WORLD TRADE
ORGANIZATIONWT/DS202/7
6 November 2001
(01-5530)
Original:  English
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF
CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Notification of an Appeal by the United States
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 6 November 2001, sent by the Permanent Mission of the
United States to the Dispute Settlement Body (DSB), is circulated to Members.  This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the
Working Procedures for Appellate Review .
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Pursuant to Article 16 of the  Understanding on Rules and Procedures Governing the
Settlement of Disputes  ("DSU") and Rule 20 of the Working Procedures for Appellate Review, the
United States hereby notifies its decision to appeal to the Appellate Body certain findings of law andlegal interpretations contained in the Panel Report in  United States – Definitive Safeguard Measures
on Imports of Circular Welded Carbon Quality Line Pipe from Korea  (WT/DS202/R).  The United
States seeks review by the Appellate Body of th e following Panel’s conclusions that are based upon
erroneous findings on issues of law and on related legal interpretations:
1) That the United States acted inconsistently with Articles 3.1 and 4.2(c) of the
Agreement on Safeguards  by failing to include in its published report a finding or
reasoned conclusion either (1) that increased imports have caused serious injury, or
(2) that increased imports are threatening to cause serious injury.
2) That the United States acted inconsistently with Article 4.2(b) of the  Agreement on
Safeguards  by failing to establish a causal link between increased imports and the
serious injury, or threat thereof.
3) That the United States acted inconsistently with its obligations under Article 12.3 of
the  Agreement on Safeguards  by failing to provide an adequate opportunity for prior
consultations with Members having a substantial interest as exporters of line pipe.
4) That the United States acted inconsistently with its obligations under Article 8.1 of
the  Agreement on Safeguards  to endeavor to maintain a substantially equivalent
level of concessions and other obligations.
5) That the United States applied the line pipe safeguard to developing countries whose
imports do not exceed the individual and collective thresholds in Article 9.1 of the
Agreement on Safeguards .
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