UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN PRODUCTS AND THE USE OF FACTS AVAILABLE COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 10 July 2019
Document codes: WT/DS539/8
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
COMMUNICATION FROM THE PANEL
The following communication, dated 9 July 2019, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shal l conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in United States – Anti-Dumping and Countervailing Duties on Certain Products and the
Use of Facts Available (DS539) was established by the DSB on 28 May 2018 and composed on
5 December 2018.

At this stage, the Panel expects to issue its final report to the parties in 2020.

The report will only be available to the public once it is circulated to the Members in all three working
languages of the WTO. The date of circulation depends on completion of translation and the Panel is
not in a position to provide a more precise estimate of the circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.