Dispute Settlement DS420
17/05/2013 12:00
United States — Anti-dumping measures on corrosion-resistant carbon steel flat products from Korea
Short title: | US — Carbon Steel (Korea) |
Complainant: | Korea, Republic of |
Respondent: | United States |
Third Parties: | European Union; Japan; Mexico; China; Norway; Brazil; Thailand |
Agreements cited: (as cited in request for consultations) | Anti-dumping (Article VI of GATT 1994): Art. 9.1, 9.3, 11.3 GATT 1994: Art. VI:2(b) |
Request for Consultationsreceived: | 31 January 2011 |
Consultations
Complaint by Korea.
On 31 January 2011, Korea requested consultations with the United States concerning a number of anti-dumping measures on corrosion-resistant carbon steel flat products from Korea. More specifically, this request concerns several US laws, regulations, administrative proceedings and practices, past as well as ongoing, related to the use of “zeroing” methodology in anti-dumping determinations concerning the products at issue.
Korea considers that these measures are inconsistent with the United States' obligations under:
- Article VI:1 and VI:2 of the GATT 1994;
- several provisions of the Anti-Dumping Agreement; and
- Article XVI:4 of the WTO Agreement.
On 10 February 2011, Japan requested to join the consultations. On 14 February 2011, Mexico requested to join the consultations. On 15 September 2011, Korea requested the establishment of a panel. At the DSB meeting of 27 September 2011, Korea withdrew the request for the establishment of a panel from the agenda. On 9 February 2012, Korea requested the establishment of a panel. On 14 February 2012, Korea informed the DSB of an Agreement on Procedures between Korea and the United States.
Panel and Appellate Body proceedings
At its meeting on 22 February 2012, the DSB agreed to establish a panel. China, the European Union, Japan, Mexico and Norway reserved their third party rights. Subsequently, Brazil and Thailand reserved their third party rights. On 12 June 2012, prior to the composition of the panel, Korea requested that the panel proceedings be suspended in accordance with Article 12.12 of the DSU, until further notification.
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