DISPUTE SETTLEMENT

DS: United States — Anti-Dumping Measure on Oil Country Tubular Goods from Argentina

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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Current status

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Argentina

On 17 May 2023, Argentina requested consultations with the United States with respect to (i) the definitive anti-dumping measure imposed on oil country tubular goods (OCTG) from Argentina, and (ii) certain provisions of the United States' legislation regarding cross-cumulation of imports in assessing injury caused by imports in anti-dumping and countervailing duty investigations.

Argentina claimed that the definitive anti-dumping measure on OCTG from Argentina appears to be inconsistent with:

  • Articles 1, 3.1, 3.2, 3.3, 3.4, 3.5, 5.1, 5.3, 5.4, 6.6, and 18.1 of the Anti-Dumping Agreement; and
     
  • Article VI of the GATT 1994.

Argentina also claimed that the United States' legislation regarding cumulation for determining material injury appears to be inconsistent “as such” with Articles 3.1, 3.2, 3.3, 3.4, and 3.5 of the Anti-Dumping Agreement.

 

Panel and Appellate Body proceedings

On 1 September 2023, Argentina requested the establishment of a panel. At its meeting on 19 September 2023, the DSB deferred the establishment of a panel.

At its meeting on 26 October 2023, the DSB established a panel. Brazil, Canada, China, the European Union, Japan, Korea, the Russian Federation, Türkiye, and Ukraine reserved their third-party rights.

Following the agreement of the parties, the panel was composed on 7 January 2024.

On 4 July 2024, the Chair of the panel informed the DSB that both parties had requested significantly more time to file their first written submissions than the time originally proposed by the Panel and that, in view of the arguments put forward by the parties, the panel had granted their requests, which had delayed the beginning of the panel's substantive work. The Chair indicated that, accordingly, the panel did not expect to be in a position to issue its final report to the parties before the first quarter of 2025. The Chair apprised 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 depends on completion of translation. On 25 August 2025, the Chair of the panel informed the DSB that the panel had issued its final report to the parties on 2 May 2025 and informed the parties on 9 May 2025 that the expected date of circulation of the final report was 16 May 2025. The Chair indicated that on 14 May 2025, Argentina and the United States jointly informed the panel that they were engaged in discussions with respect to the resolution of the dispute and requested that the panel postpone the circulation of the final report until 15 August 2025. The Chair of the panel informed the DSB of joint requests from the parties to postpone the issuance of its final report. In its most recent communication, dated 30 June 2026, the Chair of the panel informed the DSB that the panel had accepted an additional joint request from the parties to postpone the circulation of its final report until 29 October 2026.

 

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