Morocco — Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey

 

Short title:	Morocco — Hot-Rolled Steel (Turkey)
Complainant:	Turkey
Respondent:	Morocco
Third Parties (original proceedings):	China; Egypt; European Union; India; Japan; Kazakhstan; Korea, Republic of; Oman; Russian Federation; Singapore; United Arab Emirates; United States
Agreements cited: (as cited in request for consultations)	Art. 3.1, 3.2, 3.4, 3.5, 6.8, 6.9, 18.1, Annex II  Anti-dumping Art. I:1, X:1, X:2, X:3(a), XI:1  GATT 1994 Art. 3.2, 3.3  Import Licensing
Agreements cited: (as cited in panel request)	Art. 5.10, 6.8, Annex II, 6.9, 3.1, 3.4  Anti-dumping Art. VI:6  GATT 1994 Art. 6.5, 6.5.1, 18.1  Anti-dumping Art. I:1, X:3(a), XI:1  GATT 1994 Art. 3.2, 3.3  Import Licensing Art. VI  GATT 1994 Art. 1, 18  Anti-dumping
Consultations requested:	3 October 2016
Panel requested:	12 January 2017
Panel established:	20 February 2017
Panel composed:	17 May 2017
Panel report circulated:	31 October 2018 (adopted on 8 January 2020 )
Appellate Body report circulated:	10 December 2019 (adopted on 8 January 2020)

 

Summary of the dispute to date

 

The summary below was up-to-date at 23 January 2020 

 

Consultations

 

Complaint by Turkey

 

On 3 October 2016, Turkey requested consultations with Morocco regarding the imposition of definitive anti-dumping measures, and certain aspects of the underlying investigation, by Morocco on imports of certain hot-rolled steel from Turkey.

 

Turkey claimed that the measures appear to be inconsistent with:

 

- Articles 1, 3.1, 3.2, 3.4, 3.5, 5.10, 6.8, 6.9, 18.1 and paragraph 1, 3, 5, 6 and 7 Annex II of the Anti-Dumping Agreement; and

 

- Articles 3.2 and 3.3 of the Agreement on Import Licensing Procedures; and

 

- Articles I:1, VI, X:1, X:2, X:3(a) and XI:1 of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 12 January 2017, Turkey requested the establishment of a panel. At its meeting on 25 January 2017, the DSB deferred the establishment of a panel.

 

At its meeting on 20 February 2017, the DSB established a panel. China, Egypt, the European Union, India, Japan, Kazakhstan, Korea, Oman, the Russian Federation, Singapore, United Arab Emirates and the United States reserved their third-party rights.

 

On 8 May 2017, Turkey requested the Director-General to compose the panel. On 17 May 2017, the Director-General composed the panel.

 

On 12 October 2017, 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 panel expected to issue its final report to the parties in mid-2018.

 

On 31 October 2018, the panel report was circulated to Members.

 

On 20 November 2018, Morocco notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.

 

On 15 January 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 complexity of issued that had been 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.

 

On 4 December 2019, the Chair of the Appellate Body informed the DSB that it had received a letter from Morocco, indicating the withdrawal of its appeal in this dispute. On 10 December 2019, the Appellate Body report was circulated to Members.

 

At its meeting on 8 January 2020, the DSB adopted the Appellate Body report and the panel report.