MOROCCO - ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL FROM TURKEY REQUEST FOR CONSULTATIONS BY TURKEY
Document: REQUEST FOR CONSULTATIONS BY
Date: 7 October 2016
Document codes: WT/DS513/1; G/ADP/D114/1; G/L/1152; G/LIC/D/51
Complainant: Turkey
Respondent: Morocco
Third parties: China, Egypt, EU, India, Japan, Kazakhstan, South Korea, Oman, Russia, Singapore, UAE, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.10, 6.8, Annex II, 6.9, 3.1, 3.4  Anti-dumpingArt. VI:6  GATT 1994Art. 6.5, 6.5.1, 18.1  Anti-dumpingArt. I:1, X:3(a), XI:1  GATT 1994Art. 3.2, 3.3  Import LicensingArt. VI  GATT 1994Art. 1, 18  Anti-dumping

MOROCCO - ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL FROM TURKEY
REQUEST FOR CONSULTATIONS BY TURKEY
The following communication, dated 3 October 2016 , from the delegation of Turkey to the
delegation of Morocco and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement
on Tariffs and Trade 1994 (the "Anti -Dumping Agreement"), Article XXIII:1 of the General
Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and Article 6 of the Agreement on
Import Licensing Procedures (the "Import Licensing Agreement"), the Government of the Republic
of Turkey requests consultations with the Kingdom of Morocco with respect to the imposition of
definitive anti-dumping measures by Morocco on imports of certain hot -rolled steel products from
Turkey, and with respect to certain aspects of the investigation underlying those measures.1
Turkey is particularly concerned about the following aspects of the measures at issue:
1. Duration of the Investigation: The Moroccan authorities failed to conclude the
investigation within the maximum 18 -month deadline contained in Article 5.10 of the
Anti-Dumping Agreement and therefore acted inconsistently with this provision.

2. Use of Facts Available to Determine Dumping Margins: The Moroccan authorities'
stated reason for applying facts available to the Turkish exporters was that they had
failed to report all of their sales to Morocco during the investigation period, as the
authorities allegedly identified discrepancies in the data. However, the Moroccan
authorities appear to have f ailed to provide the Turkish exporters with an opportunity
to explain the alleged discrepancies, failed to take into account evidence in the record
regarding these discrepancies, and applied facts available to determine the dumping
margins of the Turkish exporters without using "special circumspection". The Moroccan
authorities' decision to reject the exporters' questionnaire responses and determine
dumping margins on the basis of facts available is ther efore inconsistent with
Article 6.8 and paragraphs 1, 3, 5, 6, and 7 of Annex II to the Anti -Dumping
Agreement.

3. Disclosure of Essential Facts: The Moroccan authorities ac ted inconsistently with
Article 6.9 of the Anti -Dumping Agreement by failing to disclose essential facts with
respect to the decision to use facts available.

1 Morocco initiated the investigation at issue on 21 January 2013. T his is also the date of initiation listed
by Morocco in its Semi -Annual Report to the WTO Committee on Anti -Dumping Practices under Article 16.4 of
the Anti-Dumping Agreement, G/ADP/N/259/MAR, dated 15 October 2014, at 3. The definitive measures were
published in Morocco's Official Journal No. 6294 of 25 September 2014, and came into force on
26 September 2014. They were notified to the WTO Committee on Anti -Dumping Practi ces in
G/ADP/N/272/MAR, dated 6 October 2015, at 5.
WT/DS513/1 • G/ADP/D114/1 • G/L/1152 • G/LIC/D/51

4. Import Restrictions: The use by the Moroccan authorities of registration/licensing
requirements and the failure of the Moroccan authorities to issue import licenses
following the imposition of provisional anti -dumping measures appears to be an
additional impermissible "specific action against dumping" that is inconsistent with
Article 18.1 of the Anti -Dumping Agreement. Moreover, this measure appears to be
inconsistent with Articles I:1, X:1, X:2, X:3(a) and XI:1 of the GATT 199 4 and
Articles 3.2 and 3.3 of the Import Licensing Agreement.

5. Injury/Causation Determination: The Moroccan authorities failed to provide a reasoned
and adequate explanation of their finding of injury and causation and therefore acted
inconsistently with Articles 3.1, 3.2, 3.4, and 3.5 of the Anti-Dumping Agreement.

Turkey considers that Morocco's investigation and definitive measures cannot be reconciled with
Article VI of the GATT 1994, Articles 1 and 18 of the Anti -Dumping Agreement, and the specific
provisions cited above. In addition to the legal instruments embodying the measures at issue, this
request also covers any amendments, extensions, related instruments, and practices. Turkey
reserves the right to raise additional legal claims or matters during the course of consultations.
Turkey looks forward to receiving your response to this request. I propose that the date and venue
of the consultations be agreed between our two Missions.