United States – Anti-Dumping and Countervailing Measures
on Large Residential Washers from Korea
Status
Report regarding implementation of the
dsb recommendations and rulings
by the United States
Addendum
The following communication,
dated 17 January 2019, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.
The United States submits this report in
accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU").
On 26 September 2016, the Dispute Settlement
Body ("DSB") adopted its recommendations in United States – Anti-Dumping and Countervailing
Measures on Large Residential Washers from Korea (WT/DS464). At the
following DSB meeting, on 26 October 2016, the United States informed the DSB
of its intention to implement the recommendations of the DSB in connection with
this matter. Korea requested that the reasonable period
of time for the United States to implement the recommendations of
the DSB be
determined through arbitration pursuant to Article 21.3(c) of the DSU. The
Arbitrator determined the reasonable period of time to be 15 months, expiring
on 26 December 2017.
On
15 December 2017, the United States Trade Representative requested that the US
Department of Commerce ("Commerce") initiate a proceeding under
section 129 of the Uruguay Round Agreements
Act to address the DSB's recommendations relating to Commerce's
countervailing duty investigation of washers from Korea. On 18 December 2017,
Commerce initiated a section 129 proceeding.
Following initiation, Commerce issued initial and supplemental questionnaires
seeking additional information. On 4 April 2018, Commerce issued a preliminary
determination. Following issuance of the preliminary determination, Commerce
provided interested parties with the opportunity to submit comments on the
issues and analysis in the preliminary determination and rebuttal comments.
Commerce reviewed those comments and rebuttal comments and took them into
account for purposes of preparing the final determination. On 4 June 2018,
Commerce issued a final determination, in which Commerce revised certain
aspects of its original determination.
Specifically, Commerce revised the analysis underlying the CVD
determination, as it pertains to certain tax credit programs, in accordance
with findings adopted by the DSB.
The United States continues to consult with
interested parties on options to address the recommendations of the DSB
relating to anti-dumping measures challenged in this dispute.