UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN PRODUCTS AND THE USE OF FACTS AVAILABLE REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Republic of Kazakhstan
Date: 2 March 2018
Document codes: WT/DS539/2
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 Republic of Kazakhstan
The following communication, dated 1 March 2018 , from the delegation of the Republic of
Kazakhstan 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), Art icles 17.2 and
17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and
Trade 1994 and Article 30 of the Agreement on Subsidies and Countervailing Measures in the
communication circulated to WTO Members on 20 February 2018 (, ,
, ) titled "United States – Anti-dumping Countervailing Duties on
Certain Products and the Use of Facts Available (DS539) ". My authorities have instructed me to
notify the consulting Members and the Disp ute Settlement Body of the desire of the Republic of
Kazakhstan to join these consultations, pursuant to the Article 4.11 of the DSU.
In this dispute, Korea challenges the practice of the USDOC use of "adverse facts available " as a
rule or norm of general and prospective application when a producer or exporter is found to have
failed to cooperate by not acting to the best of its ability.
Kazakhstan has a substantial interest with respect to application and use of the relevant WTO
provisions since Kazakhstan 's exports are currently under similar antidumping and countervailing
investigations, in which USDOC has taken a preliminary determination based on "adverse facts
available".