South Korea on Friday won a partial victory against the US in a WTO ruling that found fault with the method used to calculate US duties imposed on Korean-made washing machines that are deemed to be subsidized and unfairly priced.
The ruling would not immediately alter the countervailing duties of up to 82 percent imposed by the US Commerce Department in 2013 on washers made by Samsung Electronics Co, LG Electronics Inc and Daewoo Electronics Co after a complaint brought by Michigan-based Whirlpool Corp.
South Korea in August 2014 brought its objections to the WTO about the US calculation methods, which are also the subject of a wide-ranging dispute brought by China against the US.
A WTO panel of three adjudicators rejected several of South Korea’s claims, including objections to the department’s findings that tax credit subsidies were not tied to specific products.
However, it upheld South Korea’s objection to calculations of duties for “targeted dumping” of products into the US market aimed at regions, time periods or customers with price cuts.
William Perry, an international trade lawyer in Seattle with Dorsey & Whitney LLP, said the decision, if upheld, could ultimately make it more difficult for US manufacturers to bring similar cases involving targeted dumping by Chinese companies.
A spokesman for the US Trade Representative in Washington said: “We are carefully reviewing the report and considering next steps.”
Both countries have 60 days to appeal.
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