Antidumping, subvenciones, salvaguardias
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World Trade Report 2009
One of the main objectives of this Report is to analyze whether WTO provisions provide a balance between supplying governments with necessary flexibility to face difficult economic situations and adequately defining them in a way that limits their use for protectionist purposes. In analysing this question the Report focuses primarily on contingency measures available to WTO members when importing and exporting goods. These measures include the use of safeguards such as tariffs and quotas in specified circumstances anti-dumping duties on goods that are deemed to be “dumped” and countervailing duties imposed to offset subsidies. The Report also discusses alternative policy options including the renegotiation of tariff commitments the use of export taxes and increases in tariffs up to their legal maximum ceiling or binding. The analysis includes consideration of legal economic and political economy factors that influence the use of these measures and their associated benefits and costs.
The trade situation in 2008-09
Signs of a sharp deterioration in the global economy were evident in the second half of 2008 and the first few months of 2009 as world trade flows sagged and production slumped first in developed economies and then in developing countries. Although world trade grew by 2 per cent in volume terms over the course of 2008 it tapered off in the last six months of the year and was well down on the 6 per cent volume increase posted in 2007. World output measured by real gross domestic product (GDP) also slowed appreciably falling to 1.7 per cent in 2008 from 3.5 per cent a year earlier.
United States - Continued Existence and Application of Zeroing Methodology
On 2 October 2006 the European Communities requested consultations with the United States concerning its continued application of the “zeroing” methodology. In particular the request for consultations concerns (i) the implementing regulation (19 CFR Section 351) of the US Department of Commerce especially section 351.414(c)(2); and (ii) the Import Administration Antidumping Manual (1997 edition) including the computer program(s) to which it refers. The European Communities claims that based on these regulations the US Department of Commerce continued to apply the “zeroing” methodology in the determinations of the margin of dumping in the final results of the anti-dumping administrative reviews concerning various EC goods and any assessment instructions issued pursuant to those final results.
China - Measures Affecting Imports of Automobile Parts
On 30 March 2006 the European Communities and the United States and on 13 April 2006 Canada requested consultations with China regarding China's imposition of measures that adversely affect exports of automobile parts from the European Communities the United States and Canada to China. The measures include the following: (a) Policy on Development of Automotive Industry (Order No. 8 of the National Development and Reform Commission 21 May 2004); (b) Measures for the Administration of Importation of Automotive Parts and Components for Complete Vehicles (Decree No. 125) which entered into force on 1 April 2005); and (c) Rules for Determining Whether Imported Automotive Parts and Components Constitute Complete Vehicles (General Administration of Customs Public Announcement No. 4 which entered into force on 1 April 2005; as well as any amendments replacements extensions implementing measures or other measures related.
United States - Continued Existence and Application of Zeroing Methodology
On 2 October 2006 the European Communities requested consultations with the United States concerning its continued application of the “zeroing” methodology. In particular the request for consultations concerns (i) the implementing regulation (19 CFR Section 351) of the US Department of Commerce especially section 351.414(c)(2); and (ii) the Import Administration Antidumping Manual (1997 edition) including the computer program(s) to which it refers. The European Communities claims that based on these regulations the US Department of Commerce continued to apply the “zeroing” methodology in the determinations of the margin of dumping in the final results of the anti-dumping administrative reviews concerning various EC goods and any assessment instructions issued pursuant to those final results.
China - Measures Affecting Imports of Automobile Parts
On 30 March 2006 the European Communities and the United States and on 13 April 2006 Canada requested consultations with China regarding China's imposition of measures that adversely affect exports of automobile parts from the European Communities the United States and Canada to China. The measures include the following: (a) Policy on Development of Automotive Industry (Order No. 8 of the National Development and Reform Commission 21 May 2004); (b) Measures for the Administration of Importation of Automotive Parts and Components for Complete Vehicles (Decree No. 125) which entered into force on 1 April 2005); and (c) Rules for Determining Whether Imported Automotive Parts and Components Constitute Complete Vehicles (General Administration of Customs Public Announcement No. 4 which entered into force on 1 April 2005; as well as any amendments replacements extensions implementing measures or other measures related.
United States - Measures Relating to Shrimp from Thailand. Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties
On 24 April 2006 Thailand requested consultations with the United States concerning anti-dumping measures on imports of frozen warmwater shrimp. Thailand requests consultations on the United States’ application in the Preliminary Final and Amended Final Determinations of the practice known as “zeroing” negative dumping margins the effect of which was to artificially create margins of dumping and the consequent imposition of definitive anti-dumping measures on imports of certain frozen warmwater shrimp from Thailand.
United States - Measures Relating to Shrimp from Thailand
On 24 April 2006 Thailand requested consultations with the United States concerning anti-dumping measures on imports of frozen warmwater shrimp. Thailand requests consultations on the United States’ application in the Preliminary Final and Amended Final Determinations of the practice known as “zeroing” negative dumping margins the effect of which was to artificially create margins of dumping and the consequent imposition of definitive anti-dumping measures on imports of certain frozen warmwater shrimp from Thailand.
United States - Final Anti-Dumping Measures on Stainless Steel from Mexico
On 26 May 2006 Mexico requested consultations with the United States concerning a series of final anti-dumping determinations by the US Department of Commerce concerning imports of stainless steel sheet and strip in coils from Mexico for the period between January 1999 and June 2004. It also addresses: (i) certain sections of the US Tariff Act of 1930 as amended; (ii) the Statement of Administrative Action that accompanied the Uruguay Round Agreements; (iii) specific sections of the US Department of Commerce’s regulations codified at Title 19 of the US Code of Federal Regulations; (iv) the 1997 edition of the Import Administration Antidumping Manual; and (v) the methodology employed by the US Department of Commerce to determine the overall margin of dumping for the product subject to the original investigation and administrative reviews whereby the Department disregarded (“zeroed”) negative dumping margins.
United States - Measures Relating to Shrimp from Thailand
On 24 April 2006 Thailand requested consultations with the United States concerning anti-dumping measures on imports of frozen warmwater shrimp. Thailand requests consultations on the United States’ application in the Preliminary Final and Amended Final Determinations of the practice known as “zeroing” negative dumping margins the effect of which was to artificially create margins of dumping and the consequent imposition of definitive anti-dumping measures on imports of certain frozen warmwater shrimp from Thailand.
United States - Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties
On 24 April 2006 Thailand requested consultations with the United States concerning anti-dumping measures on imports of frozen warmwater shrimp. Thailand requests consultations on the United States’ application in the Preliminary Final and Amended Final Determinations of the practice known as “zeroing” negative dumping margins the effect of which was to artificially create margins of dumping and the consequent imposition of definitive anti-dumping measures on imports of certain frozen warmwater shrimp from Thailand.
United States - Final Anti-Dumping Measures on Stainless Steel from Mexico
On 26 May 2006 Mexico requested consultations with the United States concerning a series of final anti-dumping determinations by the US Department of Commerce concerning imports of stainless steel sheet and strip in coils from Mexico for the period between January 1999 and June 2004. It also addresses: (i) certain sections of the US Tariff Act of 1930 as amended; (ii) the Statement of Administrative Action that accompanied the Uruguay Round Agreements; (iii) specific sections of the US Department of Commerce’s regulations codified at Title 19 of the US Code of Federal Regulations; (iv) the 1997 edition of the Import Administration Antidumping Manual; and (v) the methodology employed by the US Department of Commerce to determine the overall margin of dumping for the product subject to the original investigation and administrative reviews whereby the Department disregarded (“zeroed”) negative dumping margins.
Japan - Countervailing Duties on Dynamic Random Access Memories from Korea
On 14 March 2006 Korea requested consultations with Japan concerning countervailing duties imposed by Japan on certain Dynamic Random Access Memories (DRAMs) from Korea. According to Korea notice of the imposition of such duties was provided by Japan in Cabinet Order No. 13 and Finance Notice 35 published respectively in Issue No. 4264 and Special Issue No. 17 of the Official Gazette dated 27 January 2006. The request for consultations also concerns certain aspects of the investigation and the determination that led to the imposition of such duties.
European Communities - Anti-Dumping Measure on Farmed Salmon from Norway
On 17 March 2006 Norway requested consultations with the European Communities concerning Council Regulation (EC) No. 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway.
Korea - Anti-Dumping Duties on Imports of Certain Paper from Indonesia (WT/DS312) - Recourse 1
On 4 June 2004 Indonesia requested consultations with Korea concerning the imposition of definitive anti-dumping duties by Korea on imports of business information paper and uncoated wood-free printing paper from Indonesia and certain aspects of the investigation leading to the imposition of such duties.
Japan - Countervailing Duties on Dynamic Random Access Memories from Korea
On 14 March 2006 Korea requested consultations with Japan concerning countervailing duties imposed by Japan on certain Dynamic Random Access Memories (DRAMs) from Korea. According to Korea notice of the imposition of such duties was provided by Japan in Cabinet Order No. 13 and Finance Notice 35 published respectively in Issue No. 4264 and Special Issue No. 17 of the Official Gazette dated 27 January 2006. The request for consultations also concerns certain aspects of the investigation and the determination that led to the imposition of such duties.
Mexico - Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala
On 17 June 2005 Guatemala requested consultations with Mexico concerning the definitive anti-dumping duties imposed by Mexico against imports of steel pipes and tubes from Guatemala and the investigation leading thereto. According to Guatemala the anti-dumping duties concerned and the investigation leading thereto are inconsistent with Mexico’s obligations
United States - Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina - Recourse 1
On 7 October 2002 Argentina requested consultations with the US regarding the final determinations of the US Department of Commerce (“DOC”) and the US International Trade Commission (“ITC”) in the sunset reviews of the anti-dumping duty order on OCTG from Argentina issued on 7 November 2000 (65 Federal Register 66701) and June 2001 (USITC Pub. No. 3434) respectively and the DOC’s determination to continue the anti-dumping duty order on OCTG from Argentina issued on 25 July 2001 (66 Federal Register 38630). Argentina considered that general US laws regulations policies and procedures related to the administration of sunset reviews and the application of anti-dumping measures were inconsistent either on their face or as applied with Articles 1 2 3 5 6 11 12 and 18 of the Anti-Dumping Agreement (ADA); Articles VI and X of the General Agreement on Tariffs and Trade (GATT) 1994; and Article XVI:4 of the WTO Agreement. Furthermore Argentina claimed that the sunset review conducted by the DOC is inconsistent with Articles 2 5 5.8 11.3 11.4 12.1 and 12.3 of the ADA. It also claimed that the sunset review conducted by the ITC was inconsistent with Articles 3 and 11.3 of the ADA.
United States - Anti-Dumping Measure on Shrimp from Ecuador
On 17 November 2005 Ecuador requested consultations with the United States concerning the final affirmative determination of sales at less than fair value with respect to certain frozen warmwater shrimp from Ecuador published by the United States Department of Commerce (DOC) on 23 December 2004 the amended final determination of sales at less than fair value on 1 February 2005 and the accompanying anti-dumping duty order. According to Ecuador it has concerns particularly about the DOC’s practice of “zeroing” negative anti-dumping margins based on which the DOC issued the foregoing determinations and order. Ecuador considers that the foregoing determinations and order are inconsistent with Article VI of the GATT 1994 and Articles 1 2.1 2.2 2.4 2.4.2 5.8 6.10 9.2 9.3 9.4 and 18.1 of the Anti-Dumping Agreement.
United States - Measures Relating to Zeroing and Sunset Reviews
On 24 November 2004 Japan requested consultations with the United States concerning (1) the USDOC’s “zeroing” practice in anti-dumping investigations administrative reviews sunset reviews and also in assessing the final anti-dumping duty liability on entries upon liquidation; (2) the USDOC’s “irrefutable presumption” in sunset reviews; and (3) the waiver provisions of US law which in sunset reviews oblige the USDOC in certain situations to find a likelihood of continuation or recurrence of dumping without performing a substantive review.
United States - Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina - Recourse 1
On 7 October 2002 Argentina requested consultations with the US regarding the final determinations of the US Department of Commerce (“DOC”) and the US International Trade Commission (“ITC”) in the sunset reviews of the anti-dumping duty order on OCTG from Argentina issued on 7 November 2000 (65 Federal Register 66701) and June 2001 (USITC Pub. No. 3434) respectively and the DOC’s determination to continue the anti-dumping duty order on OCTG from Argentina issued on 25 July 2001 (66 Federal Register 38630). Argentina considered that general US laws regulations policies and procedures related to the administration of sunset reviews and the application of anti-dumping measures were inconsistent either on their face or as applied with Articles 1 2 3 5 6 11 12 and 18 of the Anti-Dumping Agreement (ADA); Articles VI and X of the General Agreement on Tariffs and Trade (GATT) 1994; and Article XVI:4 of the WTO Agreement. Furthermore Argentina claimed that the sunset review conducted by the DOC is inconsistent with Articles 2 5 5.8 11.3 11.4 12.1 and 12.3 of the ADA. It also claimed that the sunset review conducted by the ITC was inconsistent with Articles 3 and 11.3 of the ADA.
United States - Measures Relating to Zeroing and Sunset Reviews
On 24 November 2004 Japan requested consultations with the United States concerning (1) the USDOC’s “zeroing” practice in anti-dumping investigations administrative reviews sunset reviews and also in assessing the final anti-dumping duty liability on entries upon liquidation; (2) the USDOC’s “irrefutable presumption” in sunset reviews; and (3) the waiver provisions of US law which in sunset reviews oblige the USDOC in certain situations to find a likelihood of continuation or recurrence of dumping without performing a substantive review.
United States - Final Dumping Determination on Softwood Lumber from Canada - Recourse 1
On 13 September 2002 Canada requested consultations under Article 4.8 of the DSU (urgency procedure) with the United States concerning the final affirmative determination of sales at less than fair value (dumping) with respect to certain softwood lumber products from Canada (Inv. No. A-122-838) announced by the US Department of Commerce (USDOC) on 21 March 2002 pursuant to Section 735 of the Tariff Act of 1930 as amended on 22 May 2002 (Final Determination). The measures at issue include the initiation of the investigation the conduct of the investigation and the Final Determination. Canada considered these measures and in particular the determinations made and methodologies adopted therein by the DOC under authority of the United States Tariff Act of 1930 to violate Articles 1 2.1 2.2 2.4 2.6 5.1 5.2 5.3 5.4 5.8 6.1 6.2 6.4 6.9 and 9.3 of the Anti-Dumping Agreement and Articles VI and X:3(a) of the GATT 1994.
Some stated objectives of governments for using subsidies
This Section discusses the main objectives governments claim to pursue with subsidies including industrial development innovation and support for national champions environment related objectives and redistribution. Under the broad category “redistribution” three more specific objectives are examined: the use of subsidies for regional policy purposes adjustment support for declining industries and universal service obligations. This selection does not pretend to be exhaustive but it covers some of the most important objectives pursued by governments in developing and developed countries.
Acknowledgements
The World Trade Report 2006 was prepared under the general direction of Deputy Director-General Alejandro Jara. Patrick Low Director of the Economic Research and Statistics Division led the team responsible for writing the Report. The principal authors of the Report were Marc Bacchetta Bijit Bora K. Michael Finger Marion Jansen Alexander Keck Clarisse Morgan Roberta Piermartini and Robert Teh. Trade statistics information was provided by the Statistics Group of the Economic Research and Statistics Division coordinated by Guy Karsenty Julia de Verteuil Andreas Maurer and Jürgen Richtering.
Executive summary
The World Trade Report 2006 begins with a short summary of salient trends in international trade based on the Secretariat’s earlier Report issued in April. We also provide brief analytical commentaries on certain topical trade issues which this year cover recent trends in trade in textiles and clothing an examination of the evolution of international royalty and fee payments developments in the trade of least-developed countries and an analysis of the effects of natural disasters and acts of terrorism on international trade flows. The core topic for analysis in WTR 2006 is subsidies. The Report explores this area of policy in terms of how subsidies are defined what economic theory can tell us about subsidies why governments use subsidies the most prominent sectors in which subsidies are applied and the role of the WTO Agreement in regulating subsidies in the context of international trade.
Recent trends in international trade
The world economy expanded by 3.3 per cent in 2005 less rapidly than in 2004 but still slightly faster than the decade average. Economic growth remained strong in most regions although less buoyant than in the preceding year. Only Europe’s economy continued to record low GDP growth – less than half the rate observed in North America. In contrast to Europe Japan experienced a strengthening of economic activity. In light of slower economic growth worldwide in 2005 and of oil market developments merchandise trade growth – like GDP growth – decelerated in real terms but still exceeded the average for the last decade.
The economics of subsidies
The purpose of this Section is to assist the reader to better understand the twin questions of why governments use subsidies and how subsidies impact international trade. As is frequently the case in economic analysis the starting point for what follows is a “benchmark” economy featuring perfectly competitive markets. This approach provides the basis for general insights into the impact of policy interventions such as subsidies. As discussed further below under the condition of a perfectly competitive market no case can be made for a subsidy. Introducing a subsidy or some other government measure within a perfect market framework will be inefficient and welfare-diminishing. But if the perfect market assumption is relaxed situations may arise where a government measure like a subsidy improves welfare. An efficient subsidy would correct a market failure bringing social and private costs and benefits into alignment.
Defining subsidies
At the origins of the GATT little attention was given to the trade impact of subsidies. However contracting parties soon appreciated the need to deal with subsidies in order to secure the value of their agreed tariff concessions. A country can undermine its market access commitments by providing subsidies to import-competing industries. In addition subsidies given to competing exporters in third countries can divert trade away from a country that had relied on negotiated market access to another market. These concerns led to the development of more stringent disciplines on subsidies than those initially provided for under the GATT (1947). A major step was the negotiation of the plurilateral “Subsidies Code” during the Tokyo Round and thereafter of the WTO Agreement on Subsidies and Countervailing Measures (SCM) and the Agreement on Agriculture (AoA).
The incidence of subsidies
This Section provides an overview of the use of subsidies both at the global level and at different levels of geographical and sectoral disaggregation. Given the quantity and quality of the available data it is not possible to provide a comprehensive and systematic picture of the incidence of subsidies.
Selected trade developments and issues
The Agreement on Textiles and Clothing (ATC) came to an end on 1 January 2005. Much interest not to mention concern was expressed about the likely impact on production and trade of the removal of quota restrictions. It was apparent to most observers that there would be winners and losers from the additional liberalization. It is too early to say how the market will look beyond the relatively short period upon which we can base our observations but this note looks at what we know so far about the pattern of trade that has emerged since the quantitative restrictions were (largely) removed. A caveat is in order here: there can be little doubt that the termination of the AT C affected the patterns of trade observed in 2005 but we have not developed a rigorous analytical approach to the question of what other factors might also influence the pattern of trade flows.
Foreword
The World Trade Report 2006 is the fourth in a series launched in 2002. As in previous years the present Report has taken up a current issue in trade policy. This year we have looked at subsidies. The contribution we hope to make with these Reports is to aid understanding of complex trade policy issues facing governments. This is not intended primarily as a prescriptive Report but rather as an invitation to deeper reflection and it is aimed not just at policy-makers but also the public they represent and the individuals and organizations that actively seek to influence government policies. In addition to the core topic the Report also takes a brief look at recent developments in trade and discusses some salient features of recent trade developments or a particular aspect of trade. This year the Report looks briefly at trade in textiles and clothing flows of international receipts and payments of royalties and license fees trends in the trade of least-developed countries and the impact of natural disasters and terrorist acts on international trade flows.
Subsidies and the WTO
We have discussed the economic arguments for and against different kinds of subsidization earlier in the Report. Economic analysis tells us that market failures of various kinds can sometimes be addressed efficiently with subsidies. It also tells us that subsidies can distort trade flows if they give an artificial competitive advantage to exporters or import-competing industries. Whether a subsidy is viewed as a desirable intervention for correcting a market failure or as an undesirable trade distortion depends sometimes upon who is making the judgement. But economic analysis ought to be able to help both in determining the desirability of an intervention from a welfare perspective and in assessing the merits of alternative forms of intervention. Governments may however decide to grant certain kinds of subsidies that have little to do with efficiency considerations and in such cases economic analysis based on a simple welfare analysis may be of limited use. Also in these cases the analysis is probably most helpful in ensuring that policy-makers are aware of the costs of pursuing particular objectives and of alternative lesser-cost ways of doing so. We also know that judgements about what to subsidize by how much and for how long are complex technical questions on which governments frequently lack adequate information.
World Trade Report 2006
The annual World Trade Report focuses on trade policy issues - the core topic addressed in 2006 is subsidies. The Report also takes a look at recent trade developments and examines a range of trade topics including trade in textiles and clothing flows of international receipts and payments of royalties and license fees trends in the trade of least-developed countries and the impact of natural disasters and terrorist acts on international trade flows. The World Trade Report is useful for policymakers and for any individuals or groups interested in global trade policy.
Introduction
Subsidies are one of many policy instruments subject to rules in the multilateral trading system but they present more complex issues for policy-makers than many other instruments subject to GATT /WTO rules. One reason for this is that subsidies can be defined in different ways. Another is that that they are used in pursuit of a wide array of objectives. Even where they are not aimed at trade they can affect trade flows. The kinds of subsidies of primary concern to this Report are those that impart an advantage to some domestic producers and thereby affect trade. The challenging task of determining which sorts of subsidies are problematic from the perspective of the trading system and what might be done about them has occupied an important place on the agenda of the WTO /GATT system.
United States - Laws, Regulations and Methodology for Calculating Dumping Margins ("Zeroing")
On 12 June 2003 the European Communities requested consultations with the United States concerning a methodology used by the US among others in the calculation of dumping margins known as “zeroing”. The “zeroing” methodology generally speaking involves treating specific price comparisons which do not show dumping as zero values in the calculation of a weighted average dumping margin. The request concerned specific provisions of the US Tariff Act of 1930 and the Department of Commerce implementing regulation as well as US Department of Commerce methodology and its determinations in specific cases involving products imported from the European Communities.
United States - Investigation of the International Trade Commission in Softwood Lumber from Canada - Recourse 1
On 20 December 2002 Canada requested consultations with the United States regarding the investigation of the USITC in Softwood Lumber from Canada (Invs. Nos. 701-TA-414 and 731-TA-928 (Final)) and the final definitive anti-dumping and countervailing duties applied as a result of the USITC’s final determination made on 2 May 2002 notice of which was published in the United States Federal Register on 22 May 2002 (Volume 67 Number 99 at pp. 36022-36023) that an industry in the United States is threatened with material injury by reason of imports of softwood lumber from Canada that the Department of Commerce has determined are subsidized and sold in the United States at less than fair value. Canada claimed that through these measures the United States has violated its obligations under Article VI:6(a) of the GATT 1994 Articles 1 3.1 3.2 3.3 3.4 3.5 3.7 3.8 12 and 18.1 of the Anti-Dumping Agreement and Articles 10 15.1 15.2 15.3 15.4 15.5 15.7 15.8 22 and 32.1 of the SCM Agreement.
United States - Final Dumping Determination on Softwood Lumber from Canada - Recourse 1
On 13 September 2002 Canada requested consultations under Article 4.8 of the DSU (urgency procedure) with the United States concerning the final affirmative determination of sales at less than fair value (dumping) with respect to certain softwood lumber products from Canada (Inv. No. A-122-838) announced by the US Department of Commerce (USDOC) on 21 March 2002 pursuant to Section 735 of the Tariff Act of 1930 as amended on 22 May 2002 (Final Determination). The measures at issue include the initiation of the investigation the conduct of the investigation and the Final Determination. Canada considered these measures and in particular the determinations made and methodologies adopted therein by the DOC under authority of the United States Tariff Act of 1930 to violate Articles 1 2.1 2.2 2.4 2.6 5.1 5.2 5.3 5.4 5.8 6.1 6.2 6.4 6.9 and 9.3 of the Anti-Dumping Agreement and Articles VI and X:3(a) of the GATT 1994.
United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada - Recourse 1
On 3 May 2002 Canada requested consultations with the United States. The request concerned the final affirmative countervailing duty determination by the US Department of Commerce (File No. C‑122839) issued on 25 March 2002 with respect to certain softwood lumber from Canada. The measures at issue include the initiation and conduct of the investigation the final determination provision of expedited reviews and other matters related to these measures. Canada contended that these measures were inconsistent with and violate the United States’ obligations under Articles 1 2 10 11 12 14 15 19 22 and 32.1 of the SCM Agreement and Articles VI:3 and X:3 of the GATT 1994.
Mexico - Definitive Anti-Dumping Measures on Beef and Rice (Complaint with Respect to Rice)
On 16 June 2003 the United States requested consultations with Mexico concerning its definitive anti-dumping measures on beef and long grain white rice as well as certain provisions of Mexico’s Foreign Trade Act and its Federal Code of Civil Procedure.
United States - Investigation of the International Trade Commission in Softwood Lumber from Canada - Recourse 1
On 20 December 2002 Canada requested consultations with the United States regarding the investigation of the USITC in Softwood Lumber from Canada (Invs. Nos. 701-TA-414 and 731-TA-928 (Final)) and the final definitive anti-dumping and countervailing duties applied as a result of the USITC’s final determination made on 2 May 2002 notice of which was published in the United States Federal Register on 22 May 2002 (Volume 67 Number 99 at pp. 36022-36023) that an industry in the United States is threatened with material injury by reason of imports of softwood lumber from Canada that the Department of Commerce has determined are subsidized and sold in the United States at less than fair value. Canada claimed that through these measures the United States has violated its obligations under Article VI:6(a) of the GATT 1994 Articles 1 3.1 3.2 3.3 3.4 3.5 3.7 3.8 12 and 18.1 of the Anti-Dumping Agreement and Articles 10 15.1 15.2 15.3 15.4 15.5 15.7 15.8 22 and 32.1 of the SCM Agreement.
United States - Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico
On 18 February 2003 Mexico requested consultations with the US as regards several anti-dumping measures imposed by the US on imports of OCTG from Mexico including the final determinations in some administrative and sunset reviews; and the US authorities’ determination regarding the continuation of the anti-dumping orders. In addition to these measures Mexico’s request includes a number of laws regulations and administrative practices (such as “zeroing”) used by the US authorities in the above determinations. Mexico considers that the above anti-dumping measures are incompatible with Articles 1 2 3 6 11 and 18 of the Anti-Dumping Agreement Articles VI and X of the GATT 1994 and Article XVI:4 of the WTO Agreement.
United States - Laws, Regulations and Methodology for Calculating Dumping Margins ("Zeroing")
On 12 June 2003 the European Communities requested consultations with the United States concerning a methodology used by the US among others in the calculation of dumping margins known as “zeroing”. The “zeroing” methodology generally speaking involves treating specific price comparisons which do not show dumping as zero values in the calculation of a weighted average dumping margin. The request concerned specific provisions of the US Tariff Act of 1930 and the Department of Commerce implementing regulation as well as US Department of Commerce methodology and its determinations in specific cases involving products imported from the European Communities.
Korea - Anti-Dumping Duties on Imports of Certain Paper from Indonesia (WT/DS312)
On 4 June 2004 Indonesia requested consultations with Korea concerning the imposition of definitive anti-dumping duties by Korea on imports of business information paper and uncoated wood-free printing paper from Indonesia and certain aspects of the investigation leading to the imposition of such duties.
United States - Countervailing Measures Concerning Certain Products from the European Communities - Recourse 1
On 10 November 2000 the EC requested consultations with the US concerning the continued application by the United States of countervailing duties on a number of products. In particular the EC claimed that the application of the “same person” methodology by the US and the continued imposition of duties based on it are in breach of Articles 10 19 and 21 of the SCM Agreement because there is no proper determination of a benefit to the producer of the goods under investigation as required by Article 1.1(b) of the SCM Agreement. The EC included in this request for consultations 14 US countervailing duty orders1 where this “same person” methodology was applied. All these cases involve alleged non-recurring subsidies granted to firms prior to a change of ownership.
United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada - Recourse 1
On 3 May 2002 Canada requested consultations with the United States. The request concerned the final affirmative countervailing duty determination by the US Department of Commerce (File No. C‑122839) issued on 25 March 2002 with respect to certain softwood lumber from Canada. The measures at issue include the initiation and conduct of the investigation the final determination provision of expedited reviews and other matters related to these measures. Canada contended that these measures were inconsistent with and violate the United States’ obligations under Articles 1 2 10 11 12 14 15 19 22 and 32.1 of the SCM Agreement and Articles VI:3 and X:3 of the GATT 1994.