WT/DS513/2  
 
13 January 2017  
(17-0260) Page: 1/3 
  Original: English  
 
 MOROCCO - ANTI -DUMPING MEASURES ON CERTAIN HOT -ROLLED STEEL FROM TU RKEY  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY TURKEY  
The following communication, dated 12 January  2017, from the delegation of Turkey  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On 3 October 2016, Turkey requested consultations with Morocco pursuant to Article 4 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) , Article 17.3 
of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 
1994 (Anti-Dumping Agreement), Article XXIII:1 of the General Agreement on Tariffs and Trade 
1994 (GATT 1994), and Article 6 of the Agreement on Import Licensing  Procedures (Import 
Licensing Agreement). These consultations were related to the imposition of definitive anti -
dumping measures by Morocco on imports of certain hot -rolled steel products from Turkey, and 
with respect to certain aspects of the investigatio n underlying those measures.   
Consultations were held on 18 and 28 November 2016 with a view to reaching a mutually 
satisfactory solution. However, these consultations failed to resolve the dispute. Therefore, in 
accordance with Articles 4.7 and 6 of the DSU, Article 17.4 of the Anti -Dumping Agreement, 
Article  XXIII of the GATT 1994, and Article 6 of the Import Licensing Agreement, Turkey requests 
that the Dispute Settlement Body (DSB) establish a panel to examine this matter. Pursuant to 
Article 6.2 of th e DSU, Turkey proceeds infra to identify the specific measures at issue and to 
provide a brief summary of the legal basis of the complaint.  
A. THE MEASURES AT ISSUE  
The measures at issue are:  
 The definitive anti -dumping measures imposed on imports of certai n hot -rolled steel 
products from Turkey, as a result of the investigation initiated by Morocco's Ministry of 
Industry, Trade, Investment and Numerical Economy (Investigating Authority) on 21 
January 2013.1 The definitive measures were published in Morocco' s Official Journal 
No. 6294 of 25 September 2014, and came into force on 26 September 20142; and  
 Import restrictions imposed by Morocco pursuant to Article 63 of the Decree 
implementing Morocco's trade remedies legislation ( Décret n° 2 -12-645 du 13 safar 
1434 (27 décembre 2012) pris pour l'application de la loi n° 15 -09 relative aux 
                                                
1 This is also the date of initiation listed by Morocco in its Semi -Annual Report to the WTO Committee on 
Anti-Dumping Practices under Article 16.4 of the Anti -Dumpin g Agreement, G/ADP/N/259/MAR, dated 15 
October 2014, p. 3.  
2 The Investigating Authority's Definitive Determination is found in the Rapport final de l’enquête 
antidumping sur les importations de tôles d’acier laminées à chaud originaires de l’Union Europée nne et de la 
Turquie, Détermination finale de l’existence du dumping, du dommage et du lien de causalité  (Definitive 
Determination).  The definitive measures were notified to the WTO Committee on Anti -Dumping Practices in 
G/ADP/N/272/MAR, dated 6 October 2 015, at 5. This request includes the Preliminary Determination on the 
existence of dumping, injury and causal link of 30 October 2013, to the extent that the Investigating Authority 
based its findings on that document.  WT/DS513/2  
 
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  mesures de défense commerciale ) ("Décret n° 2 -12-645") in the form of the 
requirement of a "prior import declaration" for goods subject to anti -dumping duties.3  
In addition, th is request covers any amendments, extensions, related instruments or practices, 
including methodologies, the results of any review proceedings, whether initiated prior to or 
following this panel request or the establishment of the panel, as well as impleme nting measures.  
B. LEGAL BASIS FOR THE COMPLAINT  
The measures at issue are inconsistent with Morocco's obligations under the Anti -Dumping 
Agreement, the GATT 1994, and the Import Licensing Agreement for the following reasons:  
1. Duration of the investigation:   The Investigating Authority failed to conclude the 
investigation at issue within the maximum 18 -month deadline contained in Article 5.10 
of the Anti -Dumping Agreement and therefore acted inconsistently with this provision.   
 
2. Use of facts available to deter mine dumping margins:   The Investigating Authority 
rejected all of the Turkish exporters' reported sales, cost and other data and instead 
determined dumping margins on the basis of "facts available". The Investigating 
Authority's stated reason for doing so  was that, in their questionnaire responses, the 
Turkish exporters had failed to report all of their sales of the investigated products to 
Morocco during the investigation period, due to alleged discrepancies between Morocco's 
import statistics and the exp orters' submissions to the Investigating Authority. The 
Investigating Authority's decision to reject the above -mentioned data in the exporters' 
questionnaire responses and to determine dumping margins on the basis of "facts 
available" is inconsistent with Article 6.8 and paragraphs 1, 3, 5, 6, and 7 of Annex II to 
the Anti -Dumping Agreement.   
 
In particular, the Investigating Authority improperly determined that the Turkish 
exporters had failed to provide, or otherwise impeded access to, necessary informat ion 
within the meaning of Article 6.8 and, in doing so, failed to comply with the following 
requirements of Annex II: (i) paragraph 1, which requires the investigating authority to 
specify in detail the information required from an exporter; (ii) paragraph  3, which 
provides that all verifiable information submitted by an exporter shall be taken into 
account when determinations are made; (iii) paragraph 5, which provides that 
investigating authorities may not disregard information simply because it is not id eal in 
all respects; (iv) paragraph 6, which provides that an exporter should have an 
opportunity to provide further explanations when information is rejected; and (v) 
paragraph 7, which details the steps to be followed with respect to the use of 
informati on from secondary sources.   
 
3. Disclosure of essential facts regarding the dumping analysis:  The Investigating Authority 
acted inconsistently with Article 6.9 (first sentence) of the Anti -Dumping Agreement by 
failing to disclose all essential facts with res pect to the decision to use facts available, 
including the precise basis for the authority's decision to resort to facts available, the 
steps the Investigating Authority took to determine whether the information submitted 
by the exporters was not reliable,  and the manner in which the Investigating Authority 
used information from secondary sources. Moreover, the Investigating Authority failed to 
disclose to the exporters its decision to reject the export sales data and to use facts 
available. Instead, the In vestigating Authority provided that information only in its 
Definitive Determination, which was too late to enable the exporters to defend 
themselves within the meaning of Article 6.9 (second sentence) of the Anti -Dumping 
Agreement.  
 
                                                
3 The requirements of Article 63 of Décret n° 2 -12-645 were imposed in this instance pursuant to 
Royaume du Maroc, Ministère de l'lndustrie, du Commerce et des Nouvelles Technologies, Département du 
Commerce Extérieur, Direction de la Politique des Echanges Commerciaux, Avis aux Importateurs,  N° 11/13  ; 
Royaume du Maroc, Ministère de l'lndustrie, du Commerce et des Nouvelles Technologies, Département du 
Commerce Extérieur, Direction de la Politique des Echanges Commerciaux, Avis aux Importateurs, N° 19/14.   
All of these instruments of Moroccan  law form part of the measures at issue in this dispute.  WT/DS513/2  
 
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  4. Injury determination:  The Investigating Authority  failed to conduct an appropriate 
examination of injury to the domestic industry. In particular:   
a. The Investigating Authority acted inconsistently with Articles 3.1 and 3.4 of the 
Anti-Dumping Agreement and Article VI:6(a) of th e GATT 1994 by finding that the 
domestic industry was not "established"4, and by determining that the 
establishment of that industry was retarded5; 
b. The Investigating Authority acted inconsistently with Article 3.4 of the Anti -
Dumping Agreement by failing t o assess all the relevant injury factors set out in 
that provision. Moreover, the Investigating Authority failed to conduct an 
appropriate examination of each of the factors it analysed, as well as an objective 
and unbiased assessment of all these factors collectively.  
c. The Investigating Authority also acted inconsistently with Article 6.9 of the Anti -
Dumping Agreement by failing properly to provide the "profitability threshold" 
used for its finding of material retardation of the establishment of the domesti c 
industry, or alternatively a non -confidential summary of that information.    
d. The Investigating Authority acted inconsistently with Articles 6.5 and 6.5.1 of the 
Anti-Dumping Agreement by failing to require the applicant to submit a non -
confidential summ ary of the "profitability threshold" used for its finding of material 
retardation of the establishment of the domestic industry, or an explanation of 
why it could not be summarized.  
5. Import restrictions:   The requirement under Article 63 of Décret n° 2 -12-645 that 
importers must provide "prior import declarations" for goods subject to anti -dumping 
investigations constitutes additional, impermissible, "specific action against dumping" 
that is inconsistent with Article 18.1 of the Anti -Dumping Agreement.  Fur thermore, 
these measures are inconsistent with Articles I:1, X:3(a), and XI:1 of the GATT 1994 
and Articles 3.2 and 3.3 of the Import Licensing Agreement.  
It appears to Turkey that Morocco's investigation and definitive measures cannot be reconciled 
with Article VI of the GATT 1994, Articles 1 and 18 of the Anti -Dumping Agreement, as well as the 
specific provisions cited above.  
Turkey considers that the measures described above nullify and impair benefits accruing to Turkey 
under the Anti -Dumping Agreement , the GATT 1994, and the Import Licensing Agreement.  
C. REQUEST FOR THE ESTABLISHMENT OF A PANEL  
In the light of the above, in accordance with Articles 4.7 and 6 of the DSU, Article 17.4 of the Anti -
Dumping Agreement, Article XXIII of the GATT 1994, and Artic le 6 of the Import Licensing 
Agreement, Turkey requests that the DSB establish a panel to examine this matter. Turkey further 
requests that the panel have the standard terms of reference, as set forth in Article 7.1 of the 
DSU. 
Turkey asks that this reques t be placed on the agenda of the DSB meeting to be held on 
25 January 2017.  
 
 
__________  
                                                
4 Definitive Determination, para. 111.  
5 Definitive Determination, para. 195.