WT/DS464/18  
 
12 January 2018  
(18-0335) Page: 1/2 
  Original: English  
 
UNITED STATES – ANTI -DUMPING AND COUNTERV AILING MEASURES  
ON LARGE RESIDENTIAL  WASHERS FROM KOREA  
RECOURSE TO ARTICLE 22.2 OF THE DSU BY KOREA  
The following communication, dated 11 January 2018 , from the delegation of Korea  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of the DSU.  
 
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Pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes ( "DSU"), the Republic of Ko rea ( "Korea ") requests authorization from the Dispute 
Settlement Body ( "DSB") to suspend the application to the United States of certain tariff 
concessions and related obligations under the General Agreement on Tariffs and Trade 1994 
("GATT 1994 ") as a result of the non -compliance of the United States with the rulings and 
recommendations made by the DSB on 26 September 2016 with respect to United States – Anti-
Dumping and Countervailing Measures on Large Residential Washers from Korea  ("US – Washi ng 
Machines "). 
On 26 September 2016, the DSB adopted the Appellate Body Report and the Panel Report, as 
modified by the Appellate Body Report, in US – Washing Machines . In its recommendations and 
rulings, the DSB ruled that the US measures at issue are inc onsistent both "as such " and "as 
applied " with relevant provisions of the Agreement on Implementation of Article VI of the 
GATT  1994 and Agreement on Subsidies and Countervailing Measures , and recommended the 
United States to bring its measures into compli ance with these Agreements.  
At the DSB meeting held on 26 October 2016, the United States indicated its intention to 
implement the recommendations and rulings of the DSB in this dispute. Korea and the United 
States have consulted to reach an agreement on t he reasonable period of time ( "RPT") for the 
United States ' implementation; however, no mutually satisfactory solution has been made. 
Thereafter, Korea requested arbitration under Article 21.3(c) of the DSU, and the Arbitrator 
determined the RPT to be 15 m onths, expiring on 26 December 2017.    
Korea considers that the United States failed to comply with the recommendations and rulings of 
the DSB within the RPT. Korea and the United States have not reached an agreement on 
compensation pursuant to Article 22. 2 of the DSU.  
Korea has applied the principles and procedures of Article 22.3(a) of the DSU and seeks to 
suspend concessions and obligations in the goods sector under the GATT 1994. On this basis, 
Korea requests authorization to suspend concessions and rel ated obligations at an annual amount 
of USD 711 million with respect to the United States ' non-compliance with "as applied " 
recommendations and rulings on the washing machines from Korea. This amount will be adjusted 
by applying the annual growth rate of t he washing machines market of the United States.  
In addition, Korea requests authorization to suspend concessions and related obligations at an 
annual level based on a formula commensurate with the trade effects to be caused to exports from 
Korea other th an washing machines by the United States ' non-compliance with "as such " 
recommendations and rulings. This request is to reflect the possible nullification or impairment 
Korea will suffer if the "as such " violation continues to exist and apply to other expo rts from Korea 
in the future.  WT/DS464/18  
 
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  The requested annual level of the suspension of the concessions and related obligations is, 
pursuant to Article 22.4 of the DSU, equivalent to the annual level of nullification or impairment of 
benefits to Korea caused or to be caused by the US measures. Korea will provide to the DSB a list 
of goods and the level of the tariffs to be applied to those goods in due course.   
 
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