United States — Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea

 

Short title:	US — OCTG (Korea)
Complainant:	Korea, Republic of
Respondent:	United States
Third Parties (original proceedings):	Canada; China; European Union; India; Russian Federation; Turkey; Mexico
Agreements cited: (as cited in request for consultations)	Art. 1, 2.2, 2.2.1.1, 2.2.2, 2.3, 2.4, 6.2, 6.4, 6.9, 6.10, 6.10.1, 6.10.2, 12.2.2, 18.4  Anti-dumping Art. I, X:3  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization
Agreements cited: (as cited in panel request)	Art. 2.2, 2.2.2, 2.2.2(i), 2.2.2(iii), 2.4, 2.3, 2.2.1.1, 6.2, 6.4, 6.9, 6.10, 6.10.1, 6.10.2, 12.2.2  Anti-dumping Art. I, X:3  GATT 1994 Art. 1, 9.3  Anti-dumping Art. VI  GATT 1994 Art. XVI:4  Agreement Establishing the World Trade Organization Art. 18.4  Anti-dumping
Consultations requested:	22 December 2014
Panel requested:	23 February 2015
Panel established:	25 March 2015
Panel composed:	13 July 2015
Panel report circulated:	14 November 2017 (adopted on 12 January 2018 )

 

Summary of the dispute to date

 

The summary below was up-to-date at 3 April 2020 

 

Consultations

 

Complaint by Korea.

 

On 22 December 2014, Korea requested consultations with the United States regarding certain anti‑dumping measures on oil country tubular goods (OCTG) from Korea and the investigation methodology underlying such measures.

 

Korea claims that these are inconsistent with:

 

- Articles 2.2, 2.2.2, 2.2.1.1, 2.3, 2.4, 6.2, 6.4, 6.9, 6.10, including Articles 6.10.1 and 6.10.2, and 12.2.2 of the Anti-Dumping Agreement; and

 

- Articles I and X:3 of the GATT 1994.

 

On 8 January 2015, Turkey requested to join the consultations. On 14 January 2015, the Russian Federation requested to join the consultations. On 15 January 2015, Ukraine requested to join the consultations.

 

On 23 February 2015, Korea requested the establishment of a panel. At its meeting on 10 March 2015, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

 

At its meeting on 25 March 2015, the DSB established a panel. Canada, China, the European Union, India, the Russian Federation and Turkey reserved their third-party rights. Subsequently, Mexico reserved its third-party rights.

 

On 13 July 2015, the parties agreed on the composition of the panel. On 16 January 2016, 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 experienced lawyers in the Secretariat. The panel thus expected to issue its final report to the parties before the end of 2016.

 

On 15 September 2016, following the resignation of the Chair of the panel, the parties agreed on a new Chair.

 

On 19 December 2016, the Chair of the panel informed the DSB that following an additional delay as a result of the need to appoint a new Chair of the panel and due to the complexity of the issues raised by the parties in this dispute, the panel expected to issue its final report to the parties by June 2017.

 

On 14 November 2017, the panel report was circulated to Members.

 

At its meeting on 12 January 2018, the DSB adopted the panel report.

 

Reasonable period of time

 

At the DSB meeting on 9 February 2018, the United States informed the DSB of its intention to implement the DSB's recommendations and rulings and that it would need a reasonable period of time to do so.

 

On 26 February 2018, Korea and the United States informed the DSB they had agreed that the reasonable period of time to implement the DSB's recommendations and rulings would be 12 months. Accordingly, the reasonable period of time was set to expire on 12 January 2019. On 11 January 2019, Korea and the United States informed the DSB they had agreed to modify the previously notified reasonable period of time, which was set to expire on 12 July 2019.

 

On 6 February 2020, the United States and Korea informed the DSB of Agreed Procedures under Articles 21 and 22 of the DSU (sequencing agreement). The parties thus agreed not to appeal the report of a compliance panel established pursuant to Article 21.5 of the DSU, and that were the parties to agree on arbitration procedures under Article 25 of the DSU to provide for review of the report of the compliance panel, they would amend the agreement accordingly.

 

Proceedings under Article 22 of the DSU (remedies)

 

On 29 July 2019, Korea requested the authorization of the DSB to suspend concessions or other obligations pursuant to Article 22.2 of the DSU on the grounds that the United States had failed to comply with the DSB's recommendations and rulings within the reasonable period of time. On 8 August 2019, the United States objected to Korea's proposed level of suspension of concessions pursuant to Article 22.6 of the DSU.

 

At the DSB meeting on 9 August 2019, the Chair of the DSB took note that the matter raised by the United States had been referred to arbitration pursuant to Article 22.6 of the DSU.