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


Key Facts

title-1 title-2
Short Title: US – Facts Availabl
Respondent: United States
Third Parties: Brazil; Canada; Mexico; China; Egypt; European Union; Norway; Russian Federation; Japan; India; Kazakhstan;
Complaintant(s): Korea;
Dispute Number: DS539
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds539_e.htm
Dispute Subject(s): Anti-dumping Measures; GATT 1994; SCM Agreement;
Dispute Status: Pending


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