DS: United States — Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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Summary of the dispute to date

The summary below was up-to-date at


Complaint by the Republic of Korea

On 14 February 2018, Korea requested consultations with the United States concerning certain anti-dumping and countervailing duty measures imposed 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;
  • Article 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 1 March 2018, Kazakhstan requested to join the consultations. On 2 March 2018, the European Union and the Russian Federation requested to join the consultations. Subsequently, the United States informed the DSB that it had accepted the requests of the European Union to join the consultations.


Panel and Appellate Body proceedings

On 16 April 2018, Korea requested the establishment of a panel. At its meeting on 27 April 2018, the DSB deferred the establishment of a panel.

At its meeting on 28 May 2018, the DSB established a panel. Brazil, Canada, China, Egypt, the European Union, India, Japan, Kazakhstan, Mexico, Norway and the Russian Federation reserved their third-party rights.

Following agreement of the parties, the panel was composed on 5 December 2018.

On 9 July 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in 2020. In its communication, the Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depended on completion of translation.



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