Dominican Republic appeals WTO decision on anti-dumping measures on rods from Costa Rica

On September 18, the Dominican Republic filed an appeal against a decision issued by a Panel of Experts (Special Group) of the World Trade Organization (WTO) in July. The WTO had supported Costa Rica in its dispute with the Dominican Republic over anti-dumping measures imposed by the Dominican Republic on the import of corrugated or deformed steel bars or rods for concrete reinforcement from Costa Rica.

In response to the matter, “Dominican Republic – Antidumping measures on corrugated steel bars (DS605),” raised by Costa Rica and circulated on July 27 of this year, the Dominican Trade Defense Commission conducted a thorough review and analysis of the Panel’s report. The commission considered the interpretations made by the Panel on various articles of the Anti-Dumping Agreement to be “erroneous.”

Through this appeal, the Commission aims to defend the national industry and affirm that the investigation leading to the imposition of 15% antidumping measures against corrugated steel bars or rods from Costa Rica adhered to due process and was in accordance with local and international laws, as stated in a press release by the entity.

The Panel’s investigation concluded that the antidumping measures imposed by the Dominican Republic on Costa Rican products were inconsistent with WTO rules.

The dispute originated when Costa Rica challenged the existence of dumping and the calculation of tariffs imposed by the Dominican Republic. In July 2021, Costa Rica requested consultations with the Dominican Republic to address its concerns. When the dispute could not be resolved bilaterally, Costa Rica brought the matter to the WTO.

On December 20, 2021, the WTO Dispute Settlement Body established a special group to settle the trade dispute upon Costa Rica’s request. This group determined that the calculations made by Dominican trade authorities, which had found evidence of dumping (selling below cost), did not comply with the antidumping agreements. The Dominican Republic had 60 days to appeal this decision.

The Dominican Republic will maintain the antidumping measures in place until the WTO process is completed. The Dominican Trade Defense Commission emphasized that the WTO Panel had evaluated various aspects of the dumping investigation and had ruled in favor of the Dominican Republic on many of them, underscoring the professionalism with which the Commission conducted the investigation. These aspects include the legitimacy of initiating the case, adherence to due process, and the examination of the impact of imports on the national market.