Dominican Republic – ANTI-DUMPING Measures on corrugated
steel bars

Request for the Establishment of a Panel by Costa Rica

The following communication, dated 15 November 2021, from the delegation of Costa Rica to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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On 23 July 2021, Costa Rica requested consultations with the Dominican Republic under Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), with respect to measures imposing anti-dumping duties on imports of corrugated or deformed steel rods and bars for concrete reinforcement originating in the Republic of Costa Rica.

The consultations between the two countries were held on 20 September 2021. However, these consultations failed to settle the dispute. Accordingly, Costa Rica respectfully requests the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article 17.4 of the Anti‑Dumping Agreement, and Article XXIII of the GATT 1994, in order to examine the matter.

The anti-dumping investigation was initiated on 30 July 2018 in response to an application that had been submitted by a Dominican producer and that, in Costa Rica's opinion, did not meet the minimum requirements of the Anti-Dumping Agreement. Following an investigation containing innumerable flaws, on 27 December 2019, the Regulatory Commission on Unfair Trade Practices and Safeguard Measures of the Dominican Republic (CDC) issued a final determination providing for the application of definitive anti-dumping measures despite the fact that, in Costa Rica's view, there was no evidence of dumping, injury or causation. Costa Rica considers this determination and the application of definitive duties to be inconsistent with the Dominican Republic's obligations under the Anti-Dumping Agreement and the GATT 1994.