DS590: Japan – Measures Related To The Exportation Of Products ...

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DISPUTE SETTLEMENT

DS: Japan — Measures Related to the Exportation of Products and Technology to Korea

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Korea

On 11 September 2019, Korea requested consultations with Japan regarding certain measures, including licensing policies and procedures, adopted by Japan allegedly restricting exports of fluorinated polyimide, resist polymers and hydrogen fluoride, and their related technologies destined for Korea. Those products are used primarily in the production of smartphones, TV displays and semiconductors.

Korea claimed that the measures appear to be inconsistent with:

• Articles I, VIII, X, XI:1, XIII:1 and XIII:5 of the GATT 1994;
• Articles 2, 6, 7, 8 and 10 of the Trade Facilitation Agreement;
• Article 2 of the TRIMS Agreement;
• Articles 3.1, 4.1 and 28.2 of the TRIPS Agreement;
• Articles VI:1 and VI:5 of the GATS; and
• Article XVI:4 of the Marrakesh Agreement.

Korea also claimed that the measures appear to nullify or impair the benefits accruing to Korea within the meaning of Article XXIII:1(b) of the GATT 1994.

On 25 September 2019, Chinese Taipei requested to join the consultations. On 26 September 2019, the European Union requested to join the consultations.

Panel and Appellate Body proceedings

On 18 June 2020, Korea requested the establishment of a panel. At its meeting on 29 June 2020, the DSB deferred the establishment of a panel.

At its meeting on 29 July 2020, the DSB established a panel. Brazil, Canada, China, the European Union, India, Norway, Russia, Singapore, Chinese Taipei, Turkey, Ukraine, the United Kingdom and the United States reserved their third-party rights.

Withdrawal/termination

On 23 March 2023, Korea notified the DSB of its decision to terminate the panel composition process and formally withdraw its complaint on this matter, effective on 23 March 2023. Korea apprised the DSB that it was making this request without prejudice to Korea's view on the various factual and legal issues outlined in its request for the establishment of a panel in the dispute.

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