Archive for the ‘News’ Category

Yale Struggles with Dongguk Lawsuit

Saturday, February 18th, 2012
Yale Struggles with Dongguk Lawsuit

By Don Southerton, KoreaLegal.org Editor

Seems like Yale University is struggling with the Dongguk lawsuit that stemmed from the Shin Jeong-ah scandal in Korea.

I have long felt that Yale has downplayed the controversy. Perhaps this is in part Yale leadership and lawyers not truly understanding Korean academia and the credibility they place in American universities like Harvard, Princeton and Yale (HPY to Koreans).  Hate to be so bold, but I could help here…. Culture matters.

AP Notes… A federal judge in Connecticut has rejected a second bid by Yale University to throw out all the allegations in a lawsuit filed by a South Korean university that claims it lost tens of millions of dollars after Yale damaged its reputation.

Dongguk University claims in the 2008 lawsuit that it hired an art history professor after Yale wrongly confirmed the professor earned a doctorate at the New Haven school. Court papers say the professor, Shin Jeong-ah, later had a scandalous love affair with an aide to South Korea’s president.

Dongguk, a Buddhist-affiliated university in Seoul, is suing Yale for more than $50 million, saying it lost that amount in government grants, alumni donations and costs of building a law school the government later refused to approve because of the scandal.

U.S. District Judge Tucker Melancon on Friday rejected most of Yale’s motion for summary judgment. While the judge granted Yale’s request to dismiss a civil charge of reckless and wanton conduct, he let stand allegations of defamation and negligence.

A trial is set for June. Yale previously lost a bid to get the lawsuit dismissed.

“We were very pleased with the decision,’’ said Robert Weiner, a New York City lawyer for Dongguk. “We believe we have lots of damages we can establish at trial.’’

Weiner said Dongguk is the most prestigious Buddhist university in the world and it suffered a huge blow to its reputation with the Shin scandal.

Lawyers for Yale didn’t return messages Monday. University officials have said the lawsuit is without merit and they would defend against it.

Shin was sentenced to 18 months in a South Korean jail in March 2008 for using fake Yale credentials to get the professor’s job at Dongguk and for embezzling museum funds. Officials said she also faked two degrees from the University of Kansas in getting the job in 2005.

The former presidential aide, Byeon Yang-kyoon, was accused of using his influence to get Shin hired by Dongguk. He was forced to step down as an aide to then-President Roh Moo-hyun because of the scandal.

Byeon was sentenced to a suspended one-year jail term and 160 hours of community service in 2008 for exercising his influence to provide state tax benefits to a Buddhist temple founded by a former Dongguk official who helped hire Shin as a professor, South Korean officials said.

Yale told Dongguk in June 2007 that Shin didn’t receive a doctorate there, saying a letter confirming the degree that Shin presented to Dongguk was bogus and forged. Yale also told Korean media that it never received a registered letter in 2005 from Dongguk asking whether Shin had received a doctorate, even though it did receive the letter, the lawsuit said.

Yale later apologized to Dongguk in late 2007 for what it called an administrative error. But Dongguk officials said by that time the damage to its reputation had been done. South Korean media reported in the summer and fall of 2007 that Shin’s academic degrees were a fraud, that Dongguk failed to verify Shin’s degrees, that Shin had an affair with Byeon and that Byeon had recommended to Dongguk officials that they hire Shin, court records say.

Source: LINK

Yale Struggles with Dongguk Lawsuit

KORUS FTA–What’s the delay?

Saturday, February 11th, 2012
KORUS FTA  Whats the delay?

By Don Southerton, KoreaLegal.org Editor

This past week we saw the current Korean administration’s opposition seeking to “axe” KORUS FTA. In response supporters seek to get the FTA enacted ASAP. As reported in Yonhap News Agency, “We believe that the U.S.-Korea free trade agreement is in the interest of the United States, of the Republic of Korea, and of the relationship between our two countries,” A State Department official further noted. “The U.S.-Korea free trade agreement represents a historic opportunity to increase exports, support job creation, bolster both our economies, and strengthen a vital strategic alliance in the Asia-Pacific.”

So what’s the delay? Here’s my update…

On a positive note following the 2011 amended agreement for the Korea-U.S. Free Trade Agreement (KORUS FTA) and ratification both by the U.S. Congress and Korean Assembly expectations are that the treaty will be implemented in the first quarter of 2012. Advocates and many critics alike see the FTA boosting annual commerce between the two nations into the billions of Dollars.

That said, although the treaty has been signed, both the U.S and South Korean government require a final legal review, then a period of public review and discussion prior to implementation.

More specifically,

1. The original plan was for KORUS FTA to take effect on January 1, 2012.

2. However, end-of-year holiday time restraints slowed U.S. government legal review of the final KORUS FTA wording and translation. This has resulted in a January implementation delay.

3. Once this U.S. review has been finalized (probably in February), the agreement documents will be reviewed by Korea. Then, as in the terms of the agreement the KORUS FTA must take effect within 60 days of finalized documents.

4. The 60-day period also serves as a public review of the treaty by citizens from both countries.

5. According to my sources, we can expect KORUS FTA to take full effect in March or early April.

To conclude, the final review process can be time consuming. For example, even though the treaty is signed, U.S. legal review teams have asked for additional documents and clarifications regarding the FTA wording and translations. Once the Korean teams respond to the U.S. side’s questions, the documents will be then sent to Korea for their final review. The Korean team then may have questions for the U.S. team, who in turn will need to reply, and so forth.

Look for updated as the unfold.

KORUS FTA  Whats the delay?

Samsung Apple IP Battle Germany Continues

Saturday, February 4th, 2012
Samsung Apple IP Battle Germany Continues

By Don Southerton, Korealegal.org Editor

Wall Street Journal- Asia notes that the Samsung Apple IP battle in Germany continues to wage on…. Seems like both see Germany as vital in their  IP dispute.

SEOUL—Samsung Electronics Co. said Thursday that the Munich Regional Court has rejected Apple Inc.’s request to ban sales in Germany of the Korean company’s tablet computers and Nexus smartphones.

Apple filed the preliminary injunction request in November last year seeking to ban sales of the Galaxy Tab 10.1N tablet and the Galaxy Nexus smartphone, saying that the electronics maker had infringed upon patents owned by the iPhone maker.

The decision comes after the Mannheim Regional Court in Germany ruled against Samsung last week, saying Apple hadn’t violated one of the Korean company’s technical patents as part of a broader patent dispute.

Samsung said it welcomes the latest ruling.

Apple Korea spokesman Steve Park reiterated the statement Apple has been making since the legal dispute began, saying the company will protect its intellectual property.

Source: LINK

 

 

Samsung Apple IP Battle Germany Continues

An Update: Samsung Apple and Lone Star KEB

Saturday, January 28th, 2012
An Update: Samsung Apple and Lone Star KEB

By Don Southerton, KoreaLegal.org Editor

Some closure and some issues still unresolved. Two major Korea-facing legal battles long in the news surfaced this week, Lone Star KEB  and the Samsung Apple legal battle.

Lone Star and KEB

(Bloomberg) — Lone Star Funds’ sale of Korea Exchange Bank won approval from regulators, clearing the final hurdle for Hana Financial Group Inc.’s 3.9 trillion won ($3.5 billion) purchase. The Financial Services Commission ruled yesterday that Seoul-based Hana, South Korea’s fourth-largest financial group by assets, has sufficient health and funding to buy the 51 percent stake, the regulator said in a statement. The Commission’s nod allows Dallas-based Lone Star to end an eight-year investment that has been plagued by legal disputes and a public backlash over profits. Hana Chairman Kim Seung Yu has been pushing to complete the purchase of Korea Exchange Bank for more than a year to help narrow the lead of bigger rivals KB Financial Group Inc. and Woori Finance Holdings

Samsung and Apple

(Korea Times) Samsung Electronics suffered another legal setback in its patent battle with Apple, after a German court ruled against its claim that the iPhone maker infringed on its smartphone patents. 

The decision by the regional court in Mannheim Friday (KST) came a week after it shot down claims by the Korean technology giant that Apple infringed on its patents related to third-generation (3G) mobile communications standards. 

With Samsung continuing to find itself on the wrong end of court decisions in its fight, it remains to be seen whether the company will seek a truce with its U.S. rival in the form of a cross-licensing agreement or other arrangement. 

However, some industry officials believe that Samsung executives are too proud to throw in the metaphorical towel on the technology sector’s most high-profile intellectual property bout. See

An Update: Samsung Apple and Lone Star KEB

The Year of the Black Dragon– Happy Lunar New Year

Friday, January 20th, 2012
The Year of the Black Dragon   Happy Lunar New Year

By Don Southerton,  KoreaLegal.org Editor
This year Korea will celebrate their annual Lunar New Year holiday on Sunday January 22, Monday January 23, and Tuesday January 24.

The Year of the Black Dragon   Happy Lunar New Year

The Year of the Black Dragon

Regarding the holiday, I have some recommendations.

For your Korean colleagues (in Korea), you can wish them Happy Lunar New Year by phone, or email on Thursday, January 19 in the late afternoon. ( Friday in Korea).

For Koreans working in the U.S. or globally you can wish then Happy Lunar New Years on Friday January 20 (pm) or Monday January 23.

Here is the formal greeting–Sae hae bok mani ba deu say yo.

I suggest you also share with your non-Korean teams the significance of the holiday.

Here is some info to share with the team:

The 2012 Lunar New Year celebration ( Seol) is Jan. 22-24. This is the year of the Dragon (actually the Black Dragon.) This year is considered especially lucky…

Along with Chusok (the fall harvest festival), Lunar New Year is the most important of traditional Korean holidays.

In Korea, Seol includes gift-giving and family activities that show respect to elders and ancestors. Most Korean businesses are closed for the holiday with millions of Koreans traveling to join their family or take a short vacation.
Hope this is helpful, Sae hae bok mani ba deu say yo.

The Year of the Black Dragon   Happy Lunar New Year

Forbes–New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Friday, December 16th, 2011
Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

By Don Southerton, KoreaLegal.org Editor

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

New Urbanism: Smart, Sustainable Growth — Fantasy Vs. Reality

Guest Post By Don Southerton

As mentioned in a previous Forbes guest article, I live in Belmar, a new urbanism community in Colorado. With today’s global and often virtual workplace, about half my day centers on Korea. Between trips to Seoul and being highly involved in Korea-facing business I’ve long observed Korean trends toward quality of living, green and sustainability. For example, trendy Korean Starbucks asks patrons to separate their trash from hot liquids—not trashing unused coffee with the paper waste—soggy paper is hard to re-cycle.

I also support Korean manufacturers like Hyundai and Kia Motors. I see them striving to produce the next generation of green and sustainable cars: Outside the hybrids, eCars, and Fuel Cell Electric Vehicles (FCEV), the materials now used in the assembly of the vehicles are increasingly eco-friendly along with a bold program for the recycling of obsolete cars and trucks.

On a broader scale, I’ve been involved in new urban communities like South Korea’s Songdo International Business District—envisioned as a “city of the future” and intended to meet strict environmental building standards amid providing world-class amenities.

My days are also impacted by life in Belmar. The vision of Continuum Partners LLC., a Denver-based real estate development company, for Belmar was born from the belief that there is a connection between long-term, sustained property value, high-quality urban design, and the principles of smart-growth. At its core Belmar strives to offer a balance between a Live, Work, and Play lifestyle.

Between my Korea experiences with projects like Songdo IBD and those in America like Belmar, I see new urban communities—looking to link quality of living and sustainability—facing a number of challenges. Beyond huge development costs, the vision for these communities not only centers on providing a high quality of living amid green tech rooftop solar arrays and LEED-certified buildings that pass US energy-efficiency standards, but for the developers and businesses financial considerations matter, too.

With groundbreaking in October 2002 and most of the construction completed by 2008, Belmar developer Continuum CEO Mark Falcone has sought to maintain a balance between promised deliverables to the public and local governing bodies, and fiscal realities. As Falcone notes, “The key factor which allowed us to manage through all the changing dynamics of the market was the zoning and a highly responsive City [Lakewood, Colorado]. Those factors gave us the flexibility to respond to evolving market realities as they emerged without altering the essential character of the place.”
When questioned on how Belmar adapted, the Denver developer further explained: “As the economy eroded we had to shift to less ambitious development phases. We focused on heavily pre-leased developments and sacrificed density to keep things moving. We also sold land directly to users or other builders. A land sale to Target in early 2010 and KB Home in early 2011, for example.”

That said, I’m drawn to a question—Have high profile new urbanism communities like Belmar met their early vision and expectations? Several key areas deserve reviewing. They include:

Green—Plan to reality. Beyond core values of ecological sustainability, Belmar relied partially on a $200 million green bond for funding the development. (Belmar only ended up using only $8 million of the bond allocation.) Still, Belmar had an incentive to ensure its renewable energy program was implemented and green building practices were followed. Two key programs stand out in Belmar—Solar and LEEDs. According to Belmar officials, the roof top solar farm and sustainability gets the most attention—renewable energy being a popular topic.

That said, the developers are perhaps prouder of their LEED’s initiative. In 2002-2003, with construction underway for one of America’s first LEED Silver Certification buildings, Belmar gained national attention. In particular, Belmar was unique since it was a mixed-use structure. Sitting in a conference room on the second floor of the three-story LEED building, I found the heat/AC vents of interest—their floor location similar to a water drain, but pushing out warm air on a chilly Denver morning.

Over the next few years of new construction, retailer Target exceeded expectations and met Silver LEEDs standards. Along with the Whole Foods building and interior, in all, four of Belmar’s structures are LEEDs certified.

Housing—Plan to reality. Belmar apartments are currently divided into two groups. The first grouping are those more near the core of the project and spread out into about seven buildings. Currently, these units are over 95% occupied. A 300 unit building to the south of the project is approximately 97% occupied. Belmar upscale condominium units are 100% sold.

Commercial Leasing—Plan to reality. As of the end of October 2011, Belmar office space is 96.4 % occupied and 100% leased. The key tenant is The Integer Group, one of the world’s largest promotional, retail, and shopper marketing agencies, and a member of Omnicom Group Inc. Their Belmar offices alone employ over 500 people.
Retail—Plan to reality. As of the end of October 2011, Belmar retail space was 91% occupied and 92.3% leased. Key tenants include: Target, Whole Foods, Best Buy, Dick’s Sporting Goods, and Nordstrom Rack, along with a mix of national and local stores, shops, and services. In particular, the Ohio Center for Broadcasting, Denver and Paul Mitchell, the School adds to the community’s diverse appeal.

Services, Amenities and Community events—Plan to reality. Many in the Denver area find Belmar’s restaurants (PF Chang’s, Ted’s, The Rock, Baker Street) trendy, with shopping and parking convenient. The ice skating rink is a seasonal highlight. (I’m fond of the “skating with Santa” holiday promotion on Saturdays leading up to Christmas.) Furthermore, Summer Sundays also see a thriving Farmer’s Market, and a flourishing local art scene. I have also heard there is interest among locals for a community garden. Count me in on the latter.

Overall, Belmar has made good on its promises and pledges. Still, sustaining the vision over time, like building a sustainable community, will require the embrace and support of local residents, merchants, commercial tenants, and consumers. I see the local art scene and plans for the community garden as very encouraging. Moreover, it seems that visitors to Belmar appreciate the community’s new urbanism focus and in some cases envy a life style where one can live and walk to work.

Meanwhile, I’ll continue to share my impressions of Korea, Songdo, and Belmar—and wait for the day when in America I will not have to dump my excess coffee in with the recyclables or maybe take a spin around the local community in a EV.

Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business.

Belmar Solar Array Fact Sheet

The Belmar Solar Array began operating in late summer 2008

The Belmar Solar Array consists of approximately 8,370 panels and is 125,000 square feet in area.

The Belmar Solar Array is a 1.75 mega watt system generating approximately 2.3 million kilowatt hours of electrical energy per year.

The Solar Array power lights in the three structured parking garages on which the panels are mounted. (Technically, the power generated by the solar arrays is routed back to the local XCEL Energy grid, and XCEL sells power back to the Belmar project at a reduced rate.)
Source: Belmar

 

Forbes  New Urbanism: Smart, Sustainable Growth    Fantasy Vs. Reality

CNBC Coverage of KORUS FTA

Saturday, December 3rd, 2011
CNBC Coverage of KORUS FTA

By Don Southerton, KoreaLegal.org Editor

With South Korea president Lee Myung-bak signing the KORUS FTA, we see the major trade agreement taking effect in January 2012.

Long a topic of KoreaLegal.org, we were pleased to hear Sean King, Senior VP of Park Strategies, CNBC’s comments on KORUS FTA.

Loved Sean’s comments and observations on Korean cars.  GM Korea (formerly GM Daewoo) Chevy ribbon badging was a smart move….Old gray GM Daewoo showrooms are now Chevy Town…. colors bright…. etc. Might have something to do with 2 former heads of Hyundai Motor America marketing now running GM and Chevy marketing globally.

See http://video.cnbc.com/gallery/?video=3000059540

 

CNBC Coverage of KORUS FTA

Forbes–Songdo, Belmar, and New Urbanism

Thursday, November 17th, 2011
Forbes  Songdo, Belmar, and New Urbanism

By Don Southerton, KoreaLegal.org Editor

My article in Forbes…    I’ve been a long time advisor on the Korea-facing projects providing high level strategy and cross cultural support. In a follow-up article,  I plan to look at expectations and reality, plus why Green cars have a role in new urbanism.

New Urbanism: Comparing Songdo, South Korea to Belmar, USA

Forbes  Songdo, Belmar, and New Urbanism

Songdo, South Korea Master Plan
Guest Post By Don Southerton
I’m a baby boomer. I grew up in a small town of 6,000 in northeastern Pennsylvania—a county seat surrounded by dairy farms. We walked to the elementary school, the neighborhood store for a loaf of bread and maybe a soda, and weekly shopping trips downtown–3 blocks from home. Most backyards displayed gardens with long rows of vegetables, some yards cultivated grape vines, raspberry bushes, or an apple tree. Seasonally, we ate tomatoes, cucumbers and green beans in the summer, then squash, sweet corn, and apples in the fall. Fresh eggs and milk came from local producers. People canned goods for the winter, and most home menus followed the seasons. Long before sustainability, environmentalism, and new urbanism, small town America was rooted in comparable notions.
…Jump forward a few decades; I now live in Belmar, a new urbanism community on the outskirts of Denver, Colorado. New urbanism represents a design movement that promotes walkable neighborhoods where residents live, work, dine, and shop. The communities embrace energy-efficient buildings, smart growth, transit-oriented development, sustainability, and quality of living.
…For Belmar, the developers converted a former 1960s era dying mall into a mixed-use community of 23 city blocks. The community incorporates LEED’s green standards, along with solar farms on the roofs of parking structures, and outdoor street lighting that conforms to the International Dark-Sky Association and limits light pollution. Retail stores like Belmar’s Target were built to meet LEED certification, while corporations including The Integer Group, an international advertising agency, embrace the community’s sustainability and green policies.
What perhaps is most interesting is that my desire to live in Belmar was highly influenced by another high profile new urbanism project—this one on the western coast of South Korea—Songdo International Business District (IBD), a joint venture of New York-based real estate developer Gale International and the engineering and construction arm of South Korea’s steel producer Pohang Iron and Steel Company (POSCO). The urban development is a master planned mixed-use community that set out and conform to rigid international standards for design, sustainability, and, most importantly, an unparalleled quality of life.
…A model for new urbanism, the developer’s vision for Songdo IBD went beyond Green, sustainability, and quality of life with western-style amenities to attract international visitors, residents, and business firms to South Korea. This in turn would pave the way for Koreans to interact more closely with foreigners, and create good jobs for the Korean people.
In both cases the developers set out to transform and reshape communities. For Songdo IBD, the city-size project is built upon reclaimed land and mudflats. For Belmar, it was a greyfield transformation of an aged and dated mall. In both cases, we find extensive master planning, large scale construction, mixed-use development, cultural amenities, and a pedestrian and transit oriented lifestyle with less dependency on automobiles—although I’d like to see the Belmar add some clean energy LPG or electric recharging stations.
….That said, living in Belmar my task at hand is now to look deeper into how closely the developers’ goals and visions for the respective U.S and Korean communities manifests over time. I plan to share my cultural research in future writings. Meanwhile, frequent visits to South Korea and Songdo IBD, along with daily strolls through Belmar will provide first hand impressions of 21st century new urbanism—amid memories on my youth growing up in small town America.
Don Southerton is a consultant, marketing strategist, and researcher for top Korean-based corporations with global business, along with major western firms that have ventures in Korea and Asia Pacific.
Southerton frequently comments in the media on topics including the Korean car market, Green technology, and global business. His work, Chemulpo to Songdo IBD, Korea’s International Gateway was released in August 2009 at the gala opening of the Songdo IBD and the Incheon Global Fair.
Forbes  Songdo, Belmar, and New Urbanism

KORUS FTA and Twitter

Saturday, November 5th, 2011
KORUS FTA and Twitter

By Don Southerton, KoreaLegal.org Editor

Several years ago as ROK President entered the early months of his administration the opposition using social media (Text) orchestrated huge protests. Lots of this centered on American beef and Mad Cow disease.

Looks like the opposition party has resorted to similar tactics ( Twitter) to force the GNP in final KORUS FTA talks…

Korea Times notes:

Unfounded and absurd rumors about the ill effects of the Korea-U.S. free trade agreement (KORUS FTA) are spreading rapidly through social networking services (SNS).One rumor argues that the FTA will wipe out Korean rice farmers and Korea will fall victim to big grain producers, although the rice market has already been opened in accordance with the multilateral agreement made under the supervision of the World Trade Organization.

Another claims that the FTA will push mad cow disease to immediate epidemic proportions; while firearm controls will be lifted, turning Korean streets into scenes of gun battles.

There appear to be a couple of different twists to the “mad cow protests” over Seoul’s decision to resume American beef imports that peaked with candlelit protests two and a half years ago. One of them is the medium. It was then Internet blogs but now SNSs such as Twitters are taking over.

But there are common threads pushing the two rumor machines ― a high level of discontent among young people, hit by dark prospects of unemployment, and deep distrust of the incumbent government.

The rumor mills are expected to go on at full tilt during the deadlock over the ratification of the KORUS FTA in the National Assembly.

At the center of the rumor is the investor-state dispute (ISD) clause as part of the FTA, which would allow foreign investors to bring suits against the government of the co-signatory before an international panel of arbitrators.

Protestors demanded that the ISD be removed from the accord, arguing the provision would limit Seoul’s policies on American investors.

The increasing argument on the ISD is churning out wild rumors.

According to the messages on the KORUS FTA circulating on the Internet and SNS, Koreans will suffer from expensive medical bills, caused by privatization of medical services. Protests say, for example, patients will have to pay 9 million won for an appendectomy, up from currently 300,000 won, after the FTA takes effect.

In addition, they say that the FTA deal will raise public utility charges, as Bolivia faced after the FTA with the United States.

However, both rumors turned out to be false, as the medical sector is not included in the FTA, while Bolivia did not reach an agreement with the United States, according to the government.

The rumor-spreading campaign has reached political parties.

The Democratic Labor Party came up with 12 poisonous articles on the FTA, while an opposition lawmaker cited the message that 15 Mexican delegates of the North American Free Trade Agreement (NAFTA) were shot to death after the nation’s economic downfall following the FTA.

The escalating rumors come as the Lee administration has failed to regain popularity.

In the Seoul mayoral election last month, opposition-backed civic activist Park Won-soon won with 53.3 percent of the vote compared to his Grand National Party rival Na Kyung-won’s 46.3 percent.

President Lee Myung-bak is rapidly becoming a lame duck ahead of his final year in office as a series of corruption scandals involving presidential aides has erupted.

 

KORUS FTA and Twitter

Anti-dumping Duties, Samsung, LG, and Rival Whirlpool-Maytag

Friday, October 28th, 2011
Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag

By Don Southerton, KoreaLegal.org Editor

With KORUS FTA most tariffs on US and Korean goods are immediately eliminated– or going away over the next few years.

One exception are tariffs imposed on Korean companies as anti-dumping duties.

This article in BBC News centers on Samsung, LG, and appliances…. the duties will thwart efforts by Samsung and LG to gain market shares….

Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag
The article notes:
Whirlpool started the action against rivals saying they were selling at “unfairly low” prices

The United States has put preliminary anti-dumping duties on some fridge freezers from South Korea and Mexico.

The US Commerce Department said it would apply duties of up to 37% on bottom-mount refrigerators – those with freezers below the fridge – made by Samsung and LG in those countries.

The US imported $880m (£550m; 622m euros) of refrigerators from South Korea in 2010 and $2.31bn from Mexico.

The duties were prompted by a complaint by US fridge giant Whirlpool.

Whirlpool, which employs 23,000 in the US, said in a statement: “When foreign companies like Samsung and LG violate trade laws, they destroy the ability of United States producers to invest, innovate and create jobs here in America.”

‘Unfair’

The US Commerce Department criticised Samsung for its submissions to it: “We found that Samsung Korea did not act to the best of its ability by failing to submit useable data with respect to its sales of certain products subject to the investigation.”

Samsung and LG make refrigerators in both South Korea and Mexico.

In its complaint, Whirlpool accused the producers of selling the bottom-mount refrigerators in the US at unfairly low prices.

Whirlpool also accused its South Korean competitors of receiving government subsidies, but the Commerce Department has so far denied duties on that front.

Other producers, including Mabe and Electrolux, had duties of 36% and 20% imposed on their Mexican-made profits.

South Korean company Daewoo, also part of the complaint, had a zero tariff applied.

In a separate move, the Commerce Department also imposed preliminary anti-dumping duties of up to 194% on about $80m of steel wheels from China that it said were being sold at unfairly low prices.

US corporations Accuride and Hayes Lemmerz International triggered the move by filing a case in March this year.

President Barack Obama’s administration has imposed anti-dumping duties on 23 different products from China since taking office in 2009.

Anti dumping Duties, Samsung, LG, and Rival Whirlpool Maytag