. /.WORLD TRADE
ORGANIZATIONWT/DS213/6
3 September 2002
(02-4663)
Original:  English
UNITED STATES – COUNTERVAILING DUTIES ON CERTAIN
CORROSION-RESISTANT CARBON STEEL
FLAT PRODUCTS FROM GERMANY
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 30 August 2002, sent by 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 th e 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 issues of law
covered in the panel report on United States - Countervailing Duties on Certain Corrosion-Resistant
Carbon Steel Flat Products from Germany  (WT/DS213/R) and certain legal interpretations developed
by the Panel.
1. The United States seeks review by the Appellate Body of the Panel's finding that the U.S.
countervailing duty ("CVD") law and the accompanying regulations are inconsistent with Article 21.3of the Agreement on Subsidies and Countervailing Measures  ("SCM Agreement") in respect of the
application of a 0.5 percent de minimis  standard to sunset reviews, and the corollary finding that this
inconsistency constitutes a violation of Article 32.5 of the SCM Agreement and Article XVI:4 of the
Marrakesh Agreement Establishing the World Trade Organization .  These findings are in error, and
are based upon erroneous findings on issues of law and on related legal interpretations.
2. The United States seeks review by the Appellate Body of the Panel's finding that the
United States acted in violation of Article 21.3 of the SCM Agreement by applying a 0.5 percent  de
minimis   standard to the sunset review of the CVD order on corrosion-resistant carbon steel flat
products from Germany.  This finding is in error, and is based upon erroneous findings on issues oflaw and on related legal interpretations.
3. The United States seeks review by the Appellate Body of the Panel's refusal to dismiss the
European Communities' claims regarding the consistency of U.S. law, as such, with the obligation to
determine likelihood of continuation or recurrence of subsidization.  This refusal on the part of thePanel is in error, and is based upon erroneous findings on issues of law and on related legal
interpretations.  The United States notes, however, that the Appellate Body will need to address this
issue only if the European Communities appeals, and the Appellate Body reverses, the Panel's findingWT/DS213/6
Page 2
that the U.S. CVD law and the accompanying regulations and statement of policy practices are
consistent with Article 21.3 of the SCM Agreement in respect of the obligation to determine the
likelihood of continuation or recurrence of subsidization in sunset reviews.
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