UNITED STATES – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN PRODUCTS AND THE USE OF FACTS AVAILABLE REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 5 March 2018
Document codes: WT/DS539/3
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 European Union
The following communication, dated 2 March 2018, from the delegation of the European Union 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.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, the European Union (the EU) hereby notifies the Government of United States, the
Government of the Republic of Korea, and the Dispute Settlement Bod y that, in the light of its
substantial trade interest, it desires to be joined in the consultations requested by the Republic of
Korea in a communication circulated to the WTO Members on 20 February 2018 (,
, , ), entitled "United States – Anti-Dumping and
Countervailing Duties on Certain Products and the Use of Facts Available".
The EU notes that the request for consultations relates to Anti-Dumping and Countervailing Duties
on Certain Corrosion -Resistant Steel Pr oducts, Certain Cold-rolled Steel Flat Products Certain
Hot-rolled Steel Flat Products and Large Power Transformers from the Republic of Korea .
The investigations that resulted in these measures involved at the same time imports into the
United States from the EU. Thus, Anti-Dumping Duties were also imposed by the United States on
imports of Certain Corrosion -Resistant Steel Products, Cold -rolled Steel Flat Products and Hot-
rolled Steel Flat Products from three EU Member States – Italy, the Netherlands and the United
Kingdom. Moreover, the use of facts available in case of non -cooperation, as referred to by the
Republic of Korea in the request for consultations, affected the determination of the duty rate
applicable to certain investigated companies in each of the three EU Member States as well. In
addition, the EU is a major producer and exporter of these products to the United States with
imports into the United States in the range of 100,000,000 -200,000,000 USD per investigated EU
Member State per product in the year preceding the investigations. Therefore, the EU has a
substantial trade interest in these consultations.
The European Union looks forward to hearing a response to this request.