WORLD TRADE  
ORGANIZATION  WT/DS217/42 
11 November 2004 
 (04-4841) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Recourse by Korea to Article 22.7 of the DSU
 
 
 
 The following communication, dated 10 Novemb er 2004, from the delegation of Korea to the 
Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 22.7 of the DSU. 
 
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  The Republic of Korea requests that the follo wing item be placed on the agenda of the 
meeting of the Dispute Settlement Body on 24 November 2004:  
 United States – Continued Dumping and Subsidy Offset Act of 2000  
 
 Recourse by the Republic of Korea to Ar ticle 22.7 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes 
 
 The Panel and the Appellate Body found that the Continued Dumping and Subsidy Offset Act 
of 2000 ("CDSOA") was inconsistent with th e United States' obligations under the General 
Agreement on Tariffs and Trade 1994 (‘GATT 1994’), the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs  and Trade 1994, the Agreement on Subsidies and 
Countervailing Measures and the Marrakesh Agreemen t  establishing the World Trade Organization. 
On 27 January 2003, the Dispute Settlement Body ("DSB") adopted the Appellate Body report and 
the Panel report as modified by the Appellate Body report. The United States stated that it intended to 
implement the recommendations and rulings of th e DSB but failed to do so within the required 
deadline (by 27 December 2003).   Consequently, on 15 January 2004, the Republic of Korea requested authorization to suspend 
the application to the United States of tariff c oncessions and other obligations under GATT 1994. As 
the United States objected to the le vel of suspension proposed, the matter was referred to arbitration 
pursuant to Article 22.6 of the DSU on 26 January 2004.    The Arbitrator issued its decision on 31 August 2004 which concluded that: 
 
5.2 [T]he suspension by the Republic of Korea of concessions or other 
obligations in the form of the imposition of an additional import duty above bound custom duties on a list of products originating in the United States covering, on a yearly basis, a total value of trade  not exceeding, in US dollars, the amount resulting 
from the following equation: 
Amount of disbursements under CDSOA for the most recent year for 
which data are available relating to anti-dumping or countervailing WT/DS217/42 
Page 2  
 
duties paid on imports from the Repub lic of Korea at that time, as 
published by the United States' authorities. 
multiplied by : 
0.72  
would be consistent with Article 22.4 of the DSU.
1 
 In accordance with Article 22.7 of the DS U, the Republic of Korea hereby requests 
authorization from the DSB to susp end the application to the United  States of tariff concessions and 
other obligations under GATT 1994, in cluding Articles I and II thereof, in the form of the imposition 
of additional import duties on produc ts originating in the United States, at a level not exceeding every 
year 72% of the amount of CDSOA disbursement s relating to anti-dumping or countervailing duties 
paid on imports from the Republic of Korea for the mo st recent year for which data are available at 
that time, consistent with the decision by the Arbitrator of 31 August 2004.2   
  Furthermore, pursuant to the arbitration aw ard, the Republic of Korea will notify the DSB 
every year, prior to the entry into  force of the suspension of concessi ons or other obligations, the list 
of products on which the additional import duty w ill be levied. The products will be drawn from the 
attached indicative list of products. 
                                                     
 
1 WT/DS217/ARB/KOR, para. 5.2. 
2 WT/DS217/ARB/KOR  WT/DS217/42 
 Page 3 
 
 
ANNEX: LIST OF PRODUCTS  
 
 
The products covered by the list are determined by the product description of the Harmonized Tariff 
Schedule of the Republic of Korea. The descripti ons hereunder are given for information purposes 
only. 
 
Description HS codes(10-digits) 
Washing preparations 3402-20-1000 
of glass-ceramics 7013-10-0000 Glassware of a kind used for 
table, kitchen, toilet, office, 
indoor decoration or similar 
purposes(other than that of 
heading 70.10 or 70.18) other 7013-39-0000 
Cod (Gadus morhua, Gadus ogac, Ga dus macrocephalus), excluding livers 
and roes 0303-60-0000 
Angler (Monkfish) 0303-79-9091 
Ray 0303-79-9096 
 
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