UNITED STATES - ANTI-DUMPING MEASURES ON CARBON-QUALITY STEEL FROM RUSSIA REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
Document: REQUEST FOR CONSULTATIONS BY
Date: 9 July 2019
Document codes: WT/DS586/1; G/L/1321; G/ADP/D132/1
Complainant: Russia
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 1, 2.1, 2.2, 2.2.1.1, 2.4, 6.8, 6.10, 9.1, 9.2, 9.3, 9.4, 11.1, 11.2, 11.3, 18.1  Anti-dumpingArt. VI:1, VI:2(a)  GATT 1994

UNITED STATES - ANTI-DUMPING MEASURES ON CARBON-QUALITY STEEL FROM RUSSIA
REQUEST FOR CONSULTATIONS BY THE RUSSIAN FEDERATION
The following communication, dated 5 July 2019, from the delegation of the Russian Federation to
the delegation of the United States, is circulated to the Dispute Settlement Body in accordance with
Article 4.4 of the DSU.

My authorities have instructed me to request consultations with 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 XXIII:1 of the General Agreement on Tariffs
and Trade 1994 ("GATT 1994"), and Article 17 of the Agreement on Implementation of Article VI of
the General Agreement on Tariffs and Trade 1994 ("Anti -Dumping Agreement") with respect to
anti-dumping measures imposed by the United States on hot -rolled flat-rolled carbon-quality steel
products (hereinafter – hot-rolled steel) from the Russian Federation.
These anti-dumping measures were originally imposed, subsequently reviewed and are currently
levied pursuant to:
(1) Notice of Preliminary Determination of Sales at Less Than Fair Value: Hot -Rolled Flat-Rolled
Carbon-Quality Steel Produ cts From the Russian Federation , 64 Fed. Reg. 9312
(February 25, 1999);
(2) Notice of Final Determination of Sales at Less Than Fair Value: Hot-Rolled Flat-Rolled Carbon-
Quality Steel Products From the Russian Federation, 64 Fed. Reg. 38626 (July 19, 1999);
(3) Termination of the Suspension Agreement on Hot -Rolled Flat -Rolled Carbon -Quality Steel
Products From the Russian Federation, Rescission of 2013 –2014 Administrative Review, and
Issuance of Antidumping Duty Order, 79 Fed. Reg. 77455 (December 24, 2014);
(4) Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation:
Final Results of the Expedited Sunset Review of the Antidumping Duty Order , 81 Fed.
Reg. 62094 (September 8, 2016);
(5) Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Pr oducts From the Russian Federation:
Continuation of Antidumping Duty Order, 81 Fed. Reg. 72569 (October 20, 2016);
(6) Certain Hot -Rolled Carbon Steel Flat Products From the Russian Federation: Preliminary
Results of Antidumping Duty Administrative Review; 201 4-2015, 82 Fed. Reg. 1318
(January 5, 2017);
(7) Certain Hot -Rolled Flat -Rolled Carbon -Quality Steel Products from the Russian Federation:
Final Results of Antidumping Duty Administrative Review; 2014 -2015, 82 Fed. Reg. 31559
(July 7, 2017);
(8) Certain Hot -Rolled Flat-Rolled Carbon -Quality Steel Products from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review; 2016 -2017, 84 Fed.
Reg. 4776, (February 19, 2019),
WT/DS586/1 • G/L/1321 • G/ADP/D132/1

including any and all amendments and corrections, as well as any and all annexes, memoranda
and any other documents underlying, supplementing and accompanying the abovementioned
acts or referred to in them,
and
(9) any other ongoing or future anti -dumping administrative reviews, and the preliminary and
final results thereof, related to the imports of hot -rolled steel from Russia pursuant to case
number A -821-809, amendments, replacements, extensions, related and implementing
measures and any act of the United States that would affect the measures at issue, as well as
any assessment instructions, cash deposit requirements, and revocation determinations, or
other measures issued pursuant to such reviews.
The measures at issue appear to be inconsistent with the WTO obligations of the United States, in
particular, under the following provisions of the Anti-Dumping Agreement and the GATT 1994:
1. Articles 9.1, 9.2, 9.3 and 9.4 of the Anti -Dumping Agreement and Article VI:2 of the
GATT 1994 because the United States imposed anti -dumping duties at the level of the "all
others" rate which exceeds the margin of dumping that should have been established under
Article 2 of the Anti-Dumping Agreement.
2. Article 6.10 of the Anti-Dumping Agreement because the United States failed to determine
an individual dumping margin for each known exporter or producer concerned of the product
under investigation and instead relied on "all others" rate.
3. Articles 2.1 and 2.2 of the Anti -Dumping Agreement and Article VI:1 of the GATT 1994
because the United States failed to establish normal value s based on the way enshrined
in Article 2.1 of the Anti -Dumping Agreement or on any of the al ternatives enshrined in
Article 2.2 of the Anti-Dumping Agreement.
4. Article 2.2.1.1 of the Anti-Dumping Agreement because the United States failed to calculate
the costs of production of the product under consideration as required by this Article.
5. Articles 2.1 and 2.4 of the Anti -Dumping Agreement because the United States compared
export prices to normal values established in violation of A rticles 2.1 and 2.2 of the
Anti-Dumping Agreement.
6. Articles 11.1, 11.2, 2.1, 2.2 and 2.4 of Anti-Dumping Agreement because the United States
failed to properly review the need for continued imposition of the anti -dumping duties and
to terminate the duties that were not necessary to offset dumping.
7. Articles 11.1, 11.3, 2.1, 2,2 and 2.4 of the Anti -Dumping Agreement because the United
States has extended the measures at issue relying on flawed dumping margins and on
erroneous likelyhood of recurrence or continuation of dumping determinations.
8. Article 6.8 of the Anti -Dumping Agreement because the United States refused to rely on
information provided by Russian exporters, whereas the conditions to resort to facts
available were not met.
9. Articles 1, 18.1 of the Anti-Dumping Agreement and Articles VI:1 and VI:2 of the GATT 1994
as a consequence of the breaches of the Anti-Dumping Agreement described above.
The above-mentioned United States' measures appear to nullify or impair the benefits accruing to
Russia directly or indirectly under the cited agreements.
Russia reserves the right to raise additional factual and legal issues, and to address additional
measures and claims regarding the above matters, in the course of the consultations and in any
request for the establishment of a panel.
The Russian Federation looks forward to receiving the reply of the United States to the present
request and to fixing a mutually convenient date to hold consultations.