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  • Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available

    • Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available


    Status: Pending

    Subject: Anti-dumping Measures, GATT 1994, SCM Agreement,

    Respondent: United States

    Complainant(s): Korea,

    Third Parties: Brazil, Canada, Mexico, China, Egypt, European Union, Norway, Russian Federation, Japan, India, Kazakhstan,

    Dispute Number: DS539

    Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds539_e.htm



    On February 14, 2018, Korea requested consultations with the United States concerning certain anti-dumping and countervailing duty measures 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;

    • Articles 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 April 16, 2018, Korea requested the establishment of a panel. At its meeting on April 27, 2018, the DSB deferred the establishment of a panel. At its meeting on May 28, 2018, the DSB established a panel. Brazil, Canada, China, Egypt, the European Union, India, Japan, Kazakhstan, Mexico, Norway, and Russia reserved their third-party rights.

    On December 5, 2018, the panel was composed by agreement of the parties.
     

    Panel Proceedings
    Brief Date Brief Description
    03/20/2020 U.S. Comments on Korea’s Answers to Panel’s Second Set of Questions
    03/19/2020 U.S. Integrated Executive Summary
    03/04/2020 U.S. Answers to Panel Questions Following the Second Substantive Meeting 
    02/11/2020 Opening Statement of the United States at the Second Substantive Meeting of the Panel 
    10/24/2019 U.S. Second Written Submission
    02/01/2019 U.S. Letter Request to Korea Regarding Open Meetings and Non-Confidential Summaries
    09/03/2019 U.S. Responses to Panel Questions Following the First Substantive Meeting
    07/24/2019 Opening Statement of the United States at the First Substantive Meeting of the Panel
    04/30/2019 U.S. First Written Submission
    02/01/2019 U.S. Letter Request to Korea Regarding Open Meetings and Non-Confidential Summaries