. Book Chapter. 6

McGee, Robert W. 1997. Some Ethical Issues for Accountants in Antidumping Trade Cases: An Examination of Recent Case Studies with Emphasis on Latin America, 14th Conference of the Business Association of Latin American Studies, Rio de Janeiro, Brazil, April. Abstract published in David Gertner, Paulo F. Bocater and Ricardo P.C. Leal, editors, Regionalism and Globalization in Latin America: A Contradiction? Proceedings of the Business Association of Latin American Studies 14th Conference, Rio de Janeiro (Rio de Janeiro: Business Association of Latin American Studies and Instituto de Administração e Gerência Pontifícia Universidade Católica do Rio de Janeiro, 1997), Volume II, 838. Abstract published in Financial Accounting Abstracts WPS, Vol. 1, No. 2, February 10, 1997. Abstract published in International Trade Abstracts WPS, Vol. 2, No. 14, May 23, 1997. http://ssrn.com/abstract=15069 McGee, Robert W. 1997. The Violation of Generally Accepted Accounting Principles in the Area of Trade Regulation: An Examination of Some Recent Asian Antidumping Cases Brought by the United States Commerce Department, Fourth Annual Global Finance Conference, Montreal, Canada, May, 1997. Abstract published in Global Finance Conference Yearbook, pp. 27-28. McGee, Robert W. 1997. Accounting for Exchange Rate Fluctuations in Antidumping Trade Cases: Ethics, the Absence of Generally Accepted Accounting Principles and Some Suggestions for Change, Conference Proceedings, International Business in the New Millennium, Seventh International Conference of the International Trade and Finance Association, Porto, Portugal, May, 1997. Published in Khosrow Fatemi, editor, International Business in the New Millennium, Volume III: International Capital Markets and Economic Integration (Laredo, TX: Texas A&M International University, 1997), 619-628. Book chapter. McGee, Robert W. 1997. Some Ethical Issues for Accountants in Computing the Cost of Production in Antidumping Trade Cases: An Examination of Recent Case Studies with Emphasis on the People's Republic of China, Conference Proceedings, International Business in the New Millennium, Seventh International Conference of the International Trade and Finance Association, Porto, Portugal, May. Abstract published in Khosrow Fatemi, editor, International Business in the New Millennium, Volume III: International Capital Markets and Economic Integration (Laredo, TX: Texas A&M International University, 1997), 948. McGee, Robert W. and Walter Block. 1997. Must Protectionism Always Violate Rights? International Journal of Social Economics 24(4): 393-407. McGee, Robert W. and Murray Sabrin. 1997. The Place of Trade Protectionism in a Free Society, International Convention of the Association of Private Enterprise Education, Washington, DC, April. McGee, Robert W. 1997. The People's Republic of China as the Number One Target of Antidumping Actions: What To Expect Under the World Trade Organization Rules, 7

International Business with China: Opportunities and Challenges, a conference sponsored by the University of International Business and Economics and Montclair State University, Beijing, China, June. Abstract published in International Business with China: Opportunities and Challenges, Conference Program, pp. 24-25. Full article published in China Conference Proceedings, pp. 279-283. Book Chapter. McGee, Robert W. 1997. The USA's Assault on Trade With the People's Republic of China: Antidumping Laws as Weapons of Protectionism, in Trade and Investment in Asia, edited by Edward B. Flowers, Thomas P. Chen and Ibrahim Badawi (New York: Center for Global Education, St. John's University, 1997), 187-198. Book Chapter. http://ssrn.com/abstract=1081965 McGee, Robert W. and Walter Block. 1997. Ethical Aspects of Initiating Antidumping Actions, International Journal of Social Economics 24(6): 599-608. McGee, Robert W. 1997. Accounting for Exchange Rate Fluctuations in Antidumping Trade Cases: Some Ethical Issues, Commentaries on the Law of Accounting & Finance 1: 101110. McGee, Robert W. and Yeomin Yoon. 1997. Do We Need Protection from Imports? A Reply to Alan Tonelson, Commentaries on Law & Economics 1: 21-27. http://ssrn.com/abstract=91228 McGee, Robert W. 1997. Some Ethical Questions for Attorneys Who Initiate Antidumping Actions, Commentaries on Law & Public Policy 1: 170-177. http://ssrn.com/abstract=2859283. McGee, Robert W. 1997. The Ethics of Tax Evasion and Trade Protectionism from an Islamic Perspective,” Commentaries on Law & Public Policy 1: 250-262. http://ssrn.com/abstract=461397 McGee, Robert W. and Welber Barral. 1998. Aplicação De Medidas Antidumping Pelos Estados Unidos,” [Application of Antidumping Measures by the United States], Revista do Instituto de Pesquisas e Estudos, Divisão Jurídica, No. 20, Instituição Toledo de Ensino Bauru (Brasil), Dezembro a Março de 1998, 267-274. McGee, Robert W. 1998. Trade Embargoes, Sanctions and Blockades: Some Overlooked Human Rights Issues, Journal of World Trade 32(4): 139-144. McGee, Robert W. 1998. Some Ethical Issues in Trade Policy, Chinmaya Management Review (India) 2(2): 71-75. A revised version may be found at http://ssrn.com/abstract=2859168 McGee, Robert W. 1998. MFN Status, Trade Embargoes, Sanctions and Blockades: An Examination of Some Overlooked Property, Contract and Other Human Rights Issues," Eighth International Conference, International Trade and Finance Association, Atlantic City, NJ, May, 1998. Published in Gulser Meric and Susan E.W. Nichols, editors, The 8

Global Economy at the Turn of the Century, Vol. I, International Trade, (Laredo, TX: International Trade & Finance Association, 1998), 3-13. Book Chapter. http://ssrn.com/abstract=87810 McGee, Robert W. 1998. Antidumping and the People's Republic of China: Five Case Studies, Eighth International Conference, International Trade and Finance Association, Atlantic City, NJ, May, 1998. Robert W. McGee and Yeomin Yoon. Published in Gulser Meric and Susan E.W. Nichols, editors, The Global Economy at the Turn of the Century, Vol. I, International Trade, (Laredo, TX: International Trade & Finance Association, 1998), 6378. Book Chapter. http://ssrn.com/abstract=87811 McGee, Robert W. 1999. Application of the Antidumping Laws in Latin America: A Review of Recent Cases and Prospects for the Future, in Edward B. Flowers, Thomas Chen and Jonchi Shyu editors, Interlocking Global Business Systems: The Restructuring of Industries, Economies and Capital Markets (Westport, CT: Greenwood Press, 1999), 275286. Book Chapter. McGee, Robert W. 1999. Antidumping Laws, the World Trade Organization and the People's Republic of China, in Nigel Campbell, series editor, Advances in Chinese Industrial Studies, Vol. 6, The Managerial Process and Impact of Foreign Investment in Greater China (Stamford, CT: JAI Press, 1999), 141-155. Book Chapter. McGee, Robert W. 1999. Minimal Ethical and Legal Absolutes in Foreign Trade, in Tibor Machan, editor, Business Ethics in the Global Market (Stanford, CA: Hoover Institution Press, 1999), 63-86.. Book Chapter. McGee, Robert W. and Yeomin Yoon. 2000. Some Thoughts on Antidumping Laws with Special Reference to Korea, presented at the Joint Korea-America Economic Association and Korea Economic Association Conference in Seoul, Korea in August 18-20. McGee, Robert W. and Yeomin Yoon. 2000. The Takings Clause and Compensation for Trade Sanctions, Journal of Applied Management and Entrepreneurship. 5(2): 161-171. http://ssrn.com/abstract=242428 McGee, Robert W. 2000. The Cost of Protectionism: Rent-Seeking by Producers at the Expense of Consumers, in Sir Hans Singer, Neelambar Hatti and Rameshwar Tandon, editors, TRIPS, The Uruguay Round and Third World Interests, Volume 15 of the New World Order Series, (New Delhi, India: B.R. Publishing Corporation, 2000). Book Chapter. For a different paper on the same topic, see http://ssrn.com/abstract=2858509 McGee, Robert W. 2000. Some Ethical Aspects of Antidumping Laws," Reason Papers 25: 5567. http://ssrn.com/abstract=242412 McGee, Robert W. and Yeomin Yoon. 2001. A Look at Economic Sanctions from a Business Perspective, International Applied Business Research Conference, Cancun, Mexico.

9

March 2001. Published in the Conference Proceedings, pp. 1-7. http://ssrn.com/abstract=2861240 McGee, Robert W. and Yeomin Yoon. 2001. Some Economic and Ethical Problems with Trade Sanctions, International Trade & Finance Association International Conference, Washington, DC, May 2001. http://ssrn.com/abstract=2861234 McGee, Robert W. and Yeomin Yoon. 2002. A Close Look at the U.S. Steel Industry: Protective Tariffs and Their Effect on the Economies of East Asia. The 10th Annual Economics Convention sponsored jointly by the Korea-America Economic Association and Korea Economic Association, Yonsei University, Seoul, Korea, August 12-13. http://ssrn.com/abstract=2858439 McGee, Robert W. 2002. The Ethics of the U.S. Antidumping Laws and Policies, International Trade & Finance Association, held in conjunction with the Allied Social Science Association (ASSA) Annual Meeting, Atlanta, January. http://ssrn.com/abstract=2861273 McGee, Robert W. 2002. Legal Ethics, Business Ethics and International Trade: Some Neglected Issues, Cardozo Journal of International and Comparative Law 19(1): 109-216. http://ssrn.com/abstract=442660 McGee, Robert W. 2002. Abolish the Antidumping Laws. Economic Affairs 22(4): 49-57. http://ssrn.com/abstract=368782 McGee, Robert W. and Yeomin Yoon. 2003. Labor Standards and Trade Agreements: Raising Standards or Raising the Walls of Protectionism? International Trade & Finance Association, held in conjunction with the Allied Social Science Association (ASSA) Annual Meeting, January, 2003, Washington, DC. McGee, Robert W. 2003. The Ethics of Using Government to Subvert Competition: The Case of the Antidumping Laws. In Jerry Biberman and Abbass F. Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume X (Saline, MI: McNaughton & Gunn, Inc., 2003), co-published by arrangement with the International Academy of Business Disciplines, pp. 303-307. http://ssrn.com/abstract=242411 McGee, Robert W. 2003. Trade Policy as Corporate Welfare: The Case of the U.S. Steel Industry. In Jerry Biberman and Abbass F. Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume X (Saline, MI: McNaughton & Gunn, Inc., 2003), co-published by arrangement with the International Academy of Business Disciplines, pp. 585-589. http://ssrn.com/abstract=410817 McGee, Robert W. 2004. The Two Faces of U.S. Trade Policy: Advocating Free Trade while Practicing Protectionism with Emphasis on Applying Antidumping Laws against Republics of the Former Soviet Union (CIS), in Erdener Kaynak and Talha D. Harcar, editors, International Management Development Research Yearbook, Hummelstown, PA:

10

International Management Development Association, 2004, pp. 410-417. http://ssrn.com/abstract=546342 McGee, Robert W. 2004. Recent Antidumping Cases involving Companies in Russia and Ukraine, in Erdener Kaynak and Talha D. Harcar, editors, International Management Development Research Yearbook, Hummelstown, PA: International Management Development Association, 2004, pp. 526-533. http://ssrn.com/abstract=572141 McGee, Robert W. 2004. Recent Antidumping Cases involving Companies in Russia and Ukraine. Published in the Proceedings of the Thirteenth Annual World Business Congress, International Management Development Association (IMDA), Maastricht, the Netherlands, July 14-18, 2004, pp. 526-533. http://ssrn.com/abstract=572141 McGee, Robert W. 2004. Outsourcing: Creative Destruction, Effective Executive 6(12): 33-37. McGee, Robert W. 2004. Trade Sanctions as a Tool of International Relations. Commentaries on Law & Public Policy 2: 229-303. http://ssrn.com/abstract=615724 McGee, Robert W. 2004. Recent Antidumping Cases involving Companies in Russia and Ukraine. Russian/CIS Energy & Mining Law Journal 5: 7-16. http://ssrn.com/abstract=572141 McGee, Robert W. 2004. Two Faces of U.S. Trade Policy: Advocating Free Trade While Practicing Protectionism with Emphasis on Applying Antidumping Laws against Republics of the Former Soviet Union (CIS). Andreas School of Business Working Paper, Barry University, Miami Shores, FL 33161 USA, May. http://ssrn.com/abstract=546342 McGee, Robert W. 2005. Ethical Issues in Outsourcing Accounting and Tax Services. Marjorie G. Adams and Abbass Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume XII, No. 1 (International Graphics: Beltsville, MD), 45-49. http://ssrn.com/abstract=648766 McGee, Robert W. 2005. Ethical Issues in Outsourcing Accounting and Tax Services. 17 th Annual Meeting, International Academy of Business Disciplines, Pittsburgh, PA. April 710, 2005. An abbreviated version was published as a book chapter in Marjorie G. Adams and Abbass Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume XII, No. 1, Beltsville, MD: International Graphics, pp. 45-49. http://ssrn.com/abstract=648766 McGee, Robert W. 2005. Outsourcing: An Ethical Analysis of an International Trade Issue. Marjorie G. Adams and Abbass Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume XII, No. 1 (International Graphics: Beltsville, MD), 335339. http://ssrn.com/abstract=648764

11

McGee, Robert W. 2005. Outsourcing: An Ethical Analysis of an International Trade Issue. 17th Annual Meeting, International Academy of Business Disciplines, Pittsburgh, PA. April 710. An abbreviated version was published as a book chapter in Marjorie G. Adams and Abbass Alkhafaji, editors, Business Research Yearbook: Global Business Perspectives, Volume XII, No. 1, Beltsville, MD: International Graphics, 2005, pp. 335-339. http://ssrn.com/abstract=648764 McGee, Robert W. and Yeomin Yoon. 2006. Should Labor Standards be a Part of Trade Talks? In Robert V. Weeks, editor, Trends in International Trade Issues, Hauppauge, NY: Nova Science Publishers, 2006, pp. 119-128. Book chapter. McGee, Robert W. 2006. Ethical Aspects of Using Government to Subvert Competition: Antidumping Laws as a Case Study of Rent Seeking Activity. Andreas School of Business Working Paper, Barry University, Miami Shores, FL 33161 USA, September, 2006. http://ssrn.com/abstract=242411 McGee, Robert W. 2006. Antidumping, Business Ethics and International Relations. Andreas School of Business Working Paper, Barry University, Miami Shores, FL 33161 USA, November, 2006. http://ssrn.com/abstract=947929 McGee, Robert W. 2007. Antidumping, Ethics and International Relations. Presented at the 2007 International Academy of Business and Public Administration Disciplines ( IABPAD) Winter Conference, Orlando, Florida, January 4-7, 2007. Published in the Proceedings of the International Academy of Business and Public Administration Disciplines 4(1): 693708 (2007). http://ssrn.com/abstract=947929 McGee, Robert W. 2008. Ethical Aspects of Using Government to Subvert Competition: Antidumping Laws as a Case Study of Rent Seeking Activity. Journal of Business Ethics 83: 759-771. http://ssrn.com/abstract=242411 McGee, Robert W. 2008. Antidumping, Business Ethics and International Relations, International Journal of Business, Accounting and Finance 2(1): 37-51 (2008). http://ssrn.com/abstract=947929 McGee, Robert W. 2008. Antidumping Laws as Weapons of Protectionism: Asian Case Studies, Manchester Journal of International Economic Law 5(1): 36-69. https://www.electronicpublications.org/stuff.php?id=221 McGee, Robert W. 2009. Essays in International Trade. Hyderabad, India: ICFAI University Press. McGee, Robert W. and Yeomin Yoon. 2009. Labor Standards and Human Rights: A Look at Some Neglected Rights Issues, in Readings in Business Ethics. Hyderabad, India: ICFAI University Press, pp. 100-112. http://ssrn.com/abstract=409040

12

McGee, Robert W. and Yeomin Yoon. 2009. A Close Look at the U.S. Steel Industry: Protective Tariffs and Their Effect on the Economies of East Asia, in Essays in International Trade. Hyderabad, India: ICFAI University Press, 2009, pp. 76-91. http://ssrn.com/abstract=2858439 McGee, Robert W. and Yeomin Yoon. 2009. Rethinking the Antidumping Laws and Policies with Reference to East Asian Trading Partners of the U.S. (China, Japan and Korea) in Essays in International Trade. Hyderabad, India: ICFAI University Press, 2009, pp. 143151. http://ssrn.com/abstract=2858442 McGee, Robert W. and Galina G. Preobragenskaya. 2009. Some Accounting and Technical Problems with Antidumping Trade Cases involving Transition Economies: A Russian Case Study, in Essays in International Trade. Hyderabad, India: ICFAI University Press, 2009, pp. 200-221. McGee, Robert W. and Yeomin Yoon. 2009. Incorporating Labor Standards into Trade Agreements: An Ethical Analysis, in Essays in International Trade. Hyderabad, India: ICFAI University Press, 2009, pp. 222-234. http://ssrn.com/abstract=410362 McGee, Robert W. and Yeomin Yoon. 2010. Antidumping Laws Should be Consigned to the History Books. Presented at the International Law Society of Rutgers University Symposium, Newark, NJ, April 2, 2010. McGee, Robert W. 2011. Economic Protectionism and the Philosophy of Frédéric Bastiat, Brooklyn Journal of Corporate, Financial & Commercial Law 5(2): 427-446. http://ssrn.com/abstract=2435943. McGee, Robert W. 2011. Ethical Aspects of Economic Sanctions: A Third Theory, International Journal of Business and Public Administration, 8(2): 125-137. http://ssrn.com/abstract=2417824 McGee, Robert W. 2011. Ethical Aspects of Economic Sanctions: A Third Theory, International Journal of Business and Economics Perspectives 6(2): 29-41. http://ssrn.com/abstract=2417824 McGee, Robert W. 2014. Some Thoughts on the Ethics of Parking Profits Offshore. Journal of Accounting, Ethics & Public Policy 15(1): 165-174. http://ssrn.com/abstract=2410020 McGee, Robert W. 2014. Should We Impose Sanctions on Russia Because of the Crimea? European Law & Politics Journal 1(2): 1-9. Reprinted at http://ssrn.com/abstract=2545725 McGee, Robert W. 2014. Trade. In Markus Vodosek and Deanne Van Hartog (eds) Wiley Encyclopedia of Management, 3rd edition, Volume 6: International Management. New York: John Wiley & Sons.

13

McGee, Robert W. 2016. Ethics in International Trade. Working Paper, October 24, 2016. http://ssrn.com/abstract=2858409 McGee, Robert W. 2016. Business in the Global Community. Working Paper, October 24, 2016. http://ssrn.com/abstract=2858395 McGee, Robert W. 2016. Trump, and the Trade Policy of a Free Society. Working Paper, October 24, 2016. http://ssrn.com/abstract=2858396 McGee, Robert W. 2016. Why the USA is Doomed to Have Trade Deficits, and Why It Doesn’t Matter. Working Paper, October 24, 2016. http://ssrn.com/abstract=2858432 McGee, Robert W. 2016. Outsourcing. Working Paper, October 24, 2016. http://ssrn.com/abstract=2858485 McGee, Robert W. 2016. Minimum Ethical and Legal Absolutes in Foreign Trade. Working Paper. http://ssrn.com/abstract=2859162 McGee, Robert W. and Yeomin Yoon. 2016. A Look at Labor Standards and Neglected Human Rights Issues. Working Paper. http://ssrn.com/abstract=2861247 McGee, Robert W. and Yeomin Yoon. 2016. Antidumping Laws Should Be Consigned to the History Books. Working Paper. http://ssrn.com/abstract=2861270 McGee, Robert W. 2016. The Ethics of the U.S. Antidumping Laws and Policies. Working Paper. http://ssrn.com/abstract=2861273 McGee, Robert W. 2016. Ethics in International Trade. Working Paper. http://ssrn.com/abstract=2861293 Yoon, Yeomin & Robert W. McGee. 1997. Applying the Antidumping Laws after the Uruguay Round: Some Recent Case Studies, The Northeast Business & Economics Association 1997 Annual Conference, Philadelphia, PA, September 26-27. Yeomin Yoon and Robert W. McGee. Extended abstract published in Northeast Business & Economics Association 1997 Annual Conference Proceedings, pp. 140-141. Yoon, Yeomin & Robert W. McGee. 1997. The Korean Chip Dumping Controversy: A Case Study of Antidumping as Rent-Seeking Behavior, Commentaries on Law & Economics 1: 128-163. http://ssrn.com/abstract=2859293 Yoon, Yeomin, Robert W. McGee and Walter Block. 1999. Antidumping and the People's Republic of China: Five Case Studies, The Asian Economic Review, 41(2): 208-217. http://ssrn.com/abstract=87811

14

Yoon, Yeomin and Robert W. McGee. 2001. What's Wrong with America's Antidumping Policy? International Trade & Finance Association International Conference, Washington, DC, May. http://ssrn.com/abstract=2861237 Yoon, Yeomin & Robert W. McGee. 2001. The Problem with the WTO's Antidumping Provision, 52nd International Atlantic Economic Society Conference, Philadelphia, October 11-14. Yoon, Yeomin and Robert W. McGee. 2002. Protective Tariffs of the U.S. on Steel Imports and Their Effect on the Economies of East Asia. Journal of Global Business 13(25): 27-38. http://ssrn.com/abstract=2858439

15