South Korea Latest To Challenge US Antidumping, CVD Practices At WTO

Consultations at the World Trade Organization (WTO) with the U.S. concerning the Department of Commerce's use of "facts available" in antidumping and countervailing duty (CVD) investigations were requested by South Korea. The request was circulated to WTO members on February 20, according to a Geneva trade official.The challenge revolves around WTO's Anti-Dumping Agreement. That agreement says if a firm targeted in an antidumping investigation refuses access to, or otherwise does not provide, necessary information within a reasonable period, or significantly impedes the investigation, a dumping determination may be made on the basis of the "facts available."According to the request, besides challenging provisions of U.S. laws and regulations allowing Commerce to use facts available in antidumping and CVD investigations, it also takes issue with the department's practice of using adverse facts with regard to producers or exporters deemed to have failed to cooperate in the investigation. Specifically, Korea cites six antidumping and CVD determinations on certain products from Korea in which Commerce relied on adverse facts available when making its determination.