United States — Countervailing Measures on Certain Pipe and Tube Products (Turkey)

 

Short title:	US — Pipes and Tubes (Turkey)
Complainant:	Turkey
Respondent:	United States
Third Parties (original proceedings):	Brazil; Canada; China; European Union; Japan; Kazakhstan; Korea, Republic of; Mexico; Russian Federation; Saudi Arabia, Kingdom of; United Arab Emirates
Agreements cited: (as cited in request for consultations)	Art. 1.1(a)(1), 1.1(b), 2.1(c), 2.4, 10, 12.7, 14(d), 15.3, 19.4, 32.1  Subsidies and Countervailing Measures (SCM) Art. VI:3  GATT 1994
Agreements cited: (as cited in panel request)	Art. 1, 2, 12, 14, 15, 1.1(a)(1), 1.1(b), 14(d), 12.7, 2.1(c), 2.4, 15.3  Subsidies and Countervailing Measures (SCM) Art. VI:3  GATT 1994 Art. 10, 19.4, 32.1  Subsidies and Countervailing Measures (SCM)
Consultations requested:	8 March 2017
Panel requested:	11 May 2018
Panel established:	19 June 2017
Panel composed:	14 September 2017
Panel report circulated:	18 December 2018

 

Summary of the dispute to date

 

The summary below was up-to-date at 8 May 2019 

 

Consultations

 

Complaint by Turkey

 

On 8 March 2017, Turkey requested consultations with the United States with respect to countervailing measures imposed by the United States on certain types of pipe and tube products from Turkey.

 

Turkey claimed that the measures appear to be inconsistent with:

 

- Articles 1.1(b), 2.1(c), 2.4, 10, 12.7, 14(d), 15.3, 19.4, 32.1 of the SCM Agreement; and

 

- Article VI:3 of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 11 May 2017, Turkey requested the establishment of a panel. At its meeting on 22 May 2017, the DSB deferred the establishment of a panel.

At its meeting on 19 June 2017, the DSB established a panel. Brazil, Canada, China, the European Union, Japan, Kazakhstan, Korea, Mexico, the Russian Federation, Saudi Arabia, and the United Arab Emirates reserved their third-party rights.

 

On 4 September 2017, Turkey requested the Director-General to compose the panel. On 14 September 2017, the Director-General composed the panel.

 

On 6 March 2018, the Chair of the panel informed the DSB that the beginning of the panel's work had been delayed as a result of a lack of available lawyers in the Secretariat. The Chair also informed the DSB that it expected to issue its final report to the parties in the second half of 2018. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

 

On 18 December 2018, the panel report was circulated to Members.

 

On 25 January 2019, the United States notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 30 January 2019, Turkey notified the DSB of its decision to cross-appeal.

 

On 25 March 2019, upon expiry of the 60-day period provided for in Article 17.5 of the DSU, the Appellate Body informed the DSB that it would not be able to circulate the Appellate Body report in this appeal by the end of the 60-day period, nor within the 90-day time-frame provided for in Article 17.5 of the DSU. The Appellate Body referred to the size of the Panel record and the complex issues appealed. The Appellate Body also noted the backlog of appeals pending with the Appellate Body at present, and the fact that all appeals filed since 1 October 2018 were composed of the same three remaining Appellate Body Members. The Appellate Body indicated that, as communicated to the participants, it would not be possible to staff this appeal for some time, and expressed appreciation for the participants' understanding. The Appellate Body informed the DSB that the Appellate Body would communicate appropriately with participants as soon as it knew more precisely when the Division can schedule the hearing in this appeal.