THAILAND - ANTI-DUMPING DUTIES ON ANGLES, SHAPES AND SECTIONS OF IRON OR NON-ALLOY STEEL AND H-BEAMS FROM POLAND
Document: Request for Consultations from Poland
Date: 15 April 1998
Document codes: WT/DS122/1; G/ADP/D9/1
Complainant: Poland
Respondent: Thailand
Third parties: EU, Japan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 2, 3, 5, 6  Anti-dumpingArt. VI  GATT 1994

THAILAND - ANTI-DUMPING DUTIES ON ANGLES, SHAPES AND
SECTIONS OF IRON OR NON-ALLOY STEEL AND H-BEAMS
FROM POLAND
Request for Consultations from Poland
The following communication, dated 6 April 1998, from the Permanent Mission of Poland
to the Permanent Mission of Thailand and to the Dispute Settlement Body, is circulated in accordance
with Article 4.4 of the DSU.
In accordance with Article 17.3 of the Agreement on Implementation of Article VI of
GATTT 1994 (the Agreement) and Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Republic of Poland requests to hold consultations with the
Kingdom of Thailand concerning imposition of final anti-dumping duties on imports of Angles, Shapes
and Sections of Iron or Non-Alloy Steel; H-Beams originating in the Republic of Poland.
On 30 August 1996, the Thai Committee to consider procedures for the imposition of special
duty on products which are imported into Thailand at unfair prices and for imposition of special duty
on products which are subsidized and imported into Thailand decided to initiate an anti-dumping
investigation concerning imports of Angles, Shapes and Sections of Iron or Non-Alloy Steel: H-Beams
originating in the Republic of Poland.
On 27 December 1996, the Ministry of Commerce of the Kingdom of Thailand imposed a
provisional anti-dumping duty of:
- 25.9 per cent of the c.i.f. value for the product under investigation manufactured and
exported by the Polish producer (Huta Katowice S.A.);
- 29.81 per cent of the c.i.f. value for the product under investigation exported by the
Polish exporter (Stalexport S.A.); and
- 51.99 per cent of the c.i.f. value for the product under investigation produced or exported
by anyone outside the two above
for the period of four months.

On 26 May 1997, the Ministry of Commerce of the Kingdom of Thailand imposed a final anti-
dumping duty of 27.78 per cent of the c.i.f. value for the product under investigation produced or
exported by any Polish producer or exporter.
On 20 June1997 and 23 June 1997, the respondents to the investigation, i.e. the Polish producer
and the Polish exporter requested the disclosure of findings from the Thai Ministry of Commerce.
On 7 July1997,the ThaiMinistry of Commerce explainedthatnofurther disclosurewillfollow.
In view of the above-mentioned investigation and the imposition of final anti-dumping duties,
Poland has serious concerns regarding the conformity with the Agreement of the following:
- the determination of injury to the Thai domestic industry according to Article 3 of the
Agreement;
- the determination of dumping (and particularly the calculation of the dumping margin)
according to Article 2 of the Agreement;
- inconsistency of the procedure applied by the Thai investigating authorities with the
provisions of Articles 5 and 6 of the Agreement.
The Republic of Poland reserves its right to raise any other issue concerning the case during
the coming consultations.
Taking into account the above-mentioned circumstances, Poland would welcome the opportunity
to hold such consultations with Thailand in Geneva on 21 April 1998.