Analysis of Korea-Paper AD Duties Dispute

This paper analyzes a number of important issues raised in Korea-Paper AD Duties dispute, focusing on the newly raised issues such as the use of facts available and the collapsing. After examining parties’ arguments concerning selected issues, we analyze the panel’s findings on them. Regarding the use of facts available, we discuss four issues: (i) submission of necessary information within a reasonable period, (ii) disregard of certain data submitted, (iii) investigating authority’s obligation to inform its decision to reject certain data provided, and (iv) exercise of special circumspection when using information obtained from secondary sources. With respect to the collapsing issue, we discuss the basis for defining an exporter or a producer for the purpose of determining an individual dumping of margin under Article 6.10. Next, we discuss the issues raised in the implementation panel procedures. In particular, we discuss whether Korea failed to exercise special circumspection in the use of information from secondary sources. The implementation panel found that Korea failed to do it. Finally, we conclude with some comments on the original panel’s findings on collapsing issue and its view on Indonesia’s request for suggestion under Article 19.1 of DSU.