United States - Anti-Dumping Act of 1916 - Complaint by the European Communities

Report of the Appellate Body

On 10 February 1999, Japan requested consultations with the United States in respect of the US Anti-Dumping Act of 1916, 15 U.S.C. 72 (1994), (“US 1916 Act”). Japan alleged that the US 1916 Act stipulates that the importation or sale of imported goods within the US market in certain circumstances is unlawful, constituting a criminal offence and inviting civil liability. Japan further alleged that judicial decisions under the US 1916 Act are made without the procedural safeguards provided for in the Anti-Dumping Agreement. Japan stated that a court action had been brought under the US 1916 Act against affiliates of Japanese companies. Japan contended that the US 1916 Act is inconsistent with Articles III, VI and XI of the GATT 1994, and the Anti-Dumping Agreement.

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