WT/DS546 /1 
G/L/1235  
G/SG/D52/1  
 
16 May 2018  
(18-2919) Page: 1/3 
  Original: English  
 
UNITED STATES – SAFEGUARD MEASURE ON  IMPORTS OF  
LARGE RESIDENTIAL WA SHERS  
REQUEST FOR CONSULTA TIONS BY THE REPUBLIC OF KORE A 
The following communication, dated 14 May 2018 , from the delegation of the Rep ublic of Korea  to 
the delegation of the United  States  and to the Chairperson of the Dispute Settlement Body, is 
circulated in accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
1.  Upon instructions from my authorities, and on behalf of the Government of the Republic of 
Korea ( "Korea "), I hereby r equest consultations with the Government of the United States of 
America ( "United States ") pursuant to Articles 1 and 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes ("DSU"), Article XXII:1 of the General 
Agreement on Tariffs  and Trade 1994 ("GATT 1994 "), and Article 14 of the Agreement on 
Safeguards , regarding the definitive safeguard measure imposed by the  United States on imports 
of large residential washers.  
2.  The United States imposed the definitive safeguard measure  on imports of large residential 
washers pursuant to "Proclamation 9694 of January 23, 2018 - To Facilitate Positive Adjustment to 
Competition from Imports of Large Residential Washers " (83 FR 3553).1 
3.  This request also concerns any modification, review, re placement or amendment to the 
definitive safeguard measure on large residential washers, including any closely connected, 
subsequent measures to determine the form and amount of safeguard remedy, as well as the 
underlying reports, memoranda and other docum ents supporting the safeguard measure.  
4.  Korea notes that according to Article 11.1(a) of the Agreement on Safeguards, a Member shall 
not take or seek any emergency action on imports of particular products as set forth in Article XIX 
of the GATT 1994 unless such action conforms with the provisions of that Article applied in 
accordance with the Agreement on Safeguards.  In this respect, Korea is concerned that the 
safeguard measure is inconsistent with the obligations of the United States under the GATT 1994 
and the Agreement on Safeguards.  In particular, Korea considers that the safeguard measure 
imposed by the United States on large residential washers fails to comply with, but not limited to, 
the following provisions : 
a. Article XIX:1(a) of the GATT 1994 and A rticles 1 and 3.1 of the Agreement on Safeguards 
because the United States failed  to make a determination regarding (i) the existence of 
unforeseen developments resulting in increased imports and (ii) the effect of the 
obligations incurred under the GATT 1 994; 
b. Articles 2.1 and 3.1 of the Agreement on Safeguards since  the United States failed to 
properly  make a determination , including a reasoned and adequate explanation that the 
                                                
1 The safeguard measure on large residential washers is based on the USITC determination of injury on 
5 October 2017 and the report to the President on 4 December 2017 regarding the Investigation No.TA -201-
076.  See, Public Report, Large Residential Washers,  Inv. No. TA -201-076, USITC Pub. 4745 (Dec. 2017), a 
summary of which was published on 8 December 2017 in the U.S. Federal Register under citation "82 FR 
58026" . WT/DS546 /1 • G/L/1235 • G/SG/D52/1  
 
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  subject imports increased "in such quantities and under such conditions " to cause  serious 
injury to the domestic industry;  
c. Articles 2.1, 3.1, 4.1 and 4.2 of the Agreement on Safeguards as the United States failed 
to make a proper determination and to provide a reasoned and adequate explanation of a 
significant overall impairment i n the position of the domestic industry to support its 
conclusion that the domestic industry was suffering "serious injury or threat of serious 
injury ", including with respect to all products covered by the measure;  
d. Articles 2.1, 3.1 and 4.2 of the Agreeme nt on Safeguards because  the safeguard measure 
is not supported by a reasoned and adequate explanation of how the subject imports 
"cause or threaten to caus e" serious injury to the domestic industry , and because the 
United States failed to properly conduct  a non-attribution analysis to separate and 
distinguish the effects of "other factors " causing  or threatening to cause  injury ; 
e. Articles 2.1, 3.1, 4.1(c) and 4.2 of the Agreement on Safeguards since  the United States 
did not  properly define  the scope of the  investigation and  the domestic industry by failing 
to limit the scope of the domestic industry to only those producers producing the "like or 
directly competitive products " to the subject imports and by including in the examination 
of injury to the domest ic industry products that were expressly excluded from the scope of 
the investigation;  
f. Articles 2.1, 2.2, and 4.2 of the Agreement on Safeguards because the United States failed 
to respect the requirement of parallelism between the scope of the investigat ion and the 
scope of the safeguard measure;  
g. Articles 3.1 and 3.2 of the Agreement on Safeguards since the United States  did not 
provide the interested parties with sufficient opportunities to participate, including as a 
result of the failure to respect the  requirements on granting confidential treatment and the 
availability of sufficiently informative non -confidential summaries, as well as the United 
States ' failure to set forth in the published report the findings and reasoned conclusions on 
all pertinent issues of fact and law, including the conditions on which the measure w as 
imposed , the nature and level of the actual measure , and a ground for excluding  certain 
sourc es;  
h. Articles 5.1 and 7.4 of the Agreement on Safeguards as a result of the United States ' 
failure to grant relief only to the "extent necessary " and to limit that relief to serious injury 
caused by increased imports at the time of imposition of the measur e as well as at the 
stages of progressive liberalization;   
i. Article 7.1 of the Agreement on Safeguards because the United States failed  to grant relief 
only "for such period of time as may be necessary to prevent or remedy serious injury and 
to facilitate a djustment ";  
j. Article 8.1 of the Agreement on Safeguards  to the extent that the United States fail ed to 
endeavor to maintain a substantially equivalent level of concessions and other obligations 
under the GATT 1994 between the United States and Korea in acc ordance with Article 12.3 
of the Agreement on Safeguards;  
k. Articles 12.1, 12.2 and 12.3 of the Agreement on Safeguards since the United States failed 
to provide immediate notifications with all pertinent information and failed to provide 
Korea with an adequ ate opportunity to commence  prior consultations;  
l. Article X:3 of the GATT 1994  because the measure is not based on  a uniform, impartial 
and reasonable administration of the relevant U .S. laws and regulations;  
m. Article I:1 of the GATT 1994 because  the safeguard measure discriminates between the 
products originat ing in Korea and  the like products originating in other WTO Members ; and  
n. Article II of the GATT 1994  because the safeguard  measure amount s to a withdrawal or 
modification of the United States ' concessions without a justification under Article XIX of 
the GATT 1994, the Agreement on S afeguards or any other provisions of the WTO 
Agreement.  
5.  In sum, Korea is concerned that the safeguard measure on large residential washers is 
inconsistent with the rel evant obligations of the United States under the GATT 1994 and the 
Agreement on Safeguards.  The United States ' measure appears to nullify or impair the benefits 
accruing to Korea directly or indirectly under the above Agreements .  WT/DS546 /1 • G/L/1235 • G/SG/D52/1  
 
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  6.  Korea reserves the right  to raise additional factual and legal issues, and to address additional 
measures and claims regarding the above matter, in the course of the consultations and in any 
request for the establishment of a panel.  
7.  Korea looks forward to receiving the United Sta tes' reply to this request and to determining  a 
mutually acceptable date and venue for consultations.  
 
 
__________