WORLD TRADE  
ORGANIZATION   
WT/DS420/5 
10 February 2012 
 (12-0827) 
 Original:   English 
  
 
UNITED STATES – ANTI-DUMPING MEASURES ON CORROSION-RESISTANT  
CARBON STEEL FLAT PRODUCTS FROM KOREA 
 
Request for the Establishment of a Panel by Korea 
   The following communication, dated 9 February 2012, from the delegation of Korea to the Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 6.2 of the DSU. 
 
_______________ 
 
  Upon instructions from my authorities, I hereby  convey the request of the Government of the 
Republic of Korea ("Korea") to the Dispute Settleme nt Body ("DSB") for the establishment of a panel 
under Article XXIII:1 of the General Agreement on Tariffs and Trade 1994  ("GATT 1994"), Articles 
4 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes  
("DSU"), and Article 17.4 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994  ("Anti-Dumping Agreement") with respect to certain 
anti-dumping measures imposed by the United States on imports of corrosion-resistant carbon steel flat products from Korea, as further described below. 
 
A. Prior Consultations 
 
 On 31 January 2011, Korea requested consulta tions with the United States under Article 4 of 
the DSU, Article XXII of the GATT 1994, and Article 17 of the Anti-Dumping Agreement.1  These 
consultations were requested concerning anti- dumping measures imposed by the United States on 
imports of corrosion-resistant carbon steel flat produc ts from Korea.  Consultations were held on 
25 March 2011 and 18 May 2011, resp ectively.  These consultations provided helpful clarifications, 
but have failed to resolve the dispute.  
B. The Measures at Issue 
 
 The measures at issue are specific instances in which the United States Department of 
Commerce ("USDOC") applied the zeroing methodology in following proceedings: (1) administrative review determinations, the imposition of cash depo sit requirements, and subsequent assessment of 
final anti-dumping duties pursuant thereto; and (2) s unset review determinations.  More specifically, 
these specific instances in which the USDOC a pplied the zeroing methodology are as follows: 
 
                                                      
1 WT/DS420/1. WT/DS420/5 
Page 2  
 
  1. Administrative Review Determinations and Subsequent Assessment of Final Anti-Dumping 
Duties Pursuant Thereto 
 
a. The USDOC initiated its second anti-dumping duty administrative review of certain 
corrosion-resistant carbon steel flat products from Korea on 5 September 1995.2  The USDOC 
conducted its administrative review of the ex tent of dumping under the statutory authority 
provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results on 15 April 1997,
3 and amended the results on 20 June 19974 and 11 June 2002.5  T h e  
USDOC's final and amended results and its fina l determination reflected and contained anti-
dumping margins, cash deposits and duty rates that were calculated by using zeroing.  
b. The USDOC initiated its third anti-dumping duty administrative review of certain corrosion-
resistant carbon steel flat products from Korea on 13 September 1996.6  The USDOC 
conducted its administrative review of the ex tent of dumping under the statutory authority 
provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the 
regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results 
on 18 March 1998,7 and amended the results on 27 April 19988 and 11 June 20029.  The 
USDOC's final and amended results and its fina l determination reflected and contained anti-
dumping margins, cash deposits and duty rates that were calculated by using zeroing.  
c. The USDOC initiated its fourth anti-dumping duty administrative review of certain corrosion-
resistant carbon steel flat products from Korea on 19 September 1997.10  The USDOC 
conducted its administrative review of the ex tent of dumping under the statutory authority 
provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results on 16 March 1999.
11  The USDOC's final results and its final determination reflected and 
contained anti-dumping margins, cash deposits and duty rates that were calculated by using 
zeroing.  
                                                      
2 See Initiation of Antidumping Duty Administrative Reviews , 60 Fed. Reg. 46817 (5 September 1995). 
3 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from Korea: Final 
Results of Antidumping Duty Administrative Reviews , 62 Fed. Reg. 18404 (15 April 1997). 
4 See Notice of Amended Final Results of Antidumping Administrative Reviews: Certain Cold-Rolled 
Carbon Steel Flat Products from Korea; Certain Corrosion-Resistant Carbon Steel Flat Products From the 
Republic of Korea , 62 Fed. Reg. 33587 (20 June 1997). 
5 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products From the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Reviews in Accordance with Court 
Decision , 67 Fed. Reg. 39955 (11 June 2002). 
6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 61 Fed. Reg. 48882 
(17 September 1996). 
7 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from Korea: Final 
Results of Antidumping Duty Administrative Reviews , 63 Fed. Reg. 13170 (18 March 1998). 
8 See Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Certain Cold-
Rolled Carbon Steel Flat Products from Korea; Certain Corrosion-Resistant Carbon Steel Flat Products from 
Korea , 63 Fed. Reg. 20572 (27 April 1998). 
9 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from the Republic of 
Korea: Amended Final Results of Antidumping Duty Administrative Reviews in Accordance with Court Decision , 67 Fed. Reg. 39956 (11 June 2002). 
10 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part , 62 Fed. Reg. 50292 (25 September 1997). 
11 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from Korea: Final 
Results of Antidumping Duty Administrative Reviews , 64 Fed. Reg. 12927 (16 March 1999).  WT/DS420/5 
 Page 3 
 
 
  d. The USDOC initiated its fifth anti-dumping duty administrative review of certain corrosion-
resistant carbon steel flat products from Korea on 23 September 1998.12  The USDOC 
conducted its administrative review of the ex tent of dumping under the statutory authority 
provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the 
regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results on 13 March 2000,
13 and amended the results on 25 April 2000.14 The USDOC's final and 
amended results and its final determination reflected and c ontained anti-dumping margins, 
cash deposits and duty rates that we re calculated by using zeroing.  
e. The USDOC initiated its sixth anti-dumping duty administrative review of certain corrosion-
resistant carbon steel flat products from Korea on 24 September 1999.15  The USDOC 
conducted its administrative review of the ex tent of dumping under the statutory authority 
provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results on 16 January 2001,
16 and amended the results on 14 March 2001.17 The USDOC's final and 
amended results and its final determination reflected and c ontained anti-dumping margins, 
cash deposits and duty rates that we re calculated by using zeroing.  
f. The USDOC initiated its seventh anti-dumping duty administrative review of certain 
corrosion-resistant carbon steel flat products from Korea on 26 September 2000.18  T h e  
USDOC conducted its administrative review of the extent of dumping under the statutory 
authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and 
under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 18 March 2002,19 and amended the results on 29 April 2002.20 The USDOC's 
final and amended results and its final determination reflect ed and contained anti-dumping 
margins, cash deposits and duty rates that were calculated by using zeroing.  
g. The USDOC initiated its tenth anti-dumping duty administrative review and new shipper 
review of certain corrosion-resistant carbon st eel flat products from Korea on 30 September 
2003.21  The USDOC conducted its administrative review of the extent of dumping under the 
                                                      
12 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part ,  63 Fed. Reg. 51893 (29 September 1998). 
13 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from Korea: Notice of 
Final Results of Antidumping Duty Administrative Reviews , 65 Fed. Reg. 13359 (13 March 2000). 
14 See Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Certain Cold-
Rolled and Corrosion-Resistant Carbon Steel Flat Products from Korea , 65 Fed. Reg. 24180 (25 April 2000). 
15 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part, 64 Fed. Reg. 53318 (1 October 1999). 
16 See Notice of Final Results of Antidumping Duty Administrative Reviews: Certain Cold-Rolled and 
Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 66 Fed. Reg. 3540 (16 January 
2001). 
17 See Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Certain Cold-
Rolled and Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 66 Fed. Reg. 14883 
(14 March 2001). 
18 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part, 65 Fed. Reg. 58733 (2 October 2000). 
19 See Notice of Final Results of Antidumping Duty Administrative Reviews: Certain Cold-Rolled and 
Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 67 Fed. Reg. 11976 (18 March 
2002). 
20 See Notice of Amended Final Results of Antidumping Duty Administrative Reviews: Cold-Rolled and 
Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 67 Fed. Reg. 20956 (29 April 
2002). 
21 See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request 
for Revocation in Part and Deferral of Administrative Review ,  68 Fed. Reg. 56262 (30 September 2003). WT/DS420/5 
Page 4  
 
  statutory authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., 
and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 14 March 2005.22  The USDOC's final results and its final determination 
reflected and contained anti-dumping margins,  cash deposits and duty rates that were 
calculated by using zeroing.  
h. The USDOC initiated its eleventh anti-dumping duty administrative review of certain 
corrosion-resistant carbon steel flat products from Korea on 22 September 2004.23  T h e  
USDOC conducted its administrative review of the extent of dumping under the statutory authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 13 February 2006,
24 and amended the results on 20 March 2006.25 The 
USDOC's final and amended results and its fina l determination reflected and contained anti-
dumping margins, cash deposits and duty rates that were calculated by using zeroing.  
i. The USDOC initiated its twelfth anti-dumping  duty administrative review of certain 
corrosion-resistant carbon steel flat products from Korea on 28 September 2005.26  T h e  
USDOC conducted its administrative review of the extent of dumping under the statutory 
authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 20 March 2007,
27 and amended the results on 26 April 2007.28 The USDOC's 
final and amended results and its final determination reflect ed and contained anti-dumping 
margins, cash deposits and duty rates that were calculated by using zeroing.  
j. The USDOC initiated its thirteenth anti-dumping duty administrative review and new shipper 
review of certain corrosion-resistant carbon st eel flat products from Korea on 29 September 
2006.29  The USDOC conducted its administrative review of the extent of dumping under the 
statutory authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 17 March 2008.
30  The USDOC's final results and its final determination 
reflected and contained anti-dumping margins,  cash deposits and duty rates that were 
calculated by using zeroing.  
                                                      
22 See Notice of Final Results of the Tenth Administrative Review and New Shipper Review of the 
Antidumping Duty Order on Certain Corrosion–Resistant Carbon Steel Flat Products from the Republic of 
Korea, 70 Fed. Reg. 12443 (14 March 2005). 
23 See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and 
Request for Revocation in Part , 69 Fed. Reg. 56745 (22 September 2004). 
24 See Notice of Final Results of the Eleventh Administ rative Review of the Antidumping Duty Order on 
Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 71 Fed. Reg. 7513 (13 
February 2006). 
25 See Notice of the Amended Final Results of the Eleventh Administrative Review of the Antidumping 
Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 71 Fed. 
Reg. 13962 (20 March 2006). 
26 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for 
Revocation in Part , 70 Fed. Reg. 56631 (28 September 2005). 
27 See Notice of Final Results of the Twelfth Administrative Review of the Antidumping Duty Order on 
Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea , 72 Fed. Reg. 13086 
(20 March 2007). 
28 See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea; Notice of 
the Amended Final Results of the Twelfth Administrative Review , 72 Fed. Reg. 20815 (26 April 2007). 
29 See Initiation of Antidumping and Countervailing Duty Administrative Reviews , 71 Fed. Reg. 57465 
(29 September 2006). 
30 See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of 
Final Results of the Thirteenth Administrative Review , 73 Fed. Reg. 14220 (17 March 2008).  WT/DS420/5 
 Page 5 
 
 
  k. The USDOC initiated its fourteenth anti-dumping duty administrative review of certain 
corrosion-resistant carbon steel flat products from Korea on 25 September 2007.31  T h e  
USDOC conducted its administrative review of the extent of dumping under the statutory 
authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and 
under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its 
final results on 16 March 2009,32 and amended the results on 28 April 2009.33 The USDOC's 
final and amended results and its final determination reflect ed and contained anti-dumping 
margins, cash deposits and duty rates that were calculated by using zeroing.  
l. The USDOC initiated its fifteenth anti-dumping dut y administrative review and new shipper 
review of certain corrosion-resistan t carbon steel flat products from Korea on 
30 September 2008.34  The USDOC conducted its administrative review of the extent of 
dumping under the statutory authority provided by the Tariff Act of 1930, as amended, 19 
U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results on 22 March 2010.
35  The USDOC's final results and 
its final determination reflected and containe d anti-dumping margins, cash deposits and duty 
rates that were calculated by using zeroing.  
 
2. Sunset Review Determinations  
 
a. The USDOC initiated its first sunset review of  certain corrosion-resistant carbon steel flat 
products from Korea on 1 September 1999.36  The USDOC conducted its sunset review under 
the statutory authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC published its final results of de termination of likely continuation or recurrence of dumping on 
6 April 2000.
37  The United States International Trad e Commission ("USITC") published its 
determination of likely continuation or  recurrence on injury on 1 December 2000,38 as 
amended on 8 December 2000;39 and the USDOC published its notice of continuation of the 
anti-dumping order on 15 December 2000.40 The USDOC's and USITC's final results and the 
                                                      
31 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part , 72 Fed. Reg. 54428 (25 September 2007). 
32 See Certain Corrosion–Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of 
Final Results of the Fourteenth Administrative Review and Partial Rescission , 74 Fed. Reg. 11082 
(16 March 2009). 
33 See Certain Corrosion–Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of 
Amended Final Results of the Fourteenth Administrative Review , 74 Fed. Reg. 19199 (28 April 2009). 
34 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for 
Revocation in Part , 73 Fed. Reg. 56794(30 September 2008). 
35 See Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of 
Final Results of the Fifteenth Administrative Review , 75 Fed. Reg. 13490 (22 March 2010). 
36 See Initiation of Five-Year (‘‘Sunset’’) Reviews of  Antidumping and Countervailing Duty Orders or 
Investigations of Carbon Steel Plates and Flat Products , 64 Fed. Reg. 47767 (1 September 1999). 
37 See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products From Korea; Final 
Results of Expedited Sunset Reviews , 65 Fed. Reg. 18044 (6 April 2000). 
38 See Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and United Kingdom , 
65 Fed. Reg. 75301 (1 December 2000). 
39 See Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Netherlands, Poland, Romania, Spain, Sweden, Taiwan, and United Kingdom , 
65 Fed. Reg. 77074 (8 December 2000). 
40 See Continuation of Antidumping and Countervailing Duty Orders on Certain Carbon Steel Products 
From Australia, Belgium, Brazil, Canada, Finland, France, Germany, Japan, South Korea, Mexico, Poland, 
Romania, Spain, Sweden, Taiwan, and United Kingdom , 65 Fed. Reg. 7846 9 (15 December 2000). WT/DS420/5 
Page 6  
 
  USDOC's continuation of the anti-dumping duty order reflected and contained anti-dumping 
margins, cash deposits and duty rates that  had been calculated by using zeroing. 
b. The USDOC initiated its second sunset review of certain corrosion-resistant carbon steel flat 
products from Korea on 1 November 2005.41  The USDOC conducted its sunset review under 
the statutory authority provided by the Tariff Act of 1930, as amended, 19 U.S.C. § 1673, et 
seq., and under the regulatory authority provided in 19 C.F.R. Part 351.  The USDOC 
published its final results of de termination of likely continuation or recurrence of dumping on 
6 June 2006.42  The USITC published its determination of likely continuation or recurrence on 
injury on 31 January 2007,43 and the USDOC published its notice of continuation of the anti-
dumping order on 14 February 2007.44 The USDOC's and USITC's final results and the 
USDOC's continuation of the anti-dumping duty order reflected and contained anti-dumping 
margins, cash deposits and duty rates that  had been calculated by using zeroing. 
 The methodology of "zeroing" refers to the practice and methodology by which transactions 
with negative dumping margins are treated as having  margins equal to zero in determining dumping 
margins in administrative reviews and sunset reviews, and also in assessing the final anti-dumping 
duty liability for purposes of liquidation of entries.  The use of the "zeroing" methodology also refers 
to instances whereby the DOC does not perform a ne w calculation of the dumping margins as part of 
its determination, but instead adopts, applies,  or relies upon dumping margins that have been 
calculated in prior proceedings using the "zeroing " methodology.  The adoption, application, or 
reliance on prior determinations using zeroi ng includes the imposition and continuation of 
requirements that cash deposits be posted at the tim e of entry of merchandise based on determinations 
in administrative reviews in which the dumping margins were established using the practice of 
zeroing; the assessment of anti-dumping duties based on dumping margins determined in administrative reviews using the practice of zeroi ng; the determination of dumping margins above de 
minimis  levels as a result of the practice of zeroing negative dumping margins, and the consequent 
imposition, continuation, or collection of anti-dumping du ties;  the use, in sunset reviews, of dumping 
margins calculated in prior anti-dumping investiga tions and/or administrative reviews in which 
negative dumping margins had been treated as zero du mping margins, resulting in determinations that 
revocation of the anti-dumping duty orders would be likely to lead to continuation or recurrence of 
dumping; and the consideration by the USITC, in sun set reviews, of the magnitude of the margins of 
dumping provided by the USDOC, in determining whether the revocation of an anti-dumping duty 
order would be likely to lead to continuation or recurrence of material injury within a reasonably 
foreseeable time. 
 The effect of the USDOC's zeroing practice has been and will be either artificially to create 
margins of dumping where none would otherwise have b een found, or artificially to inflate margins of 
dumping.  Korea considers that these measures are in consistent with the obligations of the United 
States under the provisions of the GATT 1994, the Anti-Dumping Agreement, and the Marrakesh 
Agreement Establishing the WTO, as described below. 
                                                      
41 See Initiation of Five-year (‘‘Sunset’’) Reviews , 70 Fed. Reg. 65884 (1 November 2005). 
42 See Final Results of Expedited Sunset Reviews: Corrosion-Resistant Carbon Steel Flat Products 
from Australia, Canada, France, Germany, Japan, and South Korea , 71 Fed. Reg. 32508 (6 June 2006). 
43 See Certain Carbon Steel Products From Australia, Belgium, Brazil, Canada, Finland, France, 
Germany, Japan, Korea, Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom , 72 Fed. 
Reg. 4529 (31 January 2007). 
44 See Continuation Pursuant to Second Five-Year (“Sunset”) Reviews of Antidumping and 
Countervailing Duty Orders: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany and 
Korea , 72 Fed. Reg. 7009 (14 February 2007).  WT/DS420/5 
 Page 7 
 
 
  C. Legal Basis of the Complaint 
 
 The use of zeroing has led, leads, and will l ead the United States to find the existence of 
dumping where none would have otherwise been found or  to calculate inflated margins of dumping.  
Korea considers that the USDOC's use of its met hodology of zeroing in the above detailed measures 
is inconsistent with the obligations of the United States under Articles 9.3 and 11.3 of the Anti-
Dumping Agreement.  
 The USDOC's use of zeroing in the corrosion -resistant carbon steel flat products from Korea 
with respect to administrative review determinati ons and subsequent collec tion of cash deposits and 
assessment of final anti-dumping duties pursuant thereto and sunset review determinations is similar or identical to the method that was held to be inconsistent with the Anti-Dumping Agreement in 
United States – Laws, Regulations and Methodology for Calculating Dumping Margins ("Zeroing")  
(Panel Report, WT/DS294/R, and Appellate Body  Report, WT/DS294/AB/R, adopted 9 May 2006) 
and United States – Laws, Regulations and Methodology for Calculating Dumping Margins 
("Zeroing") – Recourse to Article 21.5 of the DSU by the European Communities , (Panel Report, 
WT/DS294/AB/RW, and Appellate Body Repor t, WT/DS294/AB/RW, adopted 11 June 2009);  
United States – Measures Relating to  Zeroing and Sunset Reviews  (Panel Report, WT/DS322/R, and 
Appellate Body Report, WT/DS322/AB /R, adopted 23 January 2007) and United States – Measures 
Relating to Zeroing and Sunset Reviews – Rec ourse to Article 21.5 of the DSU by Japan  (Panel 
Report, WT/DS322/RW, and Appella te Body Report, WT/DS322/AB/RW, adopted 31 August 2009); 
and United States – Continued Existence and Application of Zeroing Methodology (Panel Report, 
WT/DS350/AB/R, and Appellate Body Report, WT/DS350/AB/R, adopted 19 February 2009). 
  The foregoing paragraphs are provided without prejudice to any arguments that Korea may 
develop and present to the panel regarding the WTO-inconsistency of the measures at issue. 
 
D. Request 
 
 Accordingly, Korea requests that the DSB estab lish a panel pursuant to Article XXIII:1 of the 
GATT 1994, Articles 4 and 6 of the DSU, and Article  17.4 of the Anti-Dumping Agreement.  Korea 
requests that the establishment of a panel in this ma tter be placed on the agenda of the meeting of the 
DSB scheduled for 22 February 2012.   
__________