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United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea Not for Attribution*

  • Gene M. Grossman (a1) and Petros C. Mavroidis (a2)
Abstract

This dispute concerns the imposition of a definitive safeguard measure by the United States on imports of circular welded carbon quality line pipe (“line pipe”) from Korea (WTO DOC. WTO/DS 202/AB/R). The measure was imposed following an investigation conducted by the US International Trade Commission (USITC). The USITC determined in a safeguard investigation initiated on 29 July 1999 that “circular welded carbon quality line pipe . . . is being imported into the United States in such increased quantities as to be a substantial cause of serious injury or the threat of serious injury.” In its investigation, the USITC identified a number of factors apart from increased imports that might have caused serious injury or threat of serious injury to the domestic line pipe industry. The Commission concluded that increased imports were “a cause which is important and not less than any other cause” and that, therefore, the statutory requirement of “substantial cause” had been met.

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This study reviews the WTO Appellate Body report United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From Korea (WT/DS202/AB/R 15 February 2002). We are grateful to Henrik Horn and Jasper-Martijn Wauters for helpful discussions and to Alan Sykes, whose paper (Sykes, 2003) profoundly influenced our thinking about these issues.

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