Solución de controversias
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United States - Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand
On 26 November 2008 Thailand requested consultations with the United States with respect to the application by the United States of the practice known as “zeroing” of negative dumping margins in the United States' determination of the margins of dumping in its anti-dumping investigation of Polyethylene Retail Carrier Bags from Thailand. Specifically Thailand requests consultations concerning the USDOC's use in the Final Determination and Amended Final Determination of the practice of “zeroing” negative anti-dumping margins in calculating overall weighted-average margins of dumping in this investigation. Thailand alleges that the effect of this practice was to create artificially margins of dumping where none would otherwise have been found or at a minimum to inflate margins of dumping. Thailand considers the USDOC's use of this practice of “zeroing” in the Final Determination the Amended Final Determination and the Order to be inconsistent with the obligations of the United States under Article VI of the GATT 1994 and in particular under Article 2.4.2 of the Anti-Dumping Agreement.
China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products
On 10 April 2007 the United States requested consultations with China concerning: (1) certain measures that restrict trading rights with respect to imported films for theatrical release audiovisual home entertainment products (e.g. video cassettes and DVDs) sound recordings and publications (e.g. books magazines newspapers and electronic publications); and (2) certain measures that restrict market access for or discriminate against foreign suppliers of distribution services for publications and foreign suppliers of audiovisual services (including distribution services) for audiovisual home entertainment products.
Trade Skirmishes and Safeguards
I propose a framework within which to interpret and evaluate the major reforms introduced to the GATT system in its transition to the WTO. In particular I examine the WTO Agreement on Safeguards that has replaced the GATT escape clause (Article XIX) and the Dispute Settlement Process (DSP) that resembles a court of law under the WTO. Using this framework I interpret the weakening of the reciprocity principle under the Agreement on Safeguards as an attempt to reduce efficiency-reducing trade skirmishes. The DSP is interpreted as an impartial arbitrator that announces its opinion about the state of the world when a dispute arises among member countries. I demonstrate that the reforms in the GATT escape clause should be bundled with the introduction of the DSP in order to maintain the incentive-compatibility of trade agreements. The model implies that trade agreements under the WTO lead to fewer trade skirmishes but this effect does not necessarily result in higher payoffs to the governments. The model also implies that the introduction of the WTO court which has no enforcement power can in fact improve the self-enforceability of trade agreements.
China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products
On 10 April 2007 the United States requested consultations with China concerning: (1) certain measures that restrict trading rights with respect to imported films for theatrical release audiovisual home entertainment products (e.g. video cassettes and DVDs) sound recordings and publications (e.g. books magazines newspapers and electronic publications); and (2) certain measures that restrict market access for or discriminate against foreign suppliers of distribution services for publications and foreign suppliers of audiovisual services (including distribution services) for audiovisual home entertainment products.
Colombia - Indicative Prices and Restrictions on Ports of Entry
On 12 July 2007 Panama requested consultations with Colombia on (i) indicative prices applicable to specific goods and (ii) restrictions on ports of entry for certain goods.
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 the Protection and Enforcement of Intellectual Property Rights
On 10 April 2007 the United States requested consultations with China concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China.
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.
India - Additional and Extra-Additional Duties on Imports from the United States
On 6 March 2007 the United States requested consultations with India with respect to “additional duties” or “extra additional duties” that India applies to imports from the United States which include (but are not limited to) wines and distilled products (HS2204 2205 2206 and 2208.
United States - Continued Suspension of Obligations in the EC – Hormones Dispute
On 8 November 2004 the European Communities filed a request for consultations with the United States asserting that the United States should have removed its retaliatory measures since the EC has removed the measures found to be WTO-inconsistent in the EC — Hormones case.
Canada - Continued Suspension of Obligations in the EC – Hormones Dispute
On 8 November 2004 the European Communities filed a request for consultations with the United States asserting that the United States should have removed its retaliatory measures since the EC has removed the measures found to be WTO-inconsistent in the EC — Hormones case.
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.
Mexico - Definitive Countervailing Measures on Olive Oil from the European Communities
On 31 March 2006 the European Communities requested consultations with Mexico concerning the imposition by Mexico of definitive countervailing measures on imports of olive oil from the European Communities.
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.
India - Additional and Extra-Additional Duties on Imports from the United States
On 6 March 2007 the United States requested consultations with India with respect to “additional duties” or “extra additional duties” that India applies to imports from the United States which include (but are not limited to) wines and distilled products (HS2204 2205 2206 and 2208.
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.
Canada - Continued Suspension of Obligations in the EC – Hormones Dispute
On 8 November 2004 the European Communities filed a request for consultations with the United States asserting that the United States should have removed its retaliatory measures since the EC has removed the measures found to be WTO-inconsistent in the EC — Hormones case.
United States - Continued Suspension of Obligations in the EC – Hormones Dispute
On 8 November 2004 the European Communities filed a request for consultations with the United States asserting that the United States should have removed its retaliatory measures since the EC has removed the measures found to be WTO-inconsistent in the EC — Hormones case.
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 - Measures Affecting the Cross-Border Supply of Gambling and Betting Services
On 21 December 2007 the WTO issued the dispute panel reports in the case "United States - Measures affecting the cross-border supply of gambling and betting services".
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.
Brazil - Measures Affecting Imports of Retreaded Tyres
On 20 June 2005 the European Communities requested consultations with Brazil on the imposition of measures that adversely affect exports of retreaded tyres from the EC to the Brazilian market.
United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services - Recourse 1
On 21 March 2003 Antigua and Barbuda requested consultations with the US regarding measures applied by central regional and local authorities in the US which affect the cross-border supply of gambling and betting services. Antigua and Barbuda considered that the cumulative impact of the US measures is to prevent the supply of gambling and betting services from another WTO Member to the United States on a cross-border basis. According to Antigua and Barbuda the measures at issue may be inconsistent with the US obligations under the GATS and in particular Articles II VI VIII XI XVI and XVII thereof and the US Schedule of Specific Commitments annexed to the GATS.
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.
Turkey - Measures Affecting the Importation of Rice
On 2 November 2005 the United States requested consultations with Turkey concerning the latter’s import restrictions on rice from the United States. According to the request Turkey requires an import license to import rice but fails to grant such licenses to import rice at Turkey’s bound rate of duty. According to the request Turkey also operates a tariff-rate quota for rice imports requiring that in order to import specified quantities of rice at reduced tariff levels importers must purchase specified quantities of domestic rice including from the Turkish Grain Board (TMO) Turkish producers or producer associations (“the domestic purchase requirement”). The request lists more than ten measures through which Turkey has allegedly maintained the foregoing restrictions on rice imports including Decree No. 96/7794 related to the General Assessment of the Regime Regarding Technical Regulations and Standardization for Foreign Trade (Official Gazette No. 22541 1 February 1996 Repeated).
Indisputably Essential
Economic theory has made considerable progress in explaining why sovereign countries cooperate in trade. Central to most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains the initial balance of concessions and prevents opportunism. However economic scholarship has been less coherent in explaining why countries choose to settle and enforce their trade disputes with the help of an impartial third party a “trade court”. Typically economists focusing on the purpose of trade agreements have assumed away the very reasons why institutions are needed since under standard assumptions neither defection from the rules nor disputes are expected to occur. This paper is a step towards the formulation of a coherent economic theory of dispute settlement. It challenges traditional models of enforcement (primarily concerned with acts of punishment) for being insufficient in explaining the existence of dispute settlement institutions. We perform a comprehensive analysis of the economics of dispute settlement institutions and demonstrate to what extent the literatures of trade cooperation and dispute institutions are (and should be) interlinked. On the basis of these theories we show that dispute settlement institutions in trade agreements may assume a variety of roles including that of an information repository and disseminator an honest broker an arbitrator and calculator of damages an active information gatherer or an adjudicator.
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.
Brazil - Measures Affecting Imports of Retreaded Tyres
On 20 June 2005 the European Communities requested consultations with Brazil on the imposition of measures that adversely affect exports of retreaded tyres from the EC to the Brazilian market.
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
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - Recourse 1
On 5 October 2000 Argentina requested consultations with Chile concerning: the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
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.
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - Recourse 1
On 5 October 2000 Argentina requested consultations with Chile concerning: - the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and - the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
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.
European Communities - Selected Customs Matters
On 21 September 2004 the United States requested consultations with the European Communities concerning the Communities’ administration of laws and regulations pertaining to the classification and valuation of products for customs purposes and its failure to institute tribunals or procedures for the prompt review and correction of administrative action on customs matters.
Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements
In this paper interpretation and application dispute settlement provisions of European Union (EU) Free Trade Agreements (FTAs) signed between 1963 and 2006 are analysed. This will be through the two models of Dispute Settlement in International Law: the political and adjudicative. Political elements of dispute settlement mechanisms in Public international Law and General Agreement of Tariffs and Trade (GATT) served to establish those of the EU FTAs. Adjudicative and quasi-adjudicative elements of dispute settlement mechanisms of Public International Law and World Trade Organization (WTO) Law were used as parameters to set up those of the EU FTAs. These parameters also helped to define a new and unique hybrid model. The features of this model were found in Agreements with trade issues other than FTAs. It is possible however for future FTAs to incorporate them. The hybrid model is based on an adjudicative framework and includes both political and adjudicative elements. In conclusion it was found that even though WTO Members incorporated adjudicative elements in the Dispute Settlement Understanding (DSU) the EU did not incorporate them bilaterally for a further five years. Furthermore since the creation of the DSU in 1995 the EU has established more FTAs based on a political model than on a quasi-adjudicative. Consequently the quasi-adjudicative dispute settlement model has not represented a clear trend in EU FTAs.
European Communities - Measures Affecting the Approval and Marketing of Biotech Products
On 13 May 2003 the United States requested consultations with the EC concerning certain measures taken by the EC and its member States affecting imports of agricultural and food imports from the United States. Regarding EC-level measures the United States asserted that the moratorium applied by the EC since October 1998 on the approval of biotech products has restricted imports of agricultural and food products from the United States. Regarding member State-level measures the United States asserted that a number of EC member States maintain national marketing and import bans on biotech products even though those products have already been approved by the EC for import and marketing in the EC.
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.
European Communities - Selected Customs Matters
On 21 September 2004 the United States requested consultations with the European Communities concerning the Communities’ administration of laws and regulations pertaining to the classification and valuation of products for customs purposes and its failure to institute tribunals or procedures for the prompt review and correction of administrative action on customs matters.
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.
Mexico - Tax Measures on Soft Drinks and Other Beverages
On 16 March 2004 the United States requested consultations with Mexico concerning certain tax measures imposed by Mexico on soft drinks and other beverages that use any sweetener other than cane sugar.