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WT/DS299 - European Communities - Countervailing measures on dynamic random access memory chips (DRAMS)

WTO dispute settlement case - Complaint against the EU

Country or region
South Korea
Trade topics
Dispute settlement
Dispute settlement
WTO - Complaint against the EU

Summary of the case

  • Complaint by: Korea, Republic Of
  • Complaint against: EU
  • Third parties: No third party

Korea challenges the imposition of countervailing duties (CVD) on DRAMS manufactured by Hynix in Korea

Relevant WTO provision: GATT (VI:3, X:3); SDM (1, 2, 10, 11, 12, 14, 15, 17, 22, 31.1)

Status

The DSB adopted the Panel report on 3 August 2005. The Panel broadly confirmed the EC finding that the Korean government had directed nominally private banks to bail-out Hynix and, consequently, that four out of the five bail-out programmes investigated were actually subsidies conferring a specific benefit to Hynix and causing injury to the EC industry.

The remaining programme, which the panel acknowledged conferred a benefit to Hynix but considered as not directed by the Korean government, involves only a very small amount. The Panel’s only reservations were recommendations that the EC should fine-tune its methodology for calculating the benefit conferred to Hynix, re-evaluate one injury factor out of the 15 subject to investigation and refine some technical aspects of the analysis concerning the causal link between the subsidies and the injury.

The EC fully implemented the DSB ruling and recommendations with the adoption of Council Regulation (EC) No 584/2006 (published in the Official Journal No L 103 of 12 April 2006).

  • Consultations requested: 25 July 2003
  • Panel requested: 19 November 2003
  • Panel established: 23 January 2004

Documents

Full case details and WTO documents on the WTO website

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