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

Key Facts
Short Title: US – Facts Availabl
Respondent: United States
Third Parties: Brazil; Canada; Mexico; China; Egypt; European Union; Norway; Russia; 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
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