United States — Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available

 

Short title:	US — Anti-Dumping and Countervailing Duties (Korea)
Complainant:	Korea, Republic of
Respondent:	United States
Third Parties (original proceedings):	Brazil; Canada; China; Egypt; European Union; India; Japan; Kazakhstan; Mexico; Norway; Russian Federation
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 6.2, 6.6, 6.7, 6.8, 6.9, 6.10, 9.2, 9.3, 9.4, 9.5, 11.1, 11.3, 11.4, 18.1, 18.4, Annex I, Annex II  Anti-dumping Art. 1, 10, 11.2, 11.3, 11.6, 11.9, 12.1, 12.2, 12.5, 12.6, 12.8, 12.7, 14, 15.1, 15.2, 15.4, 15.5, 19.1, 19.3, 19.4, 21.1, 21.3, 21.4, 32.1, 32.5, Annex VI  Subsidies and Countervailing Measures (SCM) Art. VI:1, VI:2, VI:3  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization
Agreements cited: (as cited in panel request)	Art. 6.8, Annex II  Anti-dumping Art. 12.7  Subsidies and Countervailing Measures (SCM) Art. 6.1  Anti-dumping Art. 12.1  Subsidies and Countervailing Measures (SCM) Art. 6.2  Anti-dumping Art. 12.2  Subsidies and Countervailing Measures (SCM) Art. 6.6  Anti-dumping Art. 12.5  Subsidies and Countervailing Measures (SCM) Art. 6.7, Annex I  Anti-dumping Art. 12.6, Annex VI  Subsidies and Countervailing Measures (SCM) Art. 6.9  Anti-dumping Art. 12.8, 11.2, 11.3, 11.6  Subsidies and Countervailing Measures (SCM) Art. 11.4  Anti-dumping Art. 21.4  Subsidies and Countervailing Measures (SCM) Art. 1, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 9.2, 9.3, 9.4, 9.5, 11.1, 11.3, 11.4, 18.1  Anti-dumping Art. 1, 10, 11.9, 14, 15.1, 15.2, 15.4, 15.5, 19.1, 19.3, 19.4, 21.1, 21.3, 32.1  Subsidies and Countervailing Measures (SCM) Art. VI:1, VI:2, VI:3  GATT 1994 Art. 3  Anti-dumping Art. 15  Subsidies and Countervailing Measures (SCM) Art. 9.1  Anti-dumping Art. 19.2  Subsidies and Countervailing Measures (SCM) Art. 18.4  Anti-dumping Art. 32.5  Subsidies and Countervailing Measures (SCM) Art. XVI:4  Agreement Establishing the World Trade Organization
Consultations requested:	14 February 2018
Panel requested:	16 April 2018
Panel established:	28 May 2018
Panel composed:	5 December 2018
Panel report circulated:	21 January 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 26 April 2021 

 

Consultations

 

Complaint by the Republic of Korea

 

On 14 February 2018, Korea requested consultations with the United States concerning certain anti-dumping and countervailing duty measures imposed on products from Korea, and certain laws, regulations and other measures maintained by the United States with respect to the use of facts available in anti-dumping and countervailing duty proceedings.

 

Korea claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 6.1, 6.2, 6.6, 6.7, 6.8, 6.9, 6.10, 9.2, 9.3, 9.4, 9.5, 11.1, 11.3, 11.4, 18.1, 18.4 and Annexes I and II of the Anti-Dumping Agreement;

 

- Article 1, 10, 11.2, 11.3, 11.6, 11.9, 12.1, 12.2, 12.5, 12.6, 12.7, 12.8, 14, 15.1, 15.2, 15.4, 15.5, 19.1, 19.3, 19.4, 21.1, 21.3, 21.4, 32.1, 32.5 and Annex VI of the SCM Agreement;

 

- Articles VI:1, VI:2 and VI:3 of the GATT 1994; and

 

- Article XVI:4 of the Marrakesh Agreement.

 

On 1 March 2018, Kazakhstan requested to join the consultations. On 2 March 2018, the European Union and the Russian Federation requested to join the consultations. Subsequently, the United States informed the DSB that it had accepted the requests of the European Union to join the consultations.

 

Panel and Appellate Body proceedings

 

On 16 April 2018, Korea requested the establishment of a panel. At its meeting on 27 April 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 28 May 2018, the DSB established a panel. Brazil, Canada, China, Egypt, the European Union, India, Japan, Kazakhstan, Mexico, Norway and the Russian Federation reserved their third-party rights.

 

Following agreement of the parties, the panel was composed on 5 December 2018.

 

On 9 July 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in 2020. 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 depended on completion of translation.

 

On 21 January 2021, the panel report was circulated to Members.

 

On 19 March 2021, 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 25 March 2021, Korea informed the DSB that it took note of the United States' decision to appeal the panel report and that due to the Appellate Body currently not functioning, it considered that all procedural deadlines in the Appellate Body's Working Procedures were suspended. Korea also reserved its full right to file its own appeal on issues of law and legal interpretation in the panel report and to respond to the United States' appeal, and indicated that it awaited the instructions of the Appellate Body in this respect.