South Korea targets U.S. trade remedies in new WTO dispute

February 20, 2018 - South Korea launched a World Trade Organization dispute that argued a key provision of the U.S.’s anti-dumping and countervailing investigations violated international trade rules.

South Korea said the U.S. Commerce Department improperly applied “adverse facts available” from Korean producers and exporters in six anti-dumping and countervailing cases involving various Korean products, according to a document that was circulated on Tuesday.

Though WTO rules permit countries to levy tariffs based on facts that are available at the time if a targeted firm fails to cooperate in trade remedy investigations, Korea said the U.S. did not assess the facts “properly and objectively.”

A request for consultations marks the first step in WTO dispute proceedings. The U.S. and South Korea now have 60 days to engage in discussions aimed at settling the disagreement before the latter may pursue a WTO investigation into the matter.

Source: American Journal of Transportation