DISPUTE SETTLEMENT

DS: United States — Safeguard measure on imports of crystalline silicon photovoltaic products

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

Consultations

Complaint by Korea

On 14 May 2018, Korea requested consultations with the United States concerning definitive safeguard measures imposed by the United States on imports of certain crystalline silicon photovoltaic products.

Korea claimed that the measures appear to be inconsistent with:

  • Articles 1, 2.1, 3.1, 3.2, 4.1, 4.2, 5.1, 5.2, 7.1, 7.4, 8.1, 12.1, 12.2 and 12.3 of the Agreement on Safeguards; and
     
  • Article X:3, XIII and XIX:1(a) of the GATT 1994.

On 24 May 2018, China requested to join the consultations. On 25 May 2018, the European Union, Malaysia, Thailand and the Russian Federation requested to join the consultations. Subsequently, the United States informed the DSB that it had accepted the requests of China, the European Union, Malaysia and Thailand to join the consultations.

 

Panel and Appellate Body proceedings

On 14 August 2018, Korea requested the establishment of a panel. At its meeting on 27 August 2018, the DSB deferred the establishment of a panel.

At its meeting on 26 September 2018, the DSB established a panel. Brazil, Canada, China, the European Union, Egypt, India, Japan, Kazakhstan, Malaysia, Mexico, Norway, Philippines, the Russian Federation, Singapore, Chinese Taipei, Thailand and Viet Nam reserved their third-party rights.

 

 

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