WT/DS523/1  
G/L/1177  
G/SCM/D115/1  
 
13 March 2017  
(17-1431) Page: 1/5 
  Original: English  
 
 UNITED STATES – COUNTERVAILING MEASU RES ON CERTAIN PIPE  
AND TUBE PRODUCTS (T URKEY)  
REQUEST FOR CONSULTA TIONS BY TURKEY  
The following communication, dated 8 March 2017 , from the delegation of Turkey  to the delegation 
of the United States  and to the Chairper son of the Dispute Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the United 
States pursuant to Articles 1 and 4 of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes , Articles XXII:1 of the General Agreement on Tariffs and Trade 1994 
("GATT 1994 "), and Article 30 of the Agreement on Subsidies and Countervailing Measures 
("SCM Agreement "). 
A. Specific Me asures at Issue  
This request for consultations concerns the preliminary and final countervailing duty measures 
imposed by the United States on Turkish imports of Certain Oil Country Tubular Goods ( "OCTG ")1; 
Welded Line Pipe2; Heavy Walled Rectangular Welde d Carbon Steel Pipes and Tubes3; and Circular 
Welded Carbon Steel Pipes and Tubes,4 as identified in Annex 1.  
These measures include the determination by the United States to initiate the identified 
countervailing duty proceedings, the conduct of those pro ceedings, any preliminary or final 
countervailing duty or injury determinations issued in those proceedings, any definitive 
countervailing duties imposed as a result of those proceedings, as well as any notices, annexes, 
memoranda, orders, amendments, or o ther instruments issued by the United States, and related 
practices, in connection with the measures identified in Annex 1.  
B. Legal Basis of the Complaint  
Turkey considers that the measures identified above, and in Annex 1, are inconsistent with the 
Unite d States ' obligations under the WTO Agreements.  Turkey 's concerns are particularly focused 
                                                
1 The United States initiated its investigation of OCTG from Turkey (C -489-817) on 29 July 2013.  The 
final determination  of the investigation  and order imposi ng countervailing measures were published on 18 July 
2014, and 10 September  2014, respectively.  
2 The United States initiated its investigation of Welded Line Pipe from Turkey (C -489-823) on 
13 November 2014.  The final determination  of the investigation  and order imposing countervailing measures 
were published on 13 October  2015, and 1 December 2015, respectively.  
3 The United States initiated its investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from Turkey (C -489-825) on 17 Au gust 2015.  The amended final determination of the investigation  
and order imposing countervailing measures was published on 13 September 2016 . 
4 The United States initiated its administrative re view, for the calendar year 2013, of Circular Welded 
Carbon S teel Pipes and Tubes from Turkey (C -489-502) on 30 April 2014 .  The amended final results of the 
administrative review were published on 13 November  2015.  The United States also initiated its third sunset 
review of the Order on Circular Welded Carbon Stee l Pipes and Tubes from Turkey on 1 June 2011 and 
published its determination in June 2012.  WT/DS523/1 • G/L/1177 • G/SCM/D115/1  
 
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  on, though not necessarily limited to, the following aspects of the measures and underlying 
administrative proceedings:  
1. Public Body Determination : The United States ' determination that certain entities are 
"public bodies " within the meaning of SCM Agreement Article 1.1(a)(1), which were 
improperly confined to indicia of government control and did not consider all relevant 
evidence on the record, in relation to the al leged provision of hot rolled steel for less 
than adequate remuneration.  
2. Benefit Determination : The United States ' determination that sales of hot rolled steel 
conferred a benefit, within the meaning of Article 1.1(b), and were made for less than 
adequate remuneration, within the meaning of 14(d) of the SCM Agreement, including 
the Department 's improper rejection of in -country prices for hot rolled steel as a 
benchmark for less than adequate remuneration.5 
3. Specificity Determination : The United States ' determination regarding specificity within 
the meaning of SCM Agreement Article 2.1(c), based on improper findings that the 
alleged provision of hot rolled steel for less than adequate remuneration was limited to 
certain enterprises, and the United States ' failure to substantiate its determination of 
specificity on the basis of positive evidence, within the meaning of SCM Agreement 
Article 2.4.  
4. Use of Facts Available : The United States ' use of facts available, and application of 
adverse inferences, in calculatin g subsidy rates, whic h are inconsistent with 
Article  12.7 of the SCM Agreement.  
5. Injury Determination : The United States ' determination of injury based on cumulated 
imports, including imports from countries not subject to countervailing duty 
investigations or reviews, which is inconsiste nt with Article 15.3 of the 
SCM Agreement.  
Turkey considers that the United States ' administrative proceedings and measures are inconsistent 
with Article VI:3 of the GATT 1994, Articles 10, 19.4, and 32.1 of the SCM Agreement , and the 
specific provisions cited above. Turkey 's concerns relate to both the aspects of the measures and 
underlying administrative proceedings cited above as well as ongoing practices applied in 
administrative proceedings more generally.  
The United Stat es' measures appear to nullify or impair the benefits accruing to Turkey directly or 
indirectly under the cited agreements.  
Turkey reserves the right to raise additional claims in the course of the consultations.  
Turkey looks forward to receiving the Gover nment of the United States ' reply in due course to this 
request for consultations and to setting mutually convenient dates for consultations.  
_______________  
                                                
5 This claim is limited to the countervailing duty determinations related to  OCTG  (C-489-817). WT/DS523/1 • G/L/1177 • G/SCM/D115/1  
 
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  Annex I  
C-489-817: Certain Oil Country Tubular Goods from Turkey  
1. Certain Oil Country Tubular Good s from India and Turkey: Initiation of Countervailing 
Duty Investigations , 78 FR 45502 (July 29, 2013).  
2. Certain Oil Country Tubular Goods from the Republic of Turkey: Preliminary Negative 
Countervailing Duty Determination and Alignment of Final Determinati on with Final 
Antidumping Determination , 78 FR 77420 (December 23, 2013).  
3. Decision Memorandum for the Negative Preliminary Determination in the 
Countervailing Duty Investigation of Certain Oil Country Tubular Goods from the 
Republic of Turkey  (December 16,  2013).  
4. Countervailing Duty Investigation of Certain Oil Country Tubular Goods from the 
Republic of Turkey: Post -Preliminary Analysis Memorandum for Borusan Mannesmann 
Boru Sanayi ve Ticaret A.S. ( "BMB"), Borusan Istikbal Ticaret ( "Istikbal "), Borusan 
Mann esmann Boru Yatirim Holding A.S., and Borusan Holding A.S. (collectively, 
"Borusan ") (April 18, 2014).  
5. Countervailing Duty Investigation of Certain Oil Country Tubular Goods from the 
Republic of Turkey: Post -Preliminary Analysis Memorandum for Tosçelik Pro fil ve Sac 
Endustrisi A.S. ( "Toscelik Profil "), Tosyali Dis Ticaret A.S., Tosyali Elektrik Enerjisi 
Toptan Satis Ith. Ihr. A.S., Tosyali Holding A.S., and Tosyali Demir Celik San. A.S. 
(collectively, "Toscelik ") (April 18, 2014).  
6. Certain Oil Country Tubula r Goods From the Republic of Turkey: Final Affirmative 
Countervailing Duty Determination and Final Affirmative Critical Circumstances 
Determination , 79 FR 41964 (July 18, 2014).  
7. Issues and Decision Memorandum for the Final Determination in the Countervaili ng 
Duty Investigation of Certain Oil Country Tubular Goods from the Republic of Turkey  
(July 10, 2014).  
8. Certain Oil Country Tubular Goods from India, Korea, the Philippines, Taiwan, 
Thailand, Turkey, Ukraine, and Vietnam , Investigat ion Nos. 701 -TA-499-500 and 
731-TA-1215-1217 and 1219 -1223 (Final), International Trade Commission Publication 
4489 (September 2014).  
9. Certain Oil Country Tubular Goods from India and the Republic of Turkey: 
Countervailing Duty Orders and Amended Affirmative Final Countervailing D uty 
Determination for India , 79 FR 53688 (September 10, 2014).  
C-489-823: Welded Line Pipe from Turkey  
1. Welded Line Pipe from the Republic of Korea and the Republic of Turkey: Initiation of 
Countervailing Duty Investigations , 79 FR 67419 (November 13, 2014) . 
2. Welded Line Pipe From the Republic of Turkey: Preliminary Affirmative Countervailing 
Duty Determination and Alignment of Final Determination With Final Antidumping 
Determination , 80 FR 14943 (March 20, 2015).  
3. Decision Memorandum for the Affirmative Preli minary Determination in the 
Countervailing Duty Investigation of Welded Line Pipe from the Republic of Turkey  
(March 16, 2015).  
4. Welded Line Pipe from the Republic of Turkey: Final Affirmative Countervailing Duty 
Determination , 80 FR 61371 (October 13, 2015 ). WT/DS523/1 • G/L/1177 • G/SCM/D115/1  
 
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  5. Issues and Decision Memorandum for the Final Determination in the Countervailing 
Duty Investigation of Welded Line Pipe from the Republic of Turkey  (October 5, 2015).  
6. Certain Welded Line Pipe from Korea and Turkey , Investigation Nos. 701 -TA-525 and 
731-TA-1260-1261 (Final), International Trade Commission Publication 4580 
(November 2015).  
7. Welded Line Pipe from the Republic of Turkey: Countervailing Duty Order , 80 FR 75054 
(December 1, 2015).  
C-489-825: Heavy Walled Rectangular Welded Carbon Steel Pipes an d Tubes from 
Turkey  
1. Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Turkey: Initiation of Countervailing Duty Investigation , 80 FR 49 207 
(August  17, 2015).  
2. Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Turkey : Preliminary Affirmative Countervailing Duty Determination and Alignment of 
Final Determination With Final Antidumping Determination , 80 FR 80 749 
(December  28, 2015).  
3. Countervailing Duty Investigation of Heavy Walled Rectangular Weld ed Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Decision Memorandum for the 
Preliminary Determination  (December 18, 2015).  
4. Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Turkey: Final Affirmative Countervaili ng Duty Determination , 81 FR 47 349 
(July 21, 2016).  
5. Countervailing Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Issues and Decision Memorandum for 
the Final Determination  (July 14, 2016).  
6. Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, 
and Turkey , Investigation Nos. 701 -TA-539 and 731 -TA-1280-1282 (Final), 
International Trade Commission Publication 4633 (September 2016).  
7. Heavy  Walled Rectangular Welded Carbon  Steel Pipes and Tubes From the Republic of 
Turkey: Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order , 81 FR 62874 (September 13, 2016).  
C-489-502: Circular Welded Carbon Steel Pipes and Tubes from Turkey  
1. Countervail ing Duty Order; Certain Welded Carbon Steel Pipe and Tube Products from 
Turkey , 51 FR 7984 (March 7, 1986).  
2. Welded Carbon Steel Pipe and Tube from Turkey: Final Results of Expedited Sunset 
Review of Countervailing Duty Order , 76 FR 64900 (Oct. 19, 2011).  
3. Certain Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, 
Thailand, and Turkey , Investigation Nos. 701 -TA-253 and 731 -TA-132, 252, 271, 273, 
532-534 and 536 (Third Review), International Trade Commission Publication 4333 
(June 2012).  
4. Certain Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, 
Thailand, and Turkey , 77 FR 39736 (July 5, 2012).  
5. Certain Circular Welded Carbon Steel Pipes and Tubes from India, Thailand, and 
Turkey; Certain Circular Welded Non -Alloy Stee l Pipe from Brazil, Mexico, the Republic 
of Korea, and Taiwan; and Certain Circular Welded Carbon Steel Pipes and Tubes from WT/DS523/1 • G/L/1177 • G/SCM/D115/1  
 
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  Taiwan: Continuation of Antidumping and Countervailing Duty Orders , 77 FR 41967 
(July 17, 2012).  
6. Initiation of Antidumping and Coun tervailing Duty Administrative Reviews and Request 
for Revocation in Part , 79 FR 24398 (April 30, 2014).  
7. Circular Welded Carbon Steel Pipes and Tubes From Turkey: Preliminary Results of 
Countervailing Duty Administrative Review and Preliminary Intent To Re scind in Part; 
Calendar Year 2013 , 80 FR 18809 (April 8, 2015).  
8. Decision Memorandum for the Preliminary Results of Countervailing Duty (CVD) 
Administrative Review: Circular Welded Carbon Steel Pipes and Tubes from Turkey , 
POR 01/01/13 -12/31/13  (March 31, 2 015).  
9. Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of 
Countervailing Duty Administrative Review; Calendar Year 2013 and Rescission of 
Countervailing Duty Administrative Review, in Part , 80 FR 61361 (October 13, 2015).  
10. Decision Me morandum for the Final Results of Countervailing Duty Administrative 
Review: Circular Welded Carbon Steel Pipes and Tubes from Turkey , POR 01/01/13 -
12/31/13  (October 5, 2015).  
11. Circular Welded Carbon Steel Pipes and Tubes from Turkey: Amended Final Results of 
Countervailing Duty Administrative Review, 2013 , 80 FR 70186 (November 13, 2015).  
 
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