Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-07T18:40:06.488Z Has data issue: false hasContentIssue false

Japan – Countervailing Duties on Dynamic Random Access Memories from Korea (WT/DS336): Report of the Panel

Published online by Cambridge University Press:  12 December 2017

Corporate Author
Get access

Summary

INTRODUCTION

On 14 March 2006, the Government of Korea (“Korea”) requested consultations with the Government of Japan (“Japan”) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), Article 30 of the Agreement on Subsidies and Countervailing Measures (the “SCM Agreement”), and Article XXII of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”) regarding the imposition of countervailing duties by Japan on imports of certain Dynamic Random Access Memories (“DRAMS”) from Korea, and certain aspects of the investigation and determination that led to the imposition of such duties.

On 27 March 2006, the United States requested to be joined in these consultations pursuant to Article 4.11 of the DSU. The European Communities made a similar request on 29 March 2006. Japan accepted these requests. Consultations were held on 25 April 2006, but failed to settle the dispute.

On 18 May 2006, Korea requested the Dispute Settlement Body (the “DSB”) to establish a panel pursuant to Article 6 of the DSU, Article XXIII of the GATT 1994, and Article 30 of the SCM Agreement.

At its meeting on 19 June 2006, the DSB established a Panel pursuant to the request by Korea in document WT/DS336/5, in accordance with Article 6 of the DSU. At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Korea in document WT/DS336/5, the matter referred to the DSB by Korea in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

On 24 August 2006, the parties agreed to compose the Panel as follows:

Chairman: Mr. Daniel Moulis

Members: Dr. Faizullah Khilji

Mr. José Luis Santiago Pérez Gabilondo

China, the European Communities and the United States reserved their third party rights.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×