WT/DS488/16  
 
10 February 2020  
(20-1019) Page: 1/2 
  Original: English  
 
UNITED STATES – ANTI -DUMPING MEASURES ON  CERTAIN OIL  
COUNTRY TUBULAR GOODS  FROM KOREA  
UNDERSTANDING BETWEE N THE REPUBLIC OF KORE A AND THE UNITED STATES  
REGARDING PROCEDURES  UNDER ARTICLES 21 A ND 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.  
 
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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 Gov erning 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 interpret ation 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 circ ulation 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 reque st 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 t he 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 re port 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.  
5. If the parties agree to arbitration procedures under Article 25 of the DSU to provide for review 
of the report of the Article 21.5 panel, they will amend this agreement on procedures accordingly.  
 
1 The parties to the dispute  agree that under Article 21.5 of the DSU, consultations are not obligatory.  WT/DS488/16  
 
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  6. Furthermore, the parties to the dispute recognize that Korea has requested authorization to 
suspend concessions o r other obligations pursuant to Article 22.2 of the DSU, and the 
United  States has objected in writing under Article 22.6 of the DSU to the level of suspension of 
concessions or other obligations. As such, the parties to the dispute agree that the matter h as 
been referred to arbitration under Article 22.6 of the DSU pursuant to the U.S. objection.  
7. As the matter has been referred to arbitration, the United States and Korea shall, at the earliest 
possible moment, request the arbitrator under Article 22.6 to s uspend its work. In the event 
that the DSB finds, pursuant to Article 21.5 of the DSU, that a measure taken to comply does 
not exist or is inconsistent with a covered agreement, either party may request the Article 22.6 
arbitrator to resume its work.  
8. The p arties to the dispute will cooperate to enable the arbitrator under Article 22.6 of the DSU 
to circulate its decision within 60 days of the resumption of the arbitration.  
9. If any of the original panelists is not available for either the Article 21.5 panel o r the Article 22.6 
arbitration (or both), the parties to the dispute will promptly consult on a replacement, and 
either party may request the Director -General of the WTO to appoint, within ten days of being 
so requested, a replacement for the proceeding or  proceedings in which a replacement is 
required. If an original panelist is unavailable to serve in either of the proceedings, the parties 
to the dispute will further request that, in making this appointment, the Director -General seek 
a person who will be available to act in both proceedings.  
10. The parties to this dispute will continue to cooperate in all matters related to these agreed 
procedures and agree not to raise any procedural objection to any of the steps set out herein. 
If, during the application of  these procedures, the parties to the dispute consider that a 
procedural aspect has not been properly addressed in these procedures, they will endeavor to 
find a solution within the shortest time possible that will not affect the other aspects and steps 
agreed herein.  
11. These agreed procedures in no way prejudice other rights of either party to take any action or 
procedural step to protect its rights and interests, including recourse to the DSU.  
12. This agreement applies specifically to this dispute and is witho ut prejudice to a party's position 
on any systemic matter.  
 
 
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