United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea (WT/DS464): Report of the Panel

Summary

INTRODUCTION

Complaint by Korea

On 29 August 2013, Korea requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade (GATT 1994), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), and Article 30 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) with regard to the anti-dumping and countervailing measures applied by the United States on Large Residential Washers (LRWs) from the Republic of Korea.

Consultations were held on 3 October 2013, but failed to resolve the dispute. On 5 December 2013, Korea requested the establishment of a panel.

Panel Establishment and Composition

At its meeting on 22 January 2014, the Dispute Settlement Body (DSB) established a panel pursuant to the request of Korea in document WT/DS464/4, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Korea in document WT/DS464/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

On 10 June 2014, Korea requested the Director-General to determine the composition of the Panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute. The Chairman of the DSB shall inform the Members of the composition of the panel thus formed no later than 10 days after the date the Chairman receives such a request.