United States — Safeguard measure on imports of large residential washers

 

Short title:	United States — Safeguard Measure on Washers
Complainant:	Korea, Republic of
Respondent:	United States
Third Parties (original proceedings):	Brazil; China; European Union; Egypt; India; Japan; Kazakhstan; Mexico; Norway; Russian Federation; Thailand; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. I:1, II, X:3, XIX:1  GATT 1994 Art. 1, 2.1, 2.2, 3.1, 3.2, 4.1, 4.1(c), 4.2, 5.1, 7.1, 7.4, 8.1, 12.1, 12.2, 12.3  Safeguards
Agreements cited: (as cited in panel request)	Art. XIX:1  GATT 1994 Art. 1, 3.1, 2.1, 4.1(c), 4.2, 4.1, 4.2(a), 4.2(b), 3.2, 4.2(c), 5.1, 7.4, 7.1, 8.1, 12.1, 12.2, 12.3  Safeguards Art. II:1  GATT 1994
Consultations requested:	14 May 2018
Panel requested:	14 August 2018
Panel established:	26 September 2018
Panel composed:	1 July 2019
Panel report circulated:	8 February 2022

 

Summary of the dispute to date

The summary below was up-to-date at 7 February 2023 

 

Consultations

 

Complaint by Korea

 

On 14 May 2018, Korea requested consultations with the United States concerning definitive safeguard measures imposed by the United States on imports of large residential washers.

 

Korea claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2, 3.1, 3.2, 4.1, 4.2, 5.1, 7.1, 7.4, 8.1, 12.1, 12.2 and 12.3 of the Agreement on Safeguards; and

 

- Article I:1, II, X:3 and XIX:1(a) of the GATT 1994.

 

On 25 May 2018, Thailand requested to join the consultations. Subsequently, the United States informed the DSB that it had accepted the request of Thailand to join the consultations.

 

Panel and Appellate Body proceedings

 

On 14 August 2018, Korea requested the establishment of a panel. At its meeting on 27 August 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 26 September 2018, the DSB established a panel. Brazil, China, the European Union, Egypt, India, Japan, Kazakhstan, Mexico, Norway, the Russian Federation, Thailand and Viet Nam reserved their third-party rights.

 

On 20 June 2019, Korea requested the Director-General to compose the panel. On 1 July 2019, the Director-General composed the panel.

 

On 9 December 2019, 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 Chair's communication indicated that the panel expected to issue its final report to the parties in the first quarter of 2021. On 26 March 2021, the Chair of the panel informed the DSB that due to the global COVID-19 pandemic, the panel was unable to organize in-person meetings with the parties in 2020, and that although the panel explored the possibility of holding the first substantive meeting through virtual and other means in 2020 itself, in light of the views of the parties, the panel decided not to do so. The Chair of the panel apprised the DSB that due to the resulting delay in the panel proceedings, the panel expected to issue its final report to the parties by the end of 2021.

 

On 8 February 2022, the panel report was circulated to Members.

 

On 28 March 2022, Korea and the United States requested the DSB to adopt a decision that the DSB shall no later than 7 July 2022 adopt the report of the panel in this dispute unless (i) the DSB decides by consensus not to do so or (ii) either party to the dispute notifies the DSB of its decision to appeal pursuant to Article 16.4 of the DSU. At its meeting on 8 April 2022, the DSB agreed to this joint request to provide the additional time for the adoption or appeal of the panel report. The DSB extended the deadline for the adoption or appeal of the panel report on several occasions in response to joint requests from Korea and the United States. Further to the most recent joint request dated 8 December 2022, the DSB extended this deadline to 27 February 2023.