Korea has requested WTO consultations with the United States concerning the use of “facts available” by US investigating authorities in anti-dumping and countervailing investigations. The request was circulated to WTO members on 20 February.
In its request, Korea challenges the provisions of US laws and regulations allowing the US Department of Commerce (USDOC) to use facts available in anti-dumping and countervailing investigations; the USDOC’s practice of using adverse facts with regard to producers or exporters deemed to have failed to cooperate in the investigation; and six anti-dumping and countervailing duty determinations on certain products from Korea in which the USDOC relied on adverse facts available.
What is a request for consultations?
The request for consultations formally initiates a dispute in the WTO. Consultations give the parties an opportunity to discuss the matter and to find a satisfactory solution without proceeding further with litigation. After 60 days, if consultations have failed to resolve the dispute, the complainant may request adjudication by a panel.
Source: wto.org
