US Appeals Into WTO Void on Korean Antidumping Case
The Biden administration said it will appeal a January panel decision at the World Trade Organization that the Commerce Department was wrong to resort to “facts available” calculations of subsidies or cost of production when companies submitted information after deadline and submitted information that was verifiable. The panel also said that the Commerce Department at times was unclear in its requests to firms in South Korean steel and large power transformer antidumping and countervailing duty cases, and that the penalties should be recalculated.
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Because the U.S. appealed, the Commerce Department will not need to recalculate. But because there is no appellate body, the case cannot be resolved unless the U.S. allows appointments to the appellate body to resume. An analyst had said that choosing not to appeal the case would have created goodwill in Geneva (see 2101220032).