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

 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.