|United States - Imposition of Anti-Dumping Duties on Imports of Colour Television Receivers from Korea - Request for Consultations by Korea|
WORLD TRADE WT/DS89/1
16 July 1997
UNITED STATES - IMPOSITION OF ANTI-DUMPING DUTIES
ON IMPORTS OF COLOUR TELEVISION RECEIVERS FROM KOREA
Request for Consultations by Korea
The following communication, dated 10 July 1997, from the Permanent Mission of Korea to the Permanent Mission of the United States and to the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of the United States pursuant to Article 17.3 of the Agreement on Implementation of Article VI of GATT 1994 (A-D Agreement), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXII of GATT 1994, regarding the imposition of anti-dumping duties by the United States on imports of colour television receivers (CTVs) from the Republic of Korea.
1. The United States has levied A-D duties on imports of Korean CTVs from April 1984 to the present. During this period, Korean CTV makers moved much of their production abroad and, since 1991, exports of Korean-made CTVs to the United States have ceased. Furthermore, a de minimis dumping margin of less than 0.5%, as defined in the US Tariff Act, had been assessed on CTVs made in Korea by Samsung Electronics Co. Ltd (Samsung) for the six year period from April 1985 until the time when the product ceased to be imported into the United States in early 1991.
2. Thus, for the past twelve years (from April 1985 to the present), the United States has maintained an A-D order on Samsung's CTVs despite the absence of dumping and the cessation of exports from Korea, but it has never examined the necessity of continuing to impose those duties. Samsung's four applications for revocation review based on its history of no dumping were all rejected on mere procedural, rather than substantive, grounds concerning the timing of such applications. The fifth application for revocation review filed by Samsung on 20 July 1995 was not acted upon for 11 months with no legitimate justification given for the delay. Since the United States' eventual decision on 24 June 1996 to initiate the review, over one year has elapsed without any definitive result. The Government of the United Sta
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