WT/DS513/1, G/ADP/D114/1  
G/L/1152, G/LIC/D/51  
 
7 October 2016  
(16-5379) Page: 1/2 
  Original: English  
 
  MOROCCO - ANTI -DUMPING MEASURES ON CERTAIN HOT -ROLLED STEEL FROM TU RKEY  
REQUEST FOR CONSULTA TIONS BY TURKEY  
The following communication, dated 3 October 2016 , from the delegation of Turkey  to the 
delegation of Morocco  and to the Chairperson of the Dispute  Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
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Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes , Article 17.3 of the Agreement on Implementation of Articl e VI of the General Agreement 
on Tariffs and Trade 1994 (the "Anti -Dumping Agreement"), Article XXIII:1 of the General 
Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and Article 6 of the Agreement on 
Import Licensing Procedures  (the "Import Licensi ng Agreement"), the Government of the Republic 
of Turkey requests consultations with the Kingdom of Morocco with respect 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 investigation underlying those measures.1 
Turkey is particularly concerned about the following aspects of the measures at issue:  
1. Duration of the Investigation:  The Moroccan authorities failed to conclude the 
investigation within the maximum 18 -month deadline contained in Article 5.10 of the 
Anti-Dumping Agreement and therefore acted incon sistently with this provision.  
 
2. Use of Facts Available to Determine Dumping Margins:  The Moroccan authorities' 
stated reason for applying facts available to the Turkish exporters was that they had 
failed to report all of their sales to Morocco during the investigation period, as the 
authorities allegedly identified discrepancies in the data. However, the Moroccan 
authorities appear to have f ailed to provide the Turkish exporters with an opportunity 
to explain the alleged discrepancies, failed to take into account evidence in the record 
regarding these discrepancies, and applied facts available to determine the dumping 
margins of the Turkish e xporters without using "special circumspection". The Moroccan 
authorities' decision to reject the exporters' questionnaire responses and determine 
dumping margins on the basis of facts available is ther efore inconsistent with 
Article  6.8 and paragraphs 1, 3, 5, 6, and 7 of Annex II to the Anti -Dumping 
Agreement.  
 
3. Disclosure of Essential Facts:  The Moroccan authorities ac ted inconsistently with 
Article  6.9 of the Anti -Dumping Agreement by failing to disclose essential facts with 
respect to the decision  to use facts available.  
                                               
1 Morocco initiated the investigation at issue on 21 January 2013. T his 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 -Dumping Agreement, G/ADP/N/259/MAR, dated 15 October 2014, at 3. The definitive measures were 
published in Morocco's Official Journal No. 6294 of 25 September 2014, and came into force on 
26 September  2014.  They were notified to the WTO Committee on Anti -Dumping Practi ces in 
G/ADP/N/272/MAR, dated 6  October 2015, at 5.  WT/DS513/1 • G/ADP/D1 14/1 • G/L/1152 • G/LIC/D/51  
 
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  4. Import Restrictions:  The use by the Moroccan authorities of registration/licensing 
requirements and the failure of the Moroccan authorities to issue import licenses 
following the imposition of provisional anti -dumping measures appears to  be an 
additional impermissible "specific action against dumping" that is inconsistent with 
Article 18.1 of the Anti -Dumping Agreement. Moreover, this measure appears to be 
inconsistent with Articles I:1, X:1, X:2, X:3(a) and XI:1 of the GATT 199 4 and 
Articles 3.2 and 3.3 of the Import Licensing Agreement.  
 
5. Injury/Causation Determination : The Moroccan authorities failed to provide a reasoned 
and adequate explanation of their finding of injury and causation and therefore acted 
inconsistently with Articles 3. 1, 3.2, 3.4, and 3.5 of the Anti -Dumping Agreement.  
 
Turkey considers 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, and the specific 
provisions c ited above. In addition to the legal instruments embodying the measures at issue, this 
request also covers any amendments, extensions, related instruments, and practices. Turkey 
reserves the right to raise additional legal claims or matters during the cour se of consultations.  
Turkey looks forward to receiving your response to this request. I propose that the date and venue 
of the consultations be agreed between our two M issions.  
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