United States—Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (DRAMS) from Korea

WT/DS296/AB/R (July 20, 2005)

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United States—Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (DRAMS) from Korea

World Trade Organization, Appellate Body
WT/DS296/AB/R (July 20, 2005)

JL

Facts

The United States (defendant) Department of Commerce and International Trade Commission received a petition from Micron Technology, Inc., regarding possible subsidies provided by the Korean government. The investigation included Hynix Semiconductor, Inc., and Samsung Electronics Co., Ltd. The investigation revealed that the Korean government pressured or coerced Korean financial entities, other financial entities controlled by the Korean government, and private financial entities into supporting Hynix, which prevented its financial collapse. The Korean government directly expressed its support of a bailout program, granted higher credit limits to financial institutions loaning funds to Hynix, and sent representatives to attend meetings of the creditors to express support for resolutions. The United States determined that these activities constituted a subsidy and imposed a countervailing duty of 44.29 percent on imports from Hynix. Korea then filed a challenge with the General Agreement on Tariffs and Trade (GATT) Panel and alleged that the countervailing duties violated the Subsidies and Countervailing Measures (SCM) Agreement. The panel found in favor of Korea, and the United States appealed to the World Trade Organization (WTO) Appellate Panel.

Rule of Law

Issue

Holding and Reasoning ()

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