UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN PRODUCTS AND THE USE OF FACTS AVAILABLE REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Russian Federation
Date: 5 March 2018
Document codes: WT/DS539/4
Complainant: South Korea
Respondent: U.S.
Third parties: Brazil, Canada, China, Egypt, EU, India, Japan, Kazakhstan, Mexico, Norway, Russia
Dispute stage: Panel
Agreements cited: Art. 6.8, Annex II  Anti-dumpingArt. 12.7  Subsidies and Countervailing Measures (SCM)Art. 6.1  Anti-dumpingArt. 12.1  Subsidies and Countervailing Measures (SCM)Art. 6.2  Anti-dumpingArt. 12.2  Subsidies and Countervailing Measures (SCM)Art. 6.6  Anti-dumpingArt. 12.5  Subsidies and Countervailing Measures (SCM)Art. 6.7, Annex I  Anti-dumpingArt. 12.6, Annex VI  Subsidies and Countervailing Measures (SCM)Art. 6.9  Anti-dumpingArt. 12.8, 11.2, 11.3, 11.6  Subsidies and Countervailing Measures (SCM)Art. 11.4  Anti-dumpingArt. 21.4  Subsidies and Countervailing Measures (SCM)Art. 1, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 9.2, 9.3, 9.4, 9.5, 11.1, 11.3, 11.4, 18.1  Anti-dumpingArt. 1, 10, 11.9, 14, 15.1, 15.2, 15.4, 15.5, 19.1, 19.3, 19.4, 21.1, 21.3, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI:1, VI:2, VI:3  GATT 1994Art. 3  Anti-dumpingArt. 15  Subsidies and Countervailing Measures (SCM)Art. 9.1  Anti-dumpingArt. 19.2  Subsidies and Countervailing Measures (SCM)Art. 18.4  Anti-dumpingArt. 32.5  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN
PRODUCTS AND THE USE OF FACTS AVAILABLE
REQUEST TO JOIN CONSULTATIONS
Communication from the Russian Federation
The following communication, dated 2 March 2018, from the delegation of the Russian Federation
to the delegation of the United States , the delegation of the Republic of Korea and to the
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.

I wish to refer to the consultations requested by the Republic of Korea 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"),
Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the General Agreement
on Tariffs and Trade 1994 ("Anti-Dumping Agreement"), and Article 30 of the Agreement on
Subsidies and Countervailing Measures concerning, inter alia, certain provi sions of the United
States' legislation regarding the use of facts available and the United States' ongoing conduct as
well as its practice of using adverse facts available as a rule or norm of general and prospective
application in anti -dumping and counte rvailing duty investigations and reviews , as stated in
Korea's communication circulated to WTO Members on 20 February 2018 (, ,
, ) titled "United States — Anti-Dumping and Countervailing Duties
on Certain Products and the Use of Facts Available" (DS539). My authorities instructed me to
notify the consulting Members and the Dispute Settlement Body of the desire of the Russian
Federation to be joined in these consultations, pursuant to Article 4.11 of the DSU.
The US followed the same approach in the course of investigation with respect to certain
carbon and alloy steel wire rod originating in Russia 1, in terms of application of legislation and
practice of using adverse facts available for determination of dumping mar gins. As a result of this
approach, the anti -dumping duties were imposed at the rate of almost 757% for two Russian
producers and 437% for all other Russian companies. Taking into account the prohibiting rate of
the anti -dumping duties, their application h as significant detrimental effect on Russia 's trade
interests as the access of certain carbon and alloy steel wire rod of Russian origin to the US 's
market is effectively denied.
In addition, certain methodological issues raised in this dispute (in particular, concerning the
United States' legislation, practice and ongoing conduct consistency with Articles 6.2, 9.2, 9.3,
11.1 of the Anti -Dumping Agreement; Article VI:2 of the GATT 1994) are of systemic importance
for the Russian Federation.
Therefore, the Russian Federation has substantial trade interest in these consultations.