. /.WORLD TRADE
ORGANIZATIONWT/DS122/2
15 October 1999
(99-4442)
Original:  English
THAILAND – ANTI-DUMPING DUTIES ON ANGLES, SHAPES AND
SECTIONS OF IRON OR NON-ALLOY STEEL AND H-BEAMS
FROM POLAND
Request for the Establishment of a Panel by Poland
The following communication, dated 13 October 1999, from the Permanent Mission of
Poland to the Chairman of the Dispute Settlement B ody, is circulated pursuant to Article 6.2 of the
DSU.
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I have the honour to request the establishment of a panel pursuant to Articles 4 and 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes and Article 17 of theAgreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the
Antidumping Agreement) at the next meeting of  the Dispute Settlement Body to be held on
27 October 1999.
On 6 April 1998, Republic of Poland (Poland) requested formal consultations with the
Kingdom of Thailand (Thailand) as regards the imposition of definitive antidumping duties by
Thailand on the above-referenced H-beam steel products of Polish origin.  This request was circulatedin WTO document WT/DS122/1 – G/ADP/D9/1 of 15 April 1998.
These consultations, which were held on 29 May 1998, have allowed for a better
understanding of the positions of the respective parties, but have not lead to a mutually satisfactory
resolution to this matter.  Poland therefore now requests that a panel be established with the standardterms of reference.
The factual background of the complaint is set forth in the request for consultations referred
to above.  More specifically, Thailand has imposed definitive antidumping duties on imports of H-
beam steel products originating in Poland in contravention of the basic procedural and substantiverequirements of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and of
the Antidumping Agreement.  The principal measures to which Poland objects are:
• Thai authorities have made a determination that Polish imports caused injury to the
Thai domestic industry, in the absence of, inter alia,  “positive evidence” to support
such a finding and without the required “objective examination” of enumeratedfactors such as import volume, price effects, and the consequent impact of such
imports on the domestic industry, in contravention of Article VI of GATT 1994 and
Article 3 of the Antidumping Agreement;WT/DS122/2
Page 2
• Thai authorities have made a determination of dumping and calculated an alleged
dumping margin in violation of Articl e VI of GATT 1994 and Article 2 of the
Antidumping Agreement;
• Thai authorities initiated and conducted this investigation in violation of the
procedural and evidentiary requirements of  Article VI of GATT 1994 and Articles 5
and 6 of the Antidumping Agreement.
The above summary is designed to describe briefly the legal basis of the complaint in a
manner sufficient to present the problem clearly, but is not to be taken as restricting the arguments
which Poland may develop before the panel.
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