KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN UNDERSTANDING BETWEEN THE REPUBLIC OF KOREA AND JAPAN REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: Agreed Procedures
Date: 18 June 2020
Document codes: WT/DS504/13
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
UNDERSTANDING BETWEEN THE REPUBLIC OF KOREA AND JAPAN
REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, dated 15 June 2020, from the delegation of Korea and the delegation
of Japan to the Chairperson of the Dispute Settlement Body, is circulated at the request of these
delegations.

The Republic of Korea ("Korea") and Japan would like to inform the Dispute Settlement Body of the
attached "Agreed Procedures under Articles 21 and 22 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes" between Korea and Japan with respect to the dispute
Korea – Anti-Dumping Duties on Pneumatic Valves from Japan (WT/DS504).

We request that you kindly circulate the attached agreement to the Members of the Dispute
Settlement Body.

The Dispute Settlement Body ("DSB ") adopted its recommendations and rulings in the dispute
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN (WT/DS504) on
30 September 2019.

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), the Republic of Korea ( "Korea") and Japan agreed that the reasonable period
of time to implement the recommendations and rulings of the DSB in this dispute shall be eight (8)
months, expiring on 30 May 2020.

Korea and Japan (collectively, " the Parties") have agreed on the following procedures for the
exclusive purposes of this dispute. They are designed to facilitate the resolution of the dispute and
reduce the scope for procedural disputes and are without prejudice to either Party's views o n the
correct interpretation of the DSU, and without prejudice to any other arrangements that may be
agreed separately among the Parties:

1. Should Japan consider that the situation described in Article 21.5 of the DSU exists, Japan will
request that Kore a enter into consultations with Japan. The Parties agree to hold such
consultations within 15 days from the date of receipt of the request. After this 15 -day period
has elapsed, Japan may request the establishment of a panel pursuant to Article 21.5 of the
DSU ("Article 21.5 panel") at any time.

2. At the first DSB meeting at which Japan's request for the establishment of an Article 21.5
panel appears on the agenda, Korea shall accept the establishment of that panel.

3. The Parties shall cooperate to ena ble the Article 21.5 panel to circulate its report within
90 days of the panel's establishment, excluding such time during which the panel's work may
be suspended pursuant to Article 12.12 of the DSU.

4. Either Party may request the DSB to adopt the repor t of the Article 21.5 panel at a DSB
meeting held at least 20 days after the circulation of the report to the Members unless either
Party appeals the report.

5. In the event that a division of the Appellate Body can be composed to hear this dispute upon
an appeal of the Article 21.5 panel report, the Parties shall cooperate to enable the Appellate
Body to circulate its report to the Members within 90 days from the date of notification of the
appeal to the DSB. Further, either Party may request the DSB to a dopt the reports of the
Appellate Body and of the Article 21.5 panel (as modified by the Appellate Body report) at a
DSB meeting held within 30 days of the circulation of the Appellate Body report to the
Members.

6. Japan may request authorization to suspend the application to Korea of concessions or other
obligations pursuant to Article 22.2 of the DSU, in the event that the DSB rules as a result of
a proceeding under Article 21.5 of the DSU that a measure taken to comply with the
recommendations and ruli ngs does not exist or is inconsistent with a covered agreement.
Korea will not assert that Japan is precluded from obtaining the DSB authorization because
the request was made outside the 30-day time-period specified in Article 22.6 of the DSU.

7. If Jap an requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, Korea shall have the right to object under Article 22.6 of the DSU to
the level of suspension of concessions or other obligations and/or claim that the principles and
procedures set forth in Article 22.3 of the DSU have not been followed. In the event of such
objection, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU (the
"Article 22.6 arbitration").

8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate
its decision within 60 days of the referral to the Article 22.6 arbitration.

9. If any of the original panelists is not available for either the Article 21.5 compliance panel or
the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes
unavailable to serve, the Parties will promptly consult on a replacement, and either Party may
request the Director-General of the WTO to appoint, within 10 days of b eing so requested, a
replacement for the proceeding or proceedings in which a replacement is required. If an

original panelist is unavailable to serve in either of the proceedings, or a person serving in
such proceeding becomes unavailable to serve, the Parties will further request that, in making
this appointment, the Director -General seek a person who will be available to act in both
proceedings.

10. The Parties will continue to cooperate in all matters related to these agreed procedures and
agree not to raise any procedural objection to any of the steps set out herein. If, during the
application of these procedures, the Parties consider that a procedural aspect has not been
properly addressed in these procedures, they will endeavor to find a solution wit hin the
shortest time possible that will not affect the other aspects and steps agreed herein.

11. This agreement applies specifically to this dispute and is without prejudice to a Party's position
on any systemic matter.