Korea — Sunset Review of Anti-Dumping Duties on Stainless Steel Bars

 

Short title:	Korea — Stainless Steel Bars
Complainant:	Japan
Respondent:	Korea, Republic of
Third Parties (original proceedings):	China; European Union; India; Kazakhstan; Russian Federation; Chinese Taipei; United States
Agreements cited: (as cited in request for consultations)	Art. 1, 6.5, 6.5.1, 6.8, 6.9, 11.3, 11.4, 12.2, 12.2.2, 12.3, Annex II  Anti-dumping Art. VI, VI:6  GATT 1994
Agreements cited: (as cited in panel request)	Art. 11.3, 11.4, 6.8, Annex II, 6.5, 6.5.1, 6.9, 12.3, 12.2, 12.2.2  Anti-dumping
Consultations requested:	18 June 2018
Panel requested:	13 September 2018
Panel established:	29 October 2018
Panel composed:	21 January 2019
Panel report circulated:	30 November 2020

 

Summary of the dispute to date

 

The summary below was up-to-date at 3 March 2021 

 

Consultations

 

Complaint by Japan

 

On 18 June 2018, Japan requested consultations with Korea concerning Korea’s determination to continue the imposition of anti-dumping duties on stainless steel bars from Japan, based on the conclusion of the third sunset review of anti-dumping duties on stainless steel bars from Japan, India and Spain.

 

Japan claimed that the measures appear to be inconsistent with:

 

- Articles 1, 6.5, 6.8, 6.9, 11.3, 11.4, 12.2, 12.3 and paragraphs 3 and 7 of Annex II of the Anti-Dumping Agreement; and

 

- Article VI of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 13 September 2018, Japan requested the establishment of a panel. At its meeting on 26 September 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 29 October 2018, the DSB established a panel. China, the European Union, India, Kazakhstan, the Russian Federation, Chinese Taipei and the United States reserved their third-party rights.

 

On 14 January 2019, Japan requested the Director-General to compose the panel. On 21 January 2019, the Director-General composed the panel.

 

On 3 September 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in the middle portion of 2020. The Chair noted that the panel's work had been delayed due to a lack of personnel in the Secretariat available to staff disputes. On 30 July 2020, the Chair of the panel informed the DSB that due to the volume of materials submitted during these proceedings and logistical constraints arising from the current circumstances, the panel expected to issue its final report to the parties in the latter half of 2020.

 

On 30 November 2020, the panel report was circulated to Members.

 

On 22 January 2021, Korea notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 27 January 2021, Japan informed the DSB that it had taken note of Korea's notification of its appeal and that, given the current non-operational situation of the Appellate Body, it considered that all the procedural deadlines set out in the Appellate Body's Working Procedures were suspended. Japan indicated that, until the Appellate Body resumes its operation and sets the schedule for this appeal, Japan reserved its full rights to file its own appeal on errors (if any) in the issues of law covered in the panel report and legal interpretations developed by the panel, and submit any relevant submissions for this case.