3. OTHER ISSUES
• Uncontested claims: Although the respondent did not contest Korea's claim, the Panel considered that DSU Art. 11
set forth its responsibilities. Further, with respect to the burden of proof, the Panel held that even though the respondent
did not contest the claim, Korea was nevertheless required to make a prima facie case of violation.
• Status of Appellate Body reports: The Panel noted the consistent line of panel and Appellate Body reports regarding
the use of zeroing in the context of the “weighted-average to weighted-average” methodology in original investigations.
Although there is no system of precedent within the WTO dispute settlement system, the Panel held that adopted
Appellate Body reports create legitimate expectations among WTO Members.