Green_Earth
United States - Anti-dumping measures on Certain Oil Country Tubular Goods from Korea - Understanding between the Republic of Korea and the United States regarding procedures under articles 21 and 22 of the DSU
日期:2020/02/10
作者: Korea and the United States
文件編號:WT/DS488/16
附件下載:WTDS488-16.pdf
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united states – ANTI-DUMPING MEASURES ON certain oil
country tubular goods from Korea

UNDERSTANDING BETWEEN THE REPUBLIC OF KOREA AND THE UNITED STATES
REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU

The following communication, dated 6 February 2020, from the delegation of Korea and the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the request of these delegations.

 

_______________

 

 

The Dispute Settlement Body (DSB) adopted its recommendations and rulings in the dispute United States – Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea (WT/DS488) on 12 January 2018.

 

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the Republic of Korea and the United States of America ("the parties to the dispute") agreed that the reasonable period of time to implement the DSB recommendations and rulings would be twelve months, expiring on 12 January 2019 (WT/DS488/11), which was later mutually agreed to be modified to expire on 12 July 2019 (WT/DS488/13).

 

The parties to the dispute have also agreed on the following procedures for the exclusive purposes of this dispute. These procedures are designed to facilitate the resolution of the dispute and reduce the scope for procedural disagreements. These procedures are without prejudice to either party's views on the proper interpretation of the DSU.

 

1.    If Korea considers that the situation described in Article 21.5 of the DSU exists, Korea will request consultations with the United States.[1] The parties to the dispute agree to hold such consultations within 14 days from the date of circulation of such request. The parties to the dispute agree that after the end of such period of consultations, Korea may, at any time, request the establishment of a panel pursuant to Article 21.5 of the DSU.

2.    At the first DSB meeting at which Korea's request for the establishment of an Article 21.5 panel appears on the agenda, the United States shall accept the establishment of that panel.

3.    The parties to the dispute shall cooperate to enable the Article 21.5 panel to circulate its report within 90 days of the panel's establishment, excluding such time during which the panel's work may be suspended pursuant to Article 12.12 of the DSU.

4.    Following circulation of the report of the Article 21.5 panel, either party may request adoption of the Article 21.5 panel report at a meeting of the DSB within 60 days of circulation of the report. Each party to the dispute agrees not to appeal the report of the Article 21.5 panel pursuant to Article 16.4 of the DSU.



[1] The parties to the dispute agree that under Article 21.5 of the DSU, consultations are not obligatory.