Anti-dumping, subsidies, safeguards
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European Communities - Anti-Dumping Duties on Imports of Cotton-type Bed Linen from India - Recourse 1
On 3 August 1998 India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/97 of 12 June 1997. This was followed by the imposition of definitive duties in accordance with the above-mentioned EC Council Regulation No 2398/97 of 28 November 1997.
European Communities - Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil
On 21 December 2000 Brazil requested consultations with the EC as regards definitive anti-dumping duties imposed by Council Regulation (EC) No. 1784/2000 concerning imports of malleable cast iron tube or pipe fittings originating inter alia in Brazil. Brazil considered that the EC’s establishment of the facts was not proper and that its evaluation of these facts was not unbiased and objective both at the provisional and definitive stage particularly in relation to the initiation and conduct of the investigation (including the evaluation findings and determination of dumping injury and causal link between them). Brazil also challenged the evaluation and findings made in relation to the “community interest”. In sum Brazil considered that the EC had infringed Article VI of GATT 1994 and Articles 1 2 3 4 5 6 7 9 11 12 and 15 of the Anti-dumping Agreement.
Canada - Export Credits and Loan Guarantees for Regional Aircraft
On 17 February 2003 the WTO issued the dispute panel reports in the case "Canada - Export credits and loan guarantees for regional aircraft".
Argentina - Definitive Safeguard Measure on Imports of Preserved Peaches
On 14 September 2001 Chile requested consultations with Argentina in respect of a definitive safeguard measure which Argentina applies on imports of peaches preserved in water containing added sweetening matter including syrup preserved in any other form or in water. According to Chile Argentina’s definitive safeguard measure is inconsistent with Articles 2 4 5 and 12 of the Agreement on Safeguards and Article XIX:1 of GATT 1994.
United States - Continued Dumping and Subsidy Offset Act of 2000
On 21 December 2000 and 21 May 2001 respectively the complainants requested consultations with the US concerning the amendment to the Tariff Act of 1930 signed on 28 October 2000 with the title of “Continued Dumping and Subsidy Offset Act of 2000” (the “Act”) usually referred to as “the Byrd Amendment”. According to the complainants the Act is inconsistent with the obligations of the United States under several provisions of the GATT the AD Agreement the SCM Agreement and the WTO Agreement. In particular the Act is alleged to be inconsistent with the obligations of the United States under: (i) Article 18.1 of the ADA in conjunction with Article VI:2 of the GATT and Article 1 of the ADA; (ii) Article 32.1 of the SCM Agreement in conjunction with Article VI:3 of the GATT and Articles 4.10 7.9 and 10 of the SCM Agreement; (iii) Article X(3)(a) of the GATT; (iv) Article 5.4 of the ADA and Article 11.4 of the SCM Agreement; (v) Article 8 of the ADA and Article 18 of the SCM Agreement; (vi) Article 5 of the SCM Agreement; and (vii) Article XVI:4 of the Marrakesh Agreement establishing the WTO Article 18.4 of the ADA and Article 32.5 of the SCM Agreement.
Flow Charts
The following Flow Charts graphically illustrate the different steps involved in calculating the margin of dumping. The Advanced Flow Chart shows the different steps in the form of a decision-tree. All references are to the relevant articles of the AD Agreement.
Procedural Aspects of an Anti-Dumping Investigation
The following section is a basic overview of how an anti-dumping investigation unfolds in practice. It also describes in summary fashion how anti-dumping measures resulting from such investigations are assessed and reviewed over time. In order to relate the practical aspects of an investigation to specific provisions of the AD Agreement references to the relevant articles of the AD Agreement are given.
Key Definitions and Concepts Applicable to the Investigation
As specialized terminology and concepts will be used and as an anti-dumping investigation is guided by certain principles and main procedural elements these issues will be addressed and explained first before going into the process of the investigation itself.
Domestic Legal Framework
The modalities of incorporating the provisions of the WTO Agreements and therefore also the AD Agreement in the domestic legal systems of Members and the design of the institutional aspects regarding anti-dumping investigations are preparatory arrangements which have to be addressed prior to considering the initiation of an anti-dumping investigation. These issues are addressed only in a cursory fashion as the modalities and structures involved are to a large degree determined by the constitutional law of each Member the delegation of powers to different bodies and agencies and other overarching considerations.