RESTRICTED
WT/DSB/M/358
20 April 2015
(15-2077)  Page: 1/3
Dispute Settlement Body 
10 March 2015   
 
MINUTES OF MEETING 
HELD IN THE CENTRE WILLIAM RAPPARD 
ON 10 MARCH 2015 
Chairman: Mr. Harald Neple (Norway) 
Table of Contents 
1   CANADA – ANTI-DUMPING MEASUR ES ON IMPORTS OF CERTAIN CARBON 
STEEL WELDED PIPE FROM THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU ......................................................................................... 1
 
A.  Request for the establishment of a panel by the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu .................................................................................... 1  
2   CHINA – ANTI-DUMPING MEASURES ON IMPORTS OF CELLULOSE PULP FROM 
CANADA ........................................................................................................................ ... 2 
A.  Request for the establishment of a panel by Canada .......................................................... 2  
3   RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND 
MANUFACTURING PRODUCTS........................................................................................... 2  
A.  Request for the establishment of a panel by the European Union ......................................... 2  
4   UNITED STATES – ANTI-DUMPING  MEASURES ON CERTAIN OIL COUNTRY 
TUBULAR GOODS FR OM KOREA ........................................................................................ 3  
A.  Request for the establishm ent of a panel by Korea ............................................................ 3  
 
 
1  CANADA – ANTI-DUMPING MEASURES ON IMPORTS OF CERTAIN CARBON STEEL 
WELDED PIPE FROM THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU 
A.  Request for the establishment of a pa nel by the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu (WT/DS482/2) 
1.1.  The Chairman recalled that the DSB had considered this matter at its meeting on 
23 February 2015. He drew attention to the comm unication from the Separate Customs Territory 
of Taiwan, Penghu, Kinmen and Matsu containe d in document WT/DS482/2, and invited the 
representative of that delegation to speak. 
1.2.  The representative of Chinese Taipei said that, for the second time, the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu wi shed to request that the DSB establish a panel 
to examine the anti-dumping measures imposed by Canada, and the relevant Canadian laws. At the previous DSB meeting, her delegation ha d explained the inconsistency between these 
challenged measures and the WTO Agreements. However, those inconsistent measures were still 
being imposed and there was no signalled intention to remove them and to modify the relevant laws. Therefore, her delegation was left with no choice, but to request the establishment of a panel to secure a solution to this dispute. WT/DSB/M/358 
 
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  1.3.  The representative of Canada said that his country was disappointed that the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu had decided to request, for the second 
time, a panel with respect to Canada's anti-dumping measures on imports of carbon steel welded pipe. Canada remained confident that the measures identified in the panel request before the DSB 
at the present meeting were consistent with Canada's obligations under the WTO Agreement. 
Canada understood that a panel would be established at the present meeting, and was prepared to engage in these proceedings to ensure the effective resolution of this dispute. 
1.4.  The DSB took note of the statements and agreed to establish a panel in accordance with the 
provisions of Article 6 of the DSU with standard terms of reference. 
1.5.  The representatives of China, the EU, Korea, Norway, the United Arab Emirates and 
the United States reserved their third-party rights to participate in the Panel's proceedings. 
2  CHINA – ANTI-DUMPING MEASURES ON IMPORTS OF CELLULOSE PULP FROM CANADA 
A.  Request for the establishment of a panel by Canada (WT/DS483/2) 2.1.  The Chairman recalled that the DSB had considered this matter at its meeting on 
23 February 2015. He drew attention to the communication from Canada contained in document 
WT/DS483/2, and invited the representative of Canada to speak. 
2.2.  The representative of Canada said that, at  the previous DSB meeting, Canada had made its 
first request for the establishment of a panel regarding China's measures that imposed 
anti-dumping duties on imports of cellulose pulp fr om Canada. As it had explained at that meeting, 
and as was set out in its panel request in document WT/DS483/2, Canada considered China's measures to be inconsistent with its obligations under the Anti-Dumping Agreement and the 
GATT 1994. Canada had already set out its reasons for proceeding with this dispute in its panel 
request and would not repeat them at the presen t meeting. Canada, once again, requested that 
the DSB establish a panel in this dispute with standard terms of reference. Canada remained open 
nonetheless to continuing its dialogue with China in order to find a way to address its concerns. 
2.3.  The representative of China said that, once  again, his country was disappointed that Canada 
had requested the establishment of a panel in this dispute. As it had stated at the 
23 February 2015 DSB meeting, China had engaged constructively and in good faith in the 
consultations in order to address Canada's questions and concerns. China was convinced that the measure identified in the panel request was consistent with its WTO obligations. China understood that a panel would be established at the presen t meeting and would defend its measure in the 
proceedings. 
2.4.  The DSB took note of the statements and agreed to establish a panel in accordance with the 
provisions of Article 6 of the DSU with standard terms of reference. 
2.5.  The representatives of Chile, the EU, Japan,  Korea, Norway and the United States reserved 
their third-party rights to participate in the Panel's proceedings 
3  RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING 
PRODUCTS 
A.  Request for the establishment of a panel by the European Union (WT/DS485/6) 
3.1.  The Chairman drew attention to the comm unication from the European Union contained in 
document WT/DS485/6, and invited the representative of the European Union to speak. 
3.2.  The representative of the European Union sa id that the EU was requesting the establishment 
of a panel to examine the tariff treatment that Russia accorded to certain goods in both 
agricultural and manufacturing sectors, with standa rd terms of reference. Th is request followed the 
EU efforts to find a solution with Russia since it joined the WTO, including through formal WTO 
consultations that had been held in November 2014. Despite those efforts, the measures were still in place and continued to severely hamper trade. In addition to their negative economic impact, 
those measures also raised important systemic concerns. In fact, the Russian Federation subjected WT/DSB/M/358 
 
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  a number of goods to import duties that exceeded the bound levels recorded in its Schedule. This 
was inconsistent with one of the WTO's most basic rules, enshrined in Article II of the GATT 1994. Under those circumstances, the EU had no choice but to request the establishment of a panel to 
rule on this matter. 
3.3.  The representative of the Russian Federati on said that her country regretted that the EU 
requested the establishment of a panel to examine this matter. Russia had participated in the 
consultations held on this matter with the EU in good faith, with the intention of finding a mutually 
satisfactory solution. Russia was convinced that th is matter could be successfully resolved through 
further consultations. For those reasons, Russia was not in a position to agree to the establishment of a panel at the present meeting. Russia would seek  the continuation of the consultation process. 
3.4.  The DSB took note of the statements and agreed to revert to this matter. 
4  UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN OIL COUNTRY TUBULAR 
GOODS FROM KOREA 
A.  Request for the establishment of a panel by Korea (WT/DS488/5) 
4.1.  The Chairman drew attention to the communication from Korea contained in document 
WT/DS488/5, and invited the representative of Korea to speak. 
4.2.  The representative of Korea said that his country had filed its request for the establishment 
of a panel in this dispute on 23 February 2015. This dispute concerned anti-dumping measures 
imposed by the United States on certain oil country tubular goods from Korea. Korea believed that the measures were inconsistent with the US obligations under the WTO Agreements. More specifically, Korea challenged the legality of: (i) USDOC's use of constructed value to determine 
normal value; (ii) USDOC's calculation of constructed value profit; (iii) USDOC's finding of 
affiliation between the company NEXTEEL and NEXT EEL's supplier/customer; and (iv) procedural 
claims under the Anti-Dumping Agreement and th e GATT 1994. The reasons for this request were 
explained in detail in Korea's panel request and his delegation would not repeat them at the 
present meeting. Korea and the United States had held consultations on 21 January 2015. While the consultations had been helpful in understanding each other's respective positions on this 
matter, they had not led to a mutually satisfacto ry resolution of the dispute. The US measures 
continued to nullify or impair the benefits accruing to Korea directly or indirectly under the cited Agreements. Therefore, Korea requested that a pa nel be established, with standard terms of 
reference as set out in Article 7.1 of the DSU. 
4.3.  The representative of the United States said that his country was disappointed that Korea 
had chosen to request the establishment of a panel with regard to this matter. As the 
United States had explained to Korea, the measures  identified in its request were fully consistent 
with US obligations under the WTO Agreement. For these reasons, the United States was not in a 
position to agree to the establishment of a panel at the present meeting. 
4.4.  The DSB took note of the statements and agreed to revert to this matter. 
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