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Published online by Cambridge University Press: 13 December 2017
INTRODUCTION
On 30 July 1999, Korea requested consultations with the United States regarding the preliminary and final determinations of the United States Department of Commerce (“DOC”) on imports of stainless steel plate in coils (“Plate”) from Korea, dated 4 November 1998 and 31 March 1999, respectively, and the preliminary and final determinations of the DOC on imports of stainless steel sheet and strip in coils (“Sheet”) from Korea, dated 4 January 1999 as amended 26 January 1999 and 8 June 1999, respectively. Korea made its request pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “Dispute Settlement Understanding” or “DSU”), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), and Article 17.3 of the Agreement on Implementation of Article VI of GATT 1994 (the “Anti-Dumping Agreement” or “AD Agreement”). The United States and Korea held consultations on 17 September 1999, but failed to reach a mutually satisfactory solution.
On 14 October 1999, Korea requested the establishment of a panel with the standard terms of reference set out in Article 7 of the DSU. Korea made its request pursuant to Article 6 of the DSU, Article XXIII:2 of GATT 1994 and Article 17.5 of the AD Agreement. In that request, Korea identified the United States measures at issue as the anti-dumping duty order on imports of Plate from Korea, dated 21 May 1999, including actions by the DOC preceding this measure, such as the preliminary and final determinations of the DOC dated 4 November 1998 and 31 March 1999, respectively, and the anti-dumping duty order on imports of Sheet from Korea, dated 27 July 1999, including actions by the DOC preceding this measure, such as the preliminary and final determinations of the DOC dated 4 January 1999 as amended 26 January 1999 and 8 June 1999, respectively.
At its meeting on 19 November 1999, the Dispute Settlement Body (“DSB”) established a panel pursuant to the above request. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of reference.
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