THE WTO ANTI-DUMPING AGREEMENT

Cambridge University Press978-1-108-42351-9 — The WTO Anti-Dumping AgreementPhilippe De Baere , Clotilde du Parc , Isabelle Van Damme FrontmatterMore Information

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THE WTO ANTI-DUMPING AGREEMENT

This is a unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insightinto WTO case-law. This commentary is an indispensable reference toolfor government officials, practitioners and academics working on anti-dumping issues. The commentary’s structure allows the reader to identifyimmediately which disputes are relevant for the interpretation of eachprovision. It offers a clear analysis of the applicable rules and a compre-hensive explanation of what, as a result of the WTO case-law, those rulesmean. This commentary has been written by practitioners who have allbeen directly involved in a large number of WTO disputes and who haveextensive experience in anti-dumping investigations and in challenginganti-dumping determinations before the WTO and national courts.

Philippe De Baere is Managing Partner at Van Bael & Bellis (Brussels).Philippe’s practice focuses on EU and WTO trade law. He has beeninvolved in most major EU anti-dumping, anti-circumvention and anti-subsidy proceedings since 1990. Philippe is considered to be one of theleading litigators in cases involving the imposition of trade defencemeasures. He has successfully assisted WTO Members in a great numberof disputes relating to the compatibility of anti-dumping measures andnational legislation with the Anti-Dumping Agreement.

Clotilde du Parc is Partner at Van Bael & Bellis and Head of its Genevaoffice. Clotilde specialises in international trade law, with a particularemphasis on WTO law and EU customs law. Clotilde’s practice is pri-marily focused on WTO dispute settlement proceedings in which shecounsels and assists governments at all stages of the proceedings. She hassuccessfully represented WTO Members in several WTO disputes involv-ing trade defence measures and, in particular, anti-dumping measures.

Isabelle Van Damme is Partner at Van Bael & Bellis (Brussels). Isabelleadvises clients on WTO procedural and substantive law and representsgovernments in WTO dispute settlement proceedings. She also has sig-nificant expertise in the areas of public international law and EU law.Isabelle was previously a référendaire in the chambers of AdvocateGeneral Sharpston at the Court of Justice of the European Union. Shehas also taught at the University of Cambridge, Université Catholique deLouvain, the World Trade Institute and KU Leuven. She has publishedwidely on public international law, WTO law and EU law.

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THE WTO ANTI-DUMPING

AGREEMENT

A Detailed Commentary

PHILIPPE DE BAERE

CLOTILDE DU PARC

ISABELLE VAN DAMME


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Names: Baere, Philippe De, author. | du Parc, Clotilde, author. | Van Damme, Isabelle, author.Title: The WTO anti-dumping agreement : a detailed commentary / Philippe De Baere,

Van Baels & Bellis; Clotilde du Parc, Van Baels & Bellis; Isabelle Van Damme,Van Baels & Bellis.

Other titles: Anti-Dumping Agreement (1994 April 14).Description: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021. |

Includes index.Identifiers: LCCN 2020058194 (print) | LCCN 2020058195 (ebook) | ISBN 9781108423519

(hardback) | ISBN 9781108526241 (epub)Subjects: LCSH: Anti-Dumping Agreement (1994 April 14). | Dumping (International trade)–Law

and legislation. | Antidumping duties–Law and legislation. | LCGFT: Treaties.Classification: LCC K4635.A41994 B34 2021 (print) | LCC K4635.A41994 (ebook) |

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CONTENTS

Foreword page xxiiAcknowledgements xxivList of Abbreviations xxvCited WTO Panel and Appellate Body Reports, Initiated WTODisputes and Their Common Abbreviations xxviiCited GATT Panel Reports and Their CommonAbbreviations xliv

I Introduction 1

1 The Origins of Anti-Dumping and the Regulationof Dumping 11.1 The GATT 1947 and the Anti-Dumping Codes 11.2 The Uruguay Round 31.3 The Doha Round and Other Issues 61.4 The Object and Purpose of Anti-Dumping 9

2 The Temporal Scope of Application of theAnti-Dumping Agreement 12

3 The Relationship of the Anti-Dumping Agreement with theGATT 1994, Other Agreements and WTO Protocolsof Accession 133.1 GATT 1994 13

3.1.1 Introduction 133.1.2 Relationship with Article VI of the GATT 1994 14

3.1.2.1 Introduction 143.1.2.2 Article VI:1 of the GATT 1994 173.1.2.3 Article VI:2 of the GATT 1994 193.1.2.4 Article VI:4 of the GATT 1994 203.1.2.5 Article VI:5 of the GATT 1994 203.1.2.6 Article VI:6 of the GATT 1994 203.1.2.7 Article VI:7 of the GATT 1994 21

3.1.3 Relationship with Articles I and II of theGATT 1994 21

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3.2 Relationship with the SCM Agreement 243.2.1 Harmonious Interpretation of Similar Substantive and

Procedural Provisions of the Anti-Dumping Agreement andthe SCM Agreement 24

3.2.2 The Prohibition of Double Remedies 253.3 Relationship with the Agreement on Safeguards 283.4 Relationship with the DSU 293.5 WTO Accession Protocols and Working Party Reports 30

3.5.1 Introduction 303.5.2 Commitments of New WTO Members That Do Not Have

Anti-Dumping Legislation at the Time ofTheir Accession 31

3.5.3 Commitments of New WTO Members HavingAnti-Dumping Legislation in Place at the Timeof Their Accession 31

3.5.4 Additional Commitments of New WTO MembersConsidered to Be in the Process of Transition towards a FullMarket Economy 36

II Article 1 – Principles 44

1 Introduction 44

2 The Consequential Nature of Claims under Article 1 45

3 The Meaning of Anti-Dumping Measures 46

4 The Relationship between Article VI of the GATT 1994 andthe Anti-Dumping Agreement 48

5 The Anti-Dumping Agreement Does Not Require WTOMembers to Adopt Anti-Dumping Legislation 49

III Article 2 – Determination of Dumping 50

1 Introduction 53

2 The Definition of Dumping (Article 2.1) 542.1 Dumping Is a Uniform Concept 542.2 Article 2.1 Is a Definitional Provision 542.3 The ‘Less than Its Normal Value’ Standard and the Definition of

‘Normal Value’ 552.4 Article 2.1 Does Not Define the Period of Investigation 57

3 Normal Value Determination Where Normal Value Is NotBased on Domestic Sales Prices (Articles 2.2, 2.2.1, 2.2.1.1and 2.2.2) 573.1 Introduction 573.2 Circumstances in Which Normal Value Need Not Be Determined

on the Basis of Domestic Sales Prices and Alternative Methods toDetermine Normal Value (Article 2.2) 58

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3.2.1 Introduction 583.2.2 Circumstances in Which Normal Value Need Not

Be Determined on the Basis of Domestic SalesPrices 593.2.2.1 When There Are No Sales of the Like Product

in the Ordinary Course of Trade in the Domestic

Market of the Exporting Country 593.2.2.2 When, because of the Low Volume of the Sales in

the Domestic Market of the Exporting Country,

Those Sales Do Not Permit a Proper

Comparison 603.2.2.3 When, because of the Particular Market Situation,

the Sales in the Domestic Market Do Not Permit a

Proper Comparison 603.2.3 Alternative Methods Identified in Article 2.2 64

3.2.3.1 Introduction 643.2.3.2 Method 1: Third-Country Sales 653.2.3.3 Method 2: Constructed Normal Value 67

3.3 Sales below Costs (Article 2.2.1) 723.3.1 Introduction 723.3.2 Sales Made at Prices below Per Unit Costs of Production

Plus Selling, General and Administrative Costs 743.3.3 Sales Made within an Extended Period of Time, in

Substantial Quantities and at Prices Which Do Not Providefor the Recovery of All Costs within a Reasonable Periodof Time 74

3.4 The Calculation of Costs (Article 2.2.1.1) 763.4.1 Introduction 763.4.2 First Sentence: Obligation to Use the Exporter’s or

Producer’s Records to Calculate the Costs 763.4.2.1 Introduction 763.4.2.2 The Records Are Not Consistent with

the GAAP 773.4.2.3 The Records Do Not Reasonably Reflect the Costs

Associated with the Production and Sale of

the Product 783.4.2.4 Other Situations 80

3.4.3 Second Sentence: Obligation to Consider All AvailableEvidence on the Proper Allocation of Costs 833.4.3.1 The Obligation to ‘Consider’ All

Available Evidence 833.4.3.2 The Evidence to Be Considered 843.4.3.3 Proper Cost Allocation Methodology 86

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3.4.4 Third Sentence: Adjustments for Non-Recurring Costs andStart-Up Operations 873.4.4.1 Introduction 873.4.4.2 Non-Recurring Costs 873.4.4.3 Start-Up Costs 88

3.4.5 Applicability of Article 2.2.1.1 in the Context ofReviews 88

3.5 The Determination of the Amounts for Selling, Generaland Administrative Costs (‘SG&A’) and for Profits(Article 2.2.2) 893.5.1 Introduction 893.5.2 Preferred Method: Actual Data Pertaining to Production

and Sales in the Ordinary Course of Trade of theLike Product 893.5.2.1 Introduction 893.5.2.2 The Notion of SG&A 903.5.2.3 Ordinary Course of Trade 91

3.5.3 Alternative Methods for Determining Amounts for SG&Aand for Profits 923.5.3.1 Introduction 923.5.3.2 No Hierarchy among the Alternative

Methods 923.5.3.3 First Alternative Method (Article 2.2.2(i)) 933.5.3.4 Second Alternative Method (Article 2.2.2(ii)) 933.5.3.5 Any Other Reasonable Method

(Article 2.2.2(iii)) 94What Constitutes ‘Any Other ReasonableMethod’ 94The Obligation to Calculate a Profit Cap 95Defining ‘the Same General Categoryof Products’ 96

3.5.3.6 No Separate Reasonability Test 97

4 Constructed Export Price (Article 2.3) 974.1 Introduction 974.2 The Export Price 984.3 ‘Unreliable’ Actual Export Prices 994.4 Methodology for Constructing the Export Price 1024.5 Adjustments to Be Made 104

5 Fair Comparison between the Export Price and the NormalValue (Article 2.4) 1065.1 Introduction 1065.2 A Fair Comparison between the Export Price and the

Normal Value 1075.2.1 The General Obligation of a Fair Comparison (First

Sentence of Article 2.4) 107

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5.2.2 Comparison at the Same Level of Trade and in Respect ofSales Made at as Nearly as Possible the Same Time (SecondSentence of Article 2.4) 108

5.2.3 Due Allowances (Third, Fourth and Fifth Sentences ofArticle 2.4) 1095.2.3.1 Due Allowances for Differences Affecting

Price Comparability 1105.2.3.2 Methodologies for Calculating Adjustments 1155.2.3.3 Allowances Related to the Construction of the

Export Price 1165.3 Information Concerning Allowances and the Burden of Proof

(Sixth Sentence of Article 2.4) 1165.4 Currency Conversions (Article 2.4.1) 1215.5 Calculation of Dumping Margins – W-W and T-T Methodologies

(First Sentence of Article 2.4.2) 1235.5.1 Introduction 1235.5.2 Zeroing under the W-W and T-T Methodologies 125

5.6 The W-T Methodology and Targeted Dumping (Second Sentenceof Article 2.4.2) 1285.6.1 Introduction 1285.6.2 Identifying a Pattern of Prices Which Differ Significantly

among Different Purchasers, Regions orTime Periods 128

5.6.3 The ‘Explanation Clause’ 1305.6.4 The Scope of the W-T Methodology 1305.6.5 Treatment of Non-Pattern Transactions 1305.6.6 Zeroing under the W-T Methodology 132

6 Determining Dumping in Case Products Are Exported froman Intermediate Country (Article 2.5) 133

7 Definition of ‘Like Product’ for the Purposes of theAnti-Dumping Agreement (Article 2.6) 1347.1 Introduction 1347.2 ‘Product under Consideration’ 1357.3 ‘Like Product’ 136

8 Calculation of Normal Value for Imports from CertainNon-Market Economies (Article 2.7) 1388.1 Introduction 1388.2 The Second Ad Note to Article VI:1 Only Applies to Certain Forms

of NMEs 1398.3 The Second Ad Note to Article VI:1 Only Relates to Normal

Value Determination 1398.4 Similar Exceptions Are Included in the Accession Protocols of

Certain WTO Members 140

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IV Article 3 – Determination of Injury 141

1 Introduction 143

2 Period of Investigation 1442.1 Introduction 1442.2 Recommendation of the Anti-Dumping Committee 1452.3 The Selection of the Period of Investigation Is Subject to the

Overarching Obligations of ‘Positive Evidence’ and ‘ObjectiveExamination’ under Article 3.1 146

3 Sampling in Injury Determinations 147

4 The Injury Determination Must Be Based on PositiveEvidence and Involve an Objective Examination(Article 3.1) 1494.1 Introduction 1494.2 The Injury Determination Must Be Based on

‘Positive Evidence’ 1504.3 The Injury Determination Must Involve an

‘Objective Examination’ 152

5 Concept of ‘Dumped Imports’ 154

6 Volume and Price Effects Analysis (Article 3.2) 1566.1 Introduction 1566.2 Volume of Dumped Imports (First Sentence of

Article 3.2) 1586.3 Effect of Dumped Imports on Domestic Prices (Second Sentence

of Article 3.2) 1596.3.1 Introduction 1596.3.2 Price Comparability 1606.3.3 Price Undercutting 1616.3.4 Price Depression and Price Suppression 164

6.3.4.1 Inquiry as to Whether Dumped Imports Have

‘Explanatory Force’ for Significant Price

Suppression or Depression 1646.3.4.2 Parallel Trends 1676.3.4.3 Link between Price Depression and

Price Undercutting 167

7 Cumulation (Article 3.3) 1687.1 Introduction 1687.2 The Margin of Dumping Must Be More than De Minimis 1697.3 The Volume of Dumped Imports Must Not Be Negligible 1697.4 A Cumulative Assessment Must Be Appropriate in Light of the

Conditions of Competition 169

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8 Analysis of the Impact of the Dumped Imports(Article 3.4) 1728.1 Introduction 1728.2 The Factors to Be Examined 1738.3 Requirements Regarding the Evaluation of All Relevant Economic

Factors and Indices Having a Bearing on the State ofthe Industry 175

8.4 Examination of the Impact on the Domestic Industry as a Wholeor Only a Segment of the Market 177

9 Causation and Non-Attribution Analysis(Article 3.5) 1789.1 Introduction 1789.2 The Positive Test: The Existence of a Causal Relationship between

the Dumped Imports and the Injury 1789.3 The Negative Test: The Non-Attribution Analysis 180

10 Information Relating to Domestic Production of the LikeProduct (Article 3.6) 184

11 Threat of Material Injury (Articles 3.7 and 3.8) 18511.1 Introduction 18511.2 Determination of a Threat of Material Injury

(Article 3.7) 18511.2.1 General Obligations (First and Second Sentences of

Article 3.7) 18611.2.2 The Factors to Be Examined (Third and Fourth

Sentences of Article 3.7) 18811.3 The Special Care Provision (Article 3.8) 190

V Article 4 – Definition of Domestic Industry 192

1 Introduction 193

2 Definition of the ‘Domestic Industry’: General Observations(Article 4.1) 194

3 The ‘Major Proportion’ Requirement (Article 4.1) 196

4 Related Producers (Article 4.1(i)) 200

5 Regional Dumping (Articles 4.1(ii) and 4.2) 201

6 Dumping in Integrated Markets (Article 4.3) 203

7 Application of Article 3.6 (Article 4.4) 203

VI Article 5 – Initiation and Subsequent Investigation 204

1 Introduction 206

2 The Concept of ‘Investigations’ 207

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3 Bases to Initiate an Investigation (Articles 5.1, 5.2and 5.6) 2083.1 Introduction 2083.2 Initiation upon a Written Application by or on Behalf of the

Domestic Industry (Articles 5.1 and 5.2) 2083.2.1 Introduction 2083.2.2 Evidence of Dumping, Injury and a Causal Link 2093.2.3 Information as Is Reasonably Available to the Applicant

Regarding Certain Factors 2093.3 Self-Initiation by the Investigating Authorities (Article 5.6) 211

4 Conditions That Need to Be Satisfied in Order to Initiate anInvestigation Following an Application by or on Behalf of theDomestic Industry 2114.1 Introduction 2114.2 Application ‘by or on Behalf of the Domestic Industry’

(Article 5.4) 2124.3 Sufficient Evidence to Justify the Initiation of an Investigation

(Article 5.3) 2144.3.1 Introduction 2144.3.2 The Distinction between the Obligations under Articles 5.2

and 5.3 2154.3.3 Sufficient Evidence to Initiate an Investigation 2164.3.4 Evidence of Dumping 2174.3.5 Evidence of (Threat of ) Injury 219

5 Notification Requirements (Article 5.5) 2205.1 Introduction 2205.2 Obligation to Avoid Any Publicising of the Application 2215.3 Obligation to Notify the Government of the

Exporting Member 2215.3.1 Timing of Notification 2215.3.2 Form and Content of Notification 223

6 Continuous Obligations Relating to the Evidence ofDumping and Injury (Articles 5.7 and 5.8) 2256.1 Simultaneous Consideration of the Evidence of Dumping and

Injury (Article 5.7) 2256.2 Rejection of an Application and the Termination of an

Investigation (Article 5.8) 2266.2.1 The General Rule Regarding the Termination of

Investigation (First Sentence of Article 5.8) 2276.2.2 Rejection of an Application 2276.2.3 Termination of an Investigation after its Initiation 228

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6.2.4 Immediate Termination of the Investigation (Second,Third and Fourth Sentences of Article 5.8) 2286.2.4.1 De Minimis Margin of Dumping 2286.2.4.2 Negligible Volume of Dumped Imports 2306.2.4.3 Negligible Injury 232

6.2.5 Immediacy and Consequences of Termination 232

7 Anti-Dumping Proceedings and Customs Clearance(Article 5.9) 234

8 Time-Limits (Article 5.10) 235

VII Article 6 – Evidence 236

1 Introduction 241

2 The Definition of ‘Interested Parties’ (Article 6.11) 244

3 Requesting and Receiving Information from InterestedParties (Article 6.1) 2463.1 Introduction 2463.2 The Duty to Provide the Full Text of the Written Application

(Articles 6.1 and 6.1.3) 2473.3 The Duty to Give Notice of the Information Required from

Interested Parties and the Circulation of Questionnaires(Articles 6.1, 6.1.1 and 6.1.3) 2483.3.1 General Obligation to Give Notice of the

Information Required 2483.3.2 The Circulation of Questionnaires (Article 6.1.1) 250

3.3.2.1 Introduction 2503.3.2.2 The Definition of a Questionnaire 2513.3.2.3 The Time Period for Responding

to Questionnaires 2523.4 The Right of Interested Parties to Have Ample Opportunity to

Present All Evidence in Writing (Article 6.1) 255

4 The Protection of the Right of Interested Parties to DefendTheir Interests (Article 6.2) 2604.1 Scope of the Protection of the Rights of Defence of

Interested Parties 2604.2 Limitations on the Scope of Article 6.2 2624.3 Relationship between Article 6.2 and Other Parts of

Article 6 263

5 The Treatment of Information Presented Orally(Article 6.3) 264

6 The Right of Access to Information and the Right to PreparePresentations (Article 6.4) 2656.1 Introduction 265

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6.2 The Need for ‘Timely Opportunities’ 2666.3 The Definition of ‘Information’ 2676.4 The Information Must Be Relevant to Presenting the Interested

Parties’ Case 2686.5 The Information Is Not Confidential Information within the

Meaning of Article 6.5 2706.6 The Information Is Used by Authorities in the Anti-

Dumping Investigation 2716.7 The Right to Make Oral Presentations 272

7 The Protection of Confidentiality (Article 6.5) 2727.1 Introduction 2727.2 Definition of Confidential Information 273

7.2.1 Introduction 2737.2.2 Information That Is ‘by Nature’ Confidential 2737.2.3 Information That Is Provided on a

Confidential Basis 2747.2.4 The Requirement of Showing ‘Good Cause’ 2757.2.5 An Authority’s Assessment of ‘Good Cause’ and a Panel’s

Standard of Review 2787.3 A Panel’s Standard of Review 2797.4 The Requirement to Submit Non-Confidential

Summaries 2807.5 Circumstances in Which the Treatment of Confidential

Information Is Not Warranted (Article 6.5.2) 283

8 The Duty to Verify the Accuracy of Information(Article 6.6) 284

9 The Right to Carry Out on-the-Spot Investigations(Article 6.7 and Annex I) 2859.1 Introduction 2859.2 General Conditions under Article 6.7 2869.3 Detailed Procedural Framework under Annex I 2869.4 Making Available or Disclosure of the Results of On-the-

Spot Investigations 2889.5 Discretion in Deciding What Information to Accept

or Use 289

10 The Right to Make Determinations on the Basis of the FactsAvailable (Article 6.8 and Annex II) 29210.1 Article 6.8 29210.2 Annex II 294

10.2.1 Introduction 29410.2.2 Paragraph 1: The Need to Give Notice to the

Interested Party 29410.2.3 Paragraphs 2 and 4: Requests for the Use of a Particular

Medium or Computer Language 296

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10.2.4 Paragraphs 3 and 5: Information to Be Taken intoAccount by an Investigating Authority 297

10.2.5 Paragraph 6: The Consequences of Not AcceptingEvidence or Information 300

10.2.6 Paragraph 7: Use of Information from aSecondary Source 301

10.3 The Essential Features of What Constitutes BestInformation Available 302

11 The Disclosure of the Essential Facts (Article 6.9) 30311.1 Introduction 30311.2 Definition of ‘Essential Facts’ 30411.3 The Type of Disclosure 30711.4 The Relationship between Article 6.9 and Other Parts of

Article 6 309

12 The Determination of the Margin of Dumping(Article 6.10) 31112.1 Introduction 31112.2 The Determination of Individual Dumping Margins (First

Sentence of Article 6.10) 31212.3 Sampling (Second Sentence of Article 6.10) 314

13 The Rights of Industrial Users of the Relevant Products and ofRepresentativeConsumerOrganisations (Article 6.12) 317

14 Difficulties of Interested Parties in Supplying Information(Article 6.13) 317

15 Due Process and the Expediency of Anti-DumpingProceedings (Article 6.14) 318

VIII Article 7 – Provisional Measures 319

1 Introduction 320

2 The Distinction between Provisional andDefinitive Measures 320

3 The Relationship between Article 7 of the Anti-DumpingAgreement and Ad Article VI of the GATT 1994 321

4 The Conditions for the Application of Provisional Measures(Article 7.1) 3224.1 Introduction 3224.2 Initiation of Investigation, Public Notice and Opportunity to

Comment (Article 7.1(i)) 3234.3 Preliminary Affirmative Determination of Dumping and Injury

(Article 7.1(ii)) 3244.4 Necessity to Prevent Injury during the Investigation

(Article 7.1(iii)) 352

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5 The Form and Level of Provisional Measures(Article 7.2) 3265.1 Introduction 3265.2 Forms of Provisional Measures 3275.3 Amount of Provisional Measures 328

6 The Temporal Application of Provisional Measures (Articles7.3 and 7.4) 3286.1 Introduction 3286.2 Prohibition to Apply Provisional Measures Sooner than 60 Days

from the Date of Initiation of Investigation (Article 7.3) 3296.3 Duration of Application of Provisional Measures

(Article 7.4) 329

7 The Application of Relevant Provisions of Article 9(Article 7.5) 330

IX Article 8 – Price Undertakings 333

1 Introduction 334

2 Conditions for Accepting Undertakings (Article 8.1) 336

3 Undertakings May Not Be Sought or Accepted prior toPreliminary Affirmative Determinations (Article 8.2) 337

4 ‘Impractical’ Undertakings Need Not Be Accepted(Article 8.3) 338

5 Completion of an Anti-Dumping Investigation Despite theAcceptance of an Undertaking (Article 8.4) 339

6 Exporters Are Not Obliged to Offer an Undertaking(Article 8.5) 340

7 Compliance with Accepted Undertakings(Article 8.6) 341

X Article 9 – Imposition and Collection of Anti-DumpingDuties 343

1 The Discretion of WTO Members to Impose Anti-DumpingDuties (Article 9.1) 345

2 The Imposition and Collection of Anti-Dumping Duties(Article 9.2) 3472.1 The General Obligation Governing the Imposition and Collection

of Anti-Dumping Duties 3472.2 Country-wide Duty Rate for Exporters in NME Countries and

Article 9.2 348

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3 The Amount of the Anti-Dumping Duty (Article 9.3) 3513.1 Introduction 3513.2 The Requirements of the Chapeau 3523.3 Variable Anti-Dumping Duties Are Not Per Se Inconsistent with

Article 9.3 3533.4 The ‘Margin of Dumping’ in Article 9.3 Refers to the Individual

Exporter’s Margin of Dumping 3543.5 The Collection of Anti-Dumping Duties under Prospective and

Retrospective Assessment Systems and in Case of ConstructedExport Price (Articles 9.3.1, 9.3.2 and 9.3.3) 3553.5.1 Introduction 3553.5.2 Retrospective Systems (Article 9.3.1) 3563.5.3 Prospective Systems (Article 9.3.2) 3563.5.4 Zeroing in Administrative Reviews 3583.5.5 Refunds in Case of Constructed Export Price

(Article 9.3.3) 360

4 The Anti-Dumping Duty Applied in Case of Sampling(Article 9.4) 360

5 The Lacuna in Article 9.4: The Calculation of the ‘All Others’Rate Where All Margins Are Excluded fromthe Calculation 363

6 New Shippers or Newcomers (Article 9.5) 3646.1 Introduction 3646.2 The Residual Duty Rate 3656.3 New Shipper or Newcomer Reviews 366

XI Article 10 – Retroactivity 368

1 Introduction 369

2 Retroactive Application of Definitive Anti-Dumping Dutiesfor the Period during Which Provisional Duties Were Levied(Articles 10.2 to 10.5) 371

3 Retroactive Application of Definitive Anti-Dumping Dutiesprior to the Date of the Imposition of Provisional Measures(Articles 10.6 to 10.8) 3723.1 Introduction 3723.2 History of Dumping Which Caused Injury or Awareness 3743.3 Cause of Injury 3793.4 Due Process Rights of Importers 3803.5 Preserving the Possibility of Retroactively Imposing Definitive

Anti-Dumping Duties 3803.6 Period during Which Anti-Dumping Duties May Be

Levied Retroactively 383

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XII Article 11 – Duration and Review of Anti-Dumping Dutiesand Price Undertakings 384

1 Introduction 385

2 The Necessity Requirement in Review Procedures(Article 11.1) 386

3 Interim Reviews (Article 11.2) 3873.1 Introduction 3873.2 Initiation of an Interim Review 388

3.2.1 Interim Review Initiated at the Request of anInterested Party 388

3.2.2 Self-Initiated Interim Reviews 3903.3 The Scope of Interim Reviews 3913.4 Continued Imposition Necessary to Offset Dumping 391

3.4.1 Introduction 3913.4.2 Standard of Review of an Investigating Authority 3923.4.3 Methodology to Determine Dumping Margins 3923.4.4 Individual Dumping Margins in Interim Reviews 3943.4.5 De Minimis Threshold 396

3.5 Likelihood Determination – Injury 3973.5.1 Introduction 3973.5.2 Standard of Review of an Investigating Authority 3973.5.3 Methodology to Determine Injury 3983.5.4 Causation Analysis 3983.5.5 Time Frame and Cumulation 399

3.6 Relationship to Reviews under Article 9.3 399

4 Sunset Reviews (Article 11.3) 3994.1 Introduction 3994.2 Initiation of Sunset Reviews 4004.3 Likelihood Determination – Dumping 401

4.3.1 Introduction 4014.3.2 Standard of Review of an Investigating Authority 4014.3.3 Methodology to Determine Dumping 4034.3.4 Individual Dumping Margins in Sunset Reviews 4054.3.5 De Minimis Threshold 406

4.4 Likelihood Determination – Injury 4064.4.1 Standard of Review of an Investigating Authority 4064.4.2 Methodology to Determine Injury 4074.4.3 Causation Analysis 4104.4.4 Time Frame and Cumulation 411

5 Procedural Rules and Rights of Interested Parties(Article 11.4) 412

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XIII Article 12 – Public Notice and Explanationof Determinations 414

1 Introduction 416

2 Initiation of an Anti-Dumping Investigation Pursuant toArticle 5 (Article 12.1) 4182.1 Introduction 4182.2 Timing of the Notice 4192.3 The Distinct Obligations to Notify and to Give

Public Notice 4192.4 The Content of the Notice 421

3 Preliminary or Final Determination, Any Decision to Acceptan Undertaking Pursuant to Article 8, the Termination ofSuch an Undertaking and the Termination of a DefinitiveAnti-Dumping Duty (Article 12.2) 4223.1 Introduction 4223.2 The General Requirements under theChapeau of Article 12.2 423

3.2.1 Introduction 4233.2.2 The Need for ‘Sufficient’ Detail 4233.2.3 ‘Material’ Issues of Fact and Law 4243.2.4 Requirements Regarding the Public Notice of the

Imposition of Provisional Measures (Article 12.2.1) 4253.2.5 Requirements Regarding the Public Notice in Case of a Final

Determination of the Definitive Anti-Dumping Duty or theAcceptance of a Price Undertaking (Article 12.2.2) 4263.2.5.1 Objectives and Timing 4263.2.5.2 The Content of the Public Notice 428

3.2.6 Termination or Suspension of an Investigation(Article 12.2.3) 430

3.3 Initiation and Completion of Reviews Pursuant to Article 11and Decisions under Article 10 to Apply Duties Retroactively(Article 12.3) 430

3.4 The Protection of Confidential Information 431

XIV Article 13 – Judicial Review 432

1 Introduction 432

2 The Subject of the Prompt Judicial Review 435

3 Means of Judicial Review 436

4 The Need for ‘Prompt’ Judicial Review 436

5 The Need for Independent Tribunals and Procedures 437

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XV Article 14 – Anti-Dumping Action on Behalf of aThird Country 439

1 The Concept of ‘Third-Country Dumping’ 439

2 The Conditions of ‘Third-Country Dumping’ 440

XVI Article 15 – Developing Country Members 442

1 Introduction 442

2 Obligation to Give ‘Special Regard’ to the ‘Special Situation’of Developing Country Members (First Sentence ofArticle 15) 442

3 Obligation to Explore the Possibility of ConstructiveRemedies (Second Sentence of Article 15) 444

4 Developments Resulting from the Doha Round MinisterialDecision on Implementation-Related Issuesand Concerns 447

XVII Article 16 – Committee on Anti-Dumping Practices 449

1 Membership and Operation 450

2 Main Responsibilities of the Anti-DumpingCommittee 451

3 The Right of the Anti-Dumping Committee toSeek Information 453

XVIII Article 17 – Consultation and Dispute Settlement 454

1 Introduction 455

2 The Settlement of Disputes Relating to the Interpretation andApplication of the Anti-Dumping Agreement 4572.1 Introduction 4572.2 Legal Basis for Consultations Relating to the Anti-

Dumping Agreement 4572.3 Matters That May Be Referred to the DSB 458

2.3.1 Introduction 4582.3.2 Challenging Measures in the Context of Specific Anti-

Dumping Proceedings 4622.3.2.1 Final Action Levying Definitive Anti-Dumping

Duties or Accepting a Price Undertaking 4622.3.2.2 Additional Conditions in Case of a Challenge

against a Provisional Measure 4622.3.3 Challenges of Anti-Dumping Legislation as Such, outside

the Context of Specific Anti-Dumping Measures 463

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3 Special or Additional Conditions Applicable toPanel Requests and Panels’ Terms of Reference(Article 17.5) 465

4 Assessment of Questions of Facts and Law in Disputes underthe Anti-Dumping Agreement (Article 17.6) 4674.1 Introduction 4674.2 Assessment of Questions of Fact (Articles 17.5 and 17.6(i) of the

Anti-Dumping Agreement and Article 11 of the DSU) 4694.2.1 Introduction 4694.2.2 Article 17.6(i) Sets Forth the Appropriate Standard of

Review to Be Applied by Panels 4704.3 Interpretation of the Anti-Dumping Agreement

(Article 17.6(ii)) 474

5 Protection of Confidential Information in WTO PanelProceedings Regarding the Anti-Dumping Agreement(Article 17.7) 479

XIX Article 18 – Final Provisions 482

1 Introduction 483

2 Prohibition on Specific Action against Dumping Except forAction in Accordance with Article VI of the GATT 1994(Article 18.1) 483

3 The Temporal Scope of Application of the Anti-DumpingAgreement (Article 18.3) 490

4 The Obligation to Implement the Anti-Dumping Agreement(Article 18.4) 492

5 Notification of Anti-Dumping Laws and Regulations andTheir Administration (Article 18.5) 495

6 Annual Review of the Implementation and Operation of theAnti-Dumping Agreement (Article 18.6) 497

7 No Reservations and the Relationship of the Anti-DumpingAgreement with Other Agreements (Articles 18.2 and18.7) 498

Index 499

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FOREWORD

It is not easy to write about anti-dumping. To be absolutely frank, it is adull subject. This may partly explain why there are few practitionersacross the globe and even fewer scholars who care to write about it. Yet,nobody could deny that it is a remedy constantly used by WTOMembers. It is one of the most lively WTO agreements among privateactors who have been able to manage and master its disciplines.According to WTO data, from 1995 until June 2019, there had been5,833 anti-dumping investigations initiated by 107 WTO Members.

In the context of multilateral disciplines, anti-dumping has existedsince the beginning of the GATT. Through the years, its disciplines haveconstantly been evolving. Today, the Anti-Dumping Agreement is anessential pillar in the regulation of trade in goods. It is one of the fewWTO covered agreements of which the substantive provisions are notreplicated or further developed in other regional trade agreements(RTAs). Another indication of its value is that anti-dumping disputesrepresent 22 per cent of the total disputes brought under the WTOdispute settlement system. Thus, the interpretation of this agreement isof crucial importance for the WTO membership. No Member has thesole authorship or holds the only key to the interpretation of the Anti-Dumping Agreement. To the eyes of the WTO, the Anti-DumpingAgreement is an agreement that should be interpreted in accordancewith Articles 31 and 32 of the Vienna Convention. Nothing more,nothing less.

And here you are in front of an exceptional work. The first chapterprovides a background, presents the current status of the law, anddiscusses the relation with other WTO disciplines, with emphasis onother trade remedies, i.e. safeguards and subsidies. After that, the authorsembark on an expedition through each of the provisions of theAgreement. This journey is as much exhaustive as it is pleasant (for ananti-dumping geek, of course). But let’s be very clear. This is not merely acompilation or an index of past interpretations. The great value of this

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work is that it explains, as opposed to describes, each of the provisions ofthe agreement through the prism of WTO/GATT acquis.

Anti-dumping is a subject that is tough to grapple with withoutparticipating in an actual proceeding. It is difficult to contextualise anddiscern the true meaning of each of its provisions without having beendirectly involved in the ‘trenches’, i.e. filling in a questionnaire, perform-ing a dumping calculation, assisting a client in a verification visit orpreparing a hearing with an investigating authority. As it happens withother disciplines, anti-dumping theory and practice are not always per-fectly synchronised. In fact, the multiple references to the practice ofWTO Members contained in this commentary constitute a significantvalue added which should be recognised and reveal the familiarity of theauthors with the actual anti-dumping practice as well as their significantexpertise in WTO dispute settlement.

I hope that the readers realise that the jurisprudence acutely explainedin this work is not written in stone. It needs to be improved and, in someinstances, fixed. A balance needs to be struck between the right of theMembership to chastise this unfair trade practice with the temptation ofusing it as a sledgehammer of protectionism. This is certainly a work thatwill not only significantly contribute to this debate but will also become amandatory reference for scholars and practitioners in this field.

Ricardo Ramírez Hernández

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ACKNOWLEDGEMENTS

Writing this book has been very much a team effort and would not havebeen possible without the support of our colleagues at Van Bael & Bellis.The authors would like to thank in particular Joanna Redelbach, MarcusGustafsson, Tetyana Payosova, Victoria Ciudin, Sidonie Descheemaeker,Louise O’Callaghan, Elyse Kneller, Rebecca Halbach, Simón Hernández,Victor Crochet, Reagan Etale, David Wouters and Oscar Yang for theircontributions. The authors are especially grateful to Marianne Molloyand Kelly Buysse for their editorial assistance.

Finola O’Sullivan and Marianne Nield have been very supportive,patient and helpful in steering this book to its publication.

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ABBREVIATIONS

Abbreviation Definition

1967 Anti-Dumping Code Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade, 24 April 1967,

TN.64/NTB/W/19

1979 Tokyo Round Anti-

Dumping Code

Agreement on Interpretation and Application of

Articles VI, XVI and XXIII of the General Agreement on

Tariffs and Trade, 12 April 1979, LT/TR/A/1

ACP Group African, Caribbean and Pacific Group of States

Anti-Dumping Act of 1921 Anti-Dumping Act of 1921,19 U.S.C. §§ 160-173 (1976)

Anti-Dumping Agreement/

AD Agreement

Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade 1994

Anti-Dumping Committee Committee on Anti-Dumping Practices

BCI Business confidential information

CBSA Canada Border Services Agency

CITT Canadian International Trade Tribunal

DSB Dispute Settlement Body

DSU Understanding on Rules and Procedures Governing the

Settlement of Disputes

EBR Enhanced Continuous Bond Requirement

EC European Communities

EU European Union

EU Basic Anti-Dumping

Regulation

Regulation (EU) 2016/1036 of the European Parliament

and of the Council of 8 June 2016 on protection

against dumped imports from countries not members

of the European Union (codification), OJ 2016 L 176,

p. 21 (as amended)

GAAP Generally Accepted Accounting Principles

GATT 1947 General Agreement on Tariffs and Trade 1947

GATT 1994 General Agreement on Tariffs and Trade 1994

IMF International Monetary Fund

ITO International Trade Organization

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ITO Charter Havana Charter for an International Trade

Organization, UN Doc E/CONF.2/78

Kennedy Anti-Dumping

Code

Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade, BISD 15S/24,

adopted on 30 June 1967

Marrakesh Agreement/

WTO Agreement

Marrakesh Agreement Establishing the World Trade

Organization

MFN Most-favoured nation

MIP Minimum import price

MTN Multilateral trade negotiations

NME Non-market economy

NRCs Non-recurring costs

OECD Organisation for Economic Co-operation and

Development

Ramsauer Draft GATT Draft Working paper on Anti-Dumping,

26 November 1991 (unpublished)

SCM Agreement Agreement on Subsidies and Countervailing Measures

SG&A Selling, General and Administrative Costs

UNCTAD United Nations Conference on Trade and Development

US United States

USDOC United States Department of Commerce

US ITC United States International Trade Commission

Vienna Convention Vienna Convention on the Law of Treaties, done at

Vienna, 23 May 1969, UN Treaty Series, Vol. 115, p. 331

WTO World Trade Organization

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CITED WTO PANEL AND APPELLATE BODY

REPORTS, INITIATED WTO DISPUTES AND

THEIR COMMON ABBREVIATIONS

Short title Full title and citation

Argentina – Ceramic

Tiles

Panel Report, Argentina – Definitive Anti-Dumping

Measures on Imports of Ceramic Floor Tiles from Italy,

WT/DS189/R, adopted 5 November 2001, DSR 2001:

XII, p. 6241

Argentina – Footwear

(EC)

Appellate Body Report, Argentina – Safeguard

Measures on Imports of Footwear, WT/DS121/AB/R,adopted 12 January 2000, DSR 2000: I, p. 515

Argentina – Poultry

Anti‑Dumping Duties

Panel Report, Argentina – Definitive Anti-Dumping

Duties on Poultry from Brazil, WT/DS241/R, adopted

19 May 2003, DSR 2003: V, p. 1727

Australia – Anti-

Dumping Measures on

A4 Copy Paper

Panel Report, Australia – Anti-Dumping Measures on

A4 Copy Paper, WT/DS529/R and Add.1, adopted

28 January 2020

Brazil – Desiccated

Coconut

Appellate Body Report, Brazil – Measures Affecting

Desiccated Coconut, WT/DS22/AB/R, adopted

20 March 1997, DSR 1997: I, p. 167

Canada – Autos Appellate Body Report, Canada – Certain Measures

Affecting the Automotive Industry, WT/DS139/AB/R,

WT/DS142/AB/R, adopted 19 June 2000, DSR 2000:

VI, p. 2985

Canada – Welded Pipe Panel Report, Canada – Anti-Dumping Measures on

Imports of Certain Carbon Steel Welded Pipe from the

Separate Customs Territory of Taiwan, Penghu,

Kinmen and Matsu, WT/DS482/R and Add.1, adopted

25 January 2017, DSR 2017: I, p. 7

China – Autos (US) Panel Report, China – Anti-Dumping and

Countervailing Duties on Certain Automobiles from

the United States, WT/DS440/R and Add.1, adopted

18 June 2014, DSR 2014: VII, p. 2655

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(cont.)


China – Broiler Products Panel Report, China � Anti-Dumping and

Countervailing Duty Measures on Broiler Products

from the United States, WT/DS427/R and Add.1,adopted 25 September 2013, DSR 2013: IV, p. 1041

China – Broiler Products

(Article 21.5 – US)

Panel Report, China � Anti-Dumping and

Countervailing Duty Measures on Broiler Products

from the United States – Recourse to Article 21.5 of the

DSU by the United States, WT/DS427/RW and Add.1,

adopted 28 February 2018

China – Cellulose Pulp Panel Report, China – Anti-Dumping Measures on

Imports of Cellulose Pulp from Canada, WT/DS483/Rand Add.1, adopted 22 May 2017, DSR 2017: IV,

p. 1961

China – GOES Appellate Body Report, China – Countervailing and

Anti-Dumping Duties on Grain Oriented Flat-Rolled

Electrical Steel from the United States, WT/DS414/AB/

R, adopted 16 November 2012, DSR 2012: XII, p. 6251

China – GOES Panel Report, China – Countervailing and Anti-

Dumping Duties on Grain Oriented Flat-Rolled

Electrical Steel from the United States, WT/DS414/R

and Add.1, adopted 16 November 2012, upheld by

Appellate Body Report WT/DS414/AB/R, DSR 2012:

XII, p. 6369

China – GOES (Article

21.5 – US)

Panel Report, China – Countervailing and Anti-

Dumping Duties on Grain Oriented Flat-Rolled

Electrical Steel from the United States – Recourse to

Article 21.5 of the DSU by the United States, WT/DS414/RW and Add.1, adopted 31 August 2015, DSR

2015:VII, p. 3865

China – HP-SSST

(Japan) / China –

HP-SSST (EU)

Appellate Body Reports, China – Measures Imposing

Anti-Dumping Duties on High-Performance Stainless

Steel Seamless Tubes (‘HP-SSST’) from Japan / China –

Measures Imposing Anti-Dumping Duties on High-

Performance Stainless Steel Seamless Tubes (‘HP-SSST’)

from the European Union,WT/DS454/AB/R andAdd.1/ WT/DS460/AB/R and Add.1, adopted 28 October

2015, DSR 2015:IX, p. 4573

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(cont.)


China – HP-SSST

(Japan) / China –

HP-SSST (EU)

Panel Reports, China – Measures Imposing

Anti‑Dumping Duties on High-Performance Stainless

Steel Seamless Tubes (‘HP‑SSST’) from Japan / China –

Measures Imposing Anti-Dumping Duties on High-

Performance Stainless Steel Seamless Tubes (‘HP‑SSST’)

from the European Union, WT/DS454/R and Add.1 /

WT/DS460/R, Add.1 and Corr.1, adopted 28 October

2015, as modified by Appellate Body Reports WT/

DS454/AB/R / WT/DS460/AB/R, DSR 2015:IX,

p. 4789

China – Rare Earths Appellate Body Reports, China – Measures Related to

the Exportation of Rare Earths, Tungsten, and

Molybdenum, WT/DS431/AB/R / WT/DS432/AB/R /

WT/DS433/AB/R, adopted 29 August 2014, DSR

2014: III, p. 805

China – Rare Earths Panel Reports, China – Measures Related to the

Exportation of Rare Earths, Tungsten, and

Molybdenum, WT/DS431/R and Add.1 / WT/DS432/

R and Add.1 / WT/DS433/R and Add.1, adopted29 August 2014, upheld by Appellate Body Reports

WT/DS431/AB/R / WT/DS432/AB/R / WT/DS433/

AB/R, DSR 2014:IV, p. 1127

China – Raw Materials Appellate Body Reports, China – Measures Related to

the Exportation of Various Raw Materials, WT/DS394/

AB/R / WT/DS395/AB/R / WT/DS398/AB/R, adopted

22 February 2012, DSR 2012: VII, p. 3295

China – Raw Materials Panel Reports, China – Measures Related to the

Exportation of Various Raw Materials, WT/DS394/R,

Add.1 and Corr.1 / WT/DS395/R, Add.1 and Corr.1 /

WT/DS398/R, Add.1 and Corr.1, adopted 22 February

2012, as modified by Appellate Body Reports WT/

DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R,

DSR 2012:VII, p. 3501

China – X-Ray

Equipment

Panel Report, China – Definitive Anti-Dumping Duties

on X-Ray Security Inspection Equipment from the

European Union, WT/DS425/R and Add.1, adopted

24 April 2013, DSR 2013: III, p. 659

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(cont.)


Dominican Republic –

Import and Sale of

Cigarettes

Appellate Body Report, Dominican Republic –

Measures Affecting the Importation and Internal Sale

of Cigarettes, WT/DS302/AB/R, adopted 19 May 2005,DSR 2005: XV, p. 7367

Dominican Republic –

Import and Sale of

Cigarettes

Panel Report, Dominican Republic – Measures

Affecting the Importation and Internal Sale of

Cigarettes, WT/DS302/R, adopted 19 May 2005, as

modified by Appellate Body Report WT/DS302/AB/R,

DSR 2005: XV, p. 7425

EC – Bananas III

(Ecuador)

Panel Report, European Communities – Regime for the

Importation, Sale and Distribution of Bananas,

Complaint by Ecuador, WT/DS27/R/ECU, adopted

25 September 1997, as modified by Appellate Body

Report WT/DS27/AB/R, DSR 1997: III, p. 1085

EC – Bed Linen Appellate Body Report, European Communities –

Anti-Dumping Duties on Imports of Cotton-Type Bed

Linen from India, WT/DS141/AB/R, adopted

12 March 2001, DSR 2001: V, p. 2049

EC – Bed Linen Panel Report, European Communities – Anti-Dumping

Duties on Imports of Cotton-Type Bed Linen from

India, WT/DS141/R, adopted 12 March 2001, as


DSR 2001:VI, p. 2077

EC – Bed Linen (Article

21.5 – India)

Appellate Body Report, European Communities –

Anti-Dumping Duties on Imports of Cotton-Type Bed

Linen from India – Recourse to Article 21.5 of the DSU

by India, WT/DS141/AB/RW, adopted 24 April 2003,DSR 2003: III, p. 965

EC – Bed Linen (Article

21.5 – India)

Panel Report, European Communities – Anti-Dumping

Duties on Imports of Cotton-Type Bed Linen from

India – Recourse to Article 21.5 of the DSU by India,

WT/DS141/RW, adopted 24 April 2003, as modified

by Appellate Body Report WT/DS141/AB/RW, DSR

2003:IV, p. 1269

EC – Fasteners (China) Appellate Body Report, European Communities –

Definitive Anti-Dumping Measures on Certain Iron or

Steel Fasteners from China, WT/DS397/AB/R, adopted

28 July 2011, DSR 2011: VII, p. 3995

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(cont.)


EC – Fasteners (China) Panel Report, European Communities – Definitive

Anti-Dumping Measures on Certain Iron or Steel

Fasteners from China, WT/DS397/R and Corr.1,adopted 28 July 2011, as modified by Appellate

Body Report WT/DS397/AB/R, DSR 2011: VIII,

p. 4289

EC – Fasteners (China)

(Article 21.5 – China)


Definitive Anti-Dumping Measures on Certain Iron

or Steel Fasteners from China – Recourse to Article 21.5

of the DSU by China, WT/DS397/AB/RW and Add.1,

adopted 12 February 2016, DSR 2016:I, p. 7EC – Fasteners (China)

(Article 21.5 – China)

Panel Report, European Communities – Definitive

Anti-Dumping Measures on Certain Iron or Steel

Fasteners from China – Recourse to Article 21.5 of

the DSU by China, WT/DS397/RW and Add.1,

adopted 12 February 2016, as modified by

Appellate Body Report WT/DS397/AB/RW,

DSR 2016:I, p. 195

EC – Footwear (China) Panel Report, European Union – Anti-Dumping

Measures on Certain Footwear from China, WT/

DS405/R, adopted 22 February 2012, DSR 2012: IX,

p. 4585

EC – Salmon (Norway) Panel Report, European Communities – Anti-Dumping

Measure on Farmed Salmon from Norway, WT/

DS337/R, adopted 15 January 2008, and Corr.1, DSR

2008: I, p. 3

EC – Selected Customs

Matters


Selected Customs Matters, WT/DS315/AB/R, adopted

11 December 2006, DSR 2006: IX, p. 3791

EC – Selected Customs

Matters

Panel Report, European Communities – Selected

Customs Matters, WT/DS315/R, adopted

11 December 2006, as modified by Appellate Body

Report WT/DS315/AB/R, DSR 2006: IX, p. 3915

EC – Tube or Pipe

Fittings


Anti-Dumping Duties on Malleable Cast Iron Tube or

Pipe Fittings from Brazil, WT/DS219/AB/R, adopted

18 August 2003, DSR 2003:VI, p. 2613

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(cont.)


EC – Tube or Pipe

Fittings

Panel Report, European Communities – Anti-Dumping

Duties on Malleable Cast Iron Tube or Pipe Fittings

from Brazil, WT/DS219/R, adopted 18 August 2003, asmodified by Appellate Body Report WT/DS219/AB/R,

DSR 2003: VII, p. 2701

Egypt – Steel Rebar Panel Report, Egypt – Definitive Anti-Dumping

Measures on Steel Rebar from Turkey, WT/DS211/R,

adopted 1 October 2002, DSR 2002: VII, p. 2667

EU – Biodiesel Appellate Body Report, European Union – Anti-

Dumping Measures on Biodiesel from Argentina, WT/

DS473/AB/R and Add.1, adopted 26 October 2016,DSR 2016:VI, p. 2871

EU – Cost Adjustment

Methodologies II (Russia)

Panel Report, European Union – Cost Adjustment

Methodologies and Certain Anti-Dumping Measures

on Imports from Russia – (Second complaint), WT/

DS494/R and Add.1, circulated to WTO Members

24 July 2020 [under appeal],

EU – Biodiesel Panel Report, European Union – Anti-Dumping

Measures on Biodiesel from Argentina, WT/DS473/Rand Add.1, adopted 26 October 2016, as modified by


VI, p. 3077

EU – Fatty Alcohols

(Indonesia)

Appellate Body Report, European Union – Anti-

Dumping Measures on Imports of Certain Fatty

Alcohols from Indonesia, WT/DS442/AB/R and Add.1,

adopted 29 September 2017, DSR 2017:VI, p. 2613

EU – Fatty Alcohols

(Indonesia)

Panel Report, European Union – Anti-Dumping

Measures on Imports of Certain Fatty Alcohols from

Indonesia, WT/DS442/R and Add.1, adopted

29 September 2017, as modified by Appellate Body

Report WT/DS442/AB/R, DSR 2017:VI, p. 2765

EU – Footwear (China) Panel Report,EuropeanUnion–Anti-DumpingMeasures

on Certain Footwear from China, WT/DS405/R, adopted

22 February 2012, DSR 2012: IX, p. 4585

EU – Price Comparison

Methodologies

European Union – Measures Related to Price

Comparison Methodologies, WT/DS516 (authority of

the Panel lapsed)

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(cont.)


Guatemala – Cement I Appellate Body Report, Guatemala – Anti-Dumping

Investigation Regarding Portland Cement from Mexico,

WT/DS60/AB/R, adopted 25 November 1998, DSR1998: IX, p. 3767

Guatemala – Cement I Panel Report, Guatemala – Anti-Dumping

Investigation Regarding Portland Cement from Mexico,

WT/DS60/R, adopted 25 November 1998, as reversed

by Appellate Body Report WT/DS60/AB/R, DSR 1998:

IX, p. 3797

India – Iron and Steel

Products

Panel Report, India – Certain Measures on Imports of

Iron and Steel Products, WT/DS518/R and Add.1,circulated to WTOMembers 6 November 2018 [under

appeal]

India – Patents (EC) Panel Report, India – Patent Protection for

Pharmaceutical and Agricultural Chemical Products,

Complaint by the European Communities and their

member States, WT/DS79/R, adopted 22 September

1998, DSR 1998:VI, p. 2661

India – Patents (US) Appellate Body Report, India – Patent Protection for

Pharmaceutical and Agricultural Chemical Products,

WT/DS50/AB/R, adopted 16 January 1998, DSR 1998:

I, p. 9

Japan – Alcoholic

Beverages II

Appellate Body Report, Japan – Taxes on Alcoholic

Beverages, WT/DS8/AB/R, WT/DS10/AB/R, WT/

DS11/AB/R, adopted 1 November 1996, DSR 1996: I,

p. 97

Korea – Certain Paper Panel Report, Korea – Anti-Dumping Duties on

Imports of Certain Paper from Indonesia, WT/DS312/

R, adopted 28 November 2005, DSR 2005: XXII,

p. 10637

Korea – Certain Paper

(Article 21.5 – Indonesia)

Panel Report, Korea – Anti-Dumping Duties on

Imports of Certain Paper from Indonesia – Recourse to

Article 21.5 of the DSU by Indonesia, WT/DS312/RW,

adopted 22 October 2007, DSR 2007: VIII, p. 3369

Korea – Commercial

Vessels

Panel Report, Korea – Measures Affecting Trade in

Commercial Vessels, WT/DS273/R, adopted 11 April

2005, DSR 2005: VII, p. 2749

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(cont.)


Korea – Dairy Appellate Body Report, Korea – Definitive Safeguard

Measure on Imports of Certain Dairy Products, WT/

DS98/AB/R, adopted 12 January 2000, DSR 2000: I,p. 3

Korea – Pneumatic

Valves (Japan)

Appellate Body Report, Korea – Anti-Dumping Duties

on Pneumatic Valves from Japan, WT/DS504/AB/R

and Add.1, adopted 30 September 2019

Mexico – Anti-Dumping

Measures on Rice

Appellate Body Report, Mexico – Definitive Anti-

Dumping Measures on Beef and Rice, Complaint with

Respect to Rice, WT/DS295/AB/R, adopted

20 December 2005, DSR 2005: XXII, p. 10853Mexico – Corn Syrup Panel Report, Mexico – Anti-Dumping Investigation of

High Fructose Corn Syrup (HFCS) from the United

States, WT/DS132/R, adopted 24 February 2000, and

Corr.1, DSR 2000: III, p. 1345

Mexico – Corn Syrup


Appellate Body Report, Mexico – Anti-Dumping

Investigation of High Fructose Corn Syrup (HFCS)

from the United States – Recourse to Article 21.5 of the

DSU by the United States, WT/DS132/AB/RW,adopted 21 November 2001, DSR 2001: XIII, p. 6675

Mexico – Corn Syrup


Panel Report, Mexico – Anti-Dumping Investigation of

High Fructose Corn Syrup (HFCS) from the United

States – Recourse to Article 21.5 of the DSU by the

United States, WT/DS132/RW, adopted 21 November

2001, upheld by Appellate Body Report WT/DS132/

AB/RW, DSR 2001:XIII, p. 6717

Mexico – Steel Pipes and

Tubes

Panel Report, Mexico – Anti-Dumping Duties on Steel

Pipes and Tubes from Guatemala, WT/DS331/R,

adopted 24 July 2007, DSR 2007: IV, p. 1207

Morocco – Hot-Rolled

Steel (Turkey)

Appellate Body Report,Morocco – Anti-dumping

Measures on Certain Hot-Rolled Steel from Turkey, WT/

DS513/AB/R and Add.1, adopted 8 January 2020

Morocco – Hot-Rolled

Steel (Turkey)

Panel Report, Morocco – Anti-dumping Measures on

Certain Hot-Rolled Steel from Turkey, WT/DS513/R

and Add.1, adopted 8 January 2020; appeal withdrawnby Morocco as reflected in Appellate Body Report

WT/DS513/AB/R

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(cont.)


Russia – Commercial

Vehicles

Appellate Body Report, Russia – Anti-Dumping Duties

on Light Commercial Vehicles from Germany and

Italy, WT/DS479/AB/R and Add.1, adopted 9 April2018

Russia – Commercial

Vehicles

Panel Report, Russia – Anti-Dumping Duties on Light

Commercial Vehicles from Germany and Italy, WT/

DS479/R and Add.1, adopted 9 April 2018, as

modified by Appellate Body Report WT/DS479/

AB/R

Thailand – Cigarettes

(Philippines)

Appellate Body Report, Thailand – Customs and Fiscal

Measures on Cigarettes from the Philippines, WT/DS371/AB/R, adopted 15 July 2011, DSR 2011: IV,

p. 2203

Thailand – Cigarettes

(Philippines)

Panel Report, Thailand – Customs and Fiscal Measures

on Cigarettes from the Philippines, WT/DS371/R,

adopted 15 July 2011, as modified by Appellate

Body Report WT/DS371/AB/R, DSR 2011: IV,

p. 2299

Thailand – H-Beams Appellate Body Report, Thailand – Anti-Dumping

Duties on Angles, Shapes and Sections of Iron or

Non-Alloy Steel and H-Beams from Poland, WT/

DS122/AB/R, adopted 5 April 2001, DSR 2001: VII,

p. 2701

Thailand – H-Beams Panel Report, Thailand – Anti-Dumping Duties on

Angles, Shapes and Sections of Iron or Non-Alloy Steel

and H-Beams from Poland, WT/DS122/R, adopted

5 April 2001, as modified by Appellate Body ReportWT/DS122/AB/R, DSR 2001:VII, p. 2741

Ukraine – Ammonium

Nitrate (Russia)

Appellate Body Report, Ukraine – Anti-Dumping

Measures on Ammonium Nitrate, WT/DS493/AB/R

and Add.1, adopted 30 September 2019

Ukraine – Ammonium

Nitrate (Russia)

Panel Report, Ukraine – Anti-Dumping Measures on

Ammonium Nitrate, WT/DS493/R, Add.1 and Corr.1,

adopted 30 September 2019, as upheld by Appellate

Body Report WT/DS493/AB/RUS – 1916 Act Appellate Body Report, United States – Anti-Dumping

Act of 1916, WT/DS136/AB/R, WT/DS162/AB/R,

adopted 26 September 2000, DSR 2000:X, p. 4793

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(cont.)


US – 1916 Act (EC) Panel Report, United States – Anti-Dumping Act of

1916, Complaint by the European Communities, WT/

DS136/R and Corr.1, adopted 26 September 2000,upheld by Appellate Body Report WT/DS136/AB/R,

WT/DS162/AB/R, DSR 2000:X, p. 4593

US – 1916 Act (Japan) Panel Report, United States – Anti-Dumping Act of

1916, Complaint by Japan, WT/DS162/R and Add.1,

adopted 26 September 2000, upheld by Appellate Body

Report WT/DS136/AB/R, WT/DS162/AB/R, DSR

2000:X, p. 4831

US – Anti-Dumping and

Countervailing Duties

(China)

Appellate Body Report, United States – Definitive

Anti-Dumping and Countervailing Duties on Certain

Products from China, WT/DS379/AB/R, adopted

25 March 2011, DSR 2011: V, p. 2869

US – Anti-Dumping

Measures on Oil Country

Tubular Goods

Appellate Body Report, United States – Anti-Dumping

Measures on Oil Country Tubular Goods (OCTG) from

Mexico, WT/DS282/AB/R, adopted 28 November

2005, DSR 2005: XX, p. 10127

US – Anti-Dumping

Methodologies (China)

Appellate Body Report, United States – Certain

Methodologies and Their Application to Anti-Dumping

Proceedings Involving China, WT/DS471/AB/R

and Add.1, adopted 22 May 2017, DSR 2017: III,

p. 1423

US – Anti-Dumping

Methodologies (China)

Panel Report, United States – Certain Methodologies

and Their Application to Anti-Dumping Proceedings

Involving China, WT/DS471/R and Add.1, adopted

22 May 2017, as modified by Appellate Body ReportWT/DS471/AB/R, DSR 2017: IV, p. 1589

US – Carbon Steel Appellate Body Report, United States – Countervailing

Duties on Certain Corrosion-Resistant Carbon Steel

Flat Products from Germany, WT/DS213/AB/R and

Corr.1, adopted 19 December 2002, DSR 2002: IX,

p. 3779

US – Carbon Steel (India) Appellate Body Report, United States – Countervailing

Measures on Certain Hot-Rolled Carbon Steel Flat

Products from India, WT/DS436/AB/R, adopted

19 December 2014, DSR 2014: V, p. 1727

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(cont.)


US – Carbon Steel (India) Panel Report, United States – Countervailing Measures

on Certain Hot-Rolled Carbon Steel Flat Products from

India, WT/DS436/R and Add.1, adopted 19 December2014, as modified by Appellate Body Report WT/

DS436/AB/R, DSR 2014:VI, p. 2189

US – Clove Cigarettes Appellate Body Report, United States – Measures

Affecting the Production and Sale of Clove Cigarettes,

WT/DS406/AB/R, adopted 24 April 2012, DSR 2012:

XI, p. 5751

US – Coated Paper

(Indonesia)

Panel Report, United States – Anti-Dumping and

Countervailing Measures on Certain Coated Paper

from Indonesia, WT/DS491/R and Add.1, adopted

22 January 2018

US – Continued Zeroing Appellate Body Report, United States – Continued

Existence and Application of Zeroing Methodology,

WT/DS350/AB/R, adopted 19 February 2009, DSR

2009: III, p. 1291

US – Continued Zeroing Panel Report, United States – Continued Existence and

Application of Zeroing Methodology, WT/DS350/R,adopted 19 February 2009, as modified as Appellate

Body Report WT/DS350/AB/R, DSR 2009: III, p. 1481

US – COOL Panel Reports, United States – Certain Country of

Origin Labelling (COOL) Requirements, WT/DS384/R

/ WT/DS386/R, adopted 23 July 2012, as modified by

Appellate Body Reports WT/DS384/AB/R / WT/

DS386/AB/R, DSR 2012:VI, p. 2745

US – Corrosion-Resistant

Steel Sunset Review

Appellate Body Report, United States – Sunset Review

of Anti-Dumping Duties on Corrosion-Resistant

Carbon Steel Flat Products from Japan, WT/DS244/

AB/R, adopted 9 January 2004, DSR 2004: I, p. 3

US – Corrosion-Resistant

Steel Sunset Review

Panel Report, United States – Sunset Review of Anti-

Dumping Duties on Corrosion-Resistant Carbon Steel

Flat Products from Japan, WT/DS244/R, adopted

9 January 2004, as modified by Appellate Body Report

WT/DS244/AB/R, DSR 2004: I, p. 85US – Cotton Yarn Appellate Body Report, United States – Transitional

Safeguard Measure on Combed Cotton Yarn from

Pakistan, WT/DS192/AB/R, adopted 5 November

2001, DSR 2001: XII, p. 6027

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(cont.)


US – Customs Bond

Directive

Panel Report, United States – Customs Bond Directive

for Merchandise Subject to Anti-Dumping/

Countervailing Duties, WT/DS345/R, adopted1 August 2008, as modified by Appellate Body Report

WT/DS343/AB/R / WT/DS345/AB/R, DSR 2008:VIII,

p. 2925

US – Differential Pricing

Methodology

Panel Report, United States – Anti-Dumping Measures

Applying Differential Pricing Methodology to Softwood

Lumber from Canada, WT/DS534/R and Add.1,

circulated to WTO Members on 9 April 2019,

appealed by Canada on 4 June 2019US – DRAMS Panel Report, United States – Anti-Dumping Duty on

Dynamic Random-Access Memory Semiconductors

(DRAMS) of One Megabit or Above from Korea,

WT/DS99/R, adopted 19 March 1999, DSR 1999: II,

p. 521

US – FSC Appellate Body Report, United States – Tax Treatment

for ‘Foreign Sales Corporations’, WT/DS108/AB/R,

adopted 20 March 2000, DSR 2000: III, p. 1619US – FSC Panel Report, United States – Tax Treatment for

‘Foreign Sales Corporations’, WT/DS108/R, adopted

20 March 2000, as modified by Appellate Body Report

WT/DS108/AB/R, DSR 2000: IV, p. 1675

US – Hot-Rolled Steel Appellate Body Report, United States – Anti-Dumping

Measures on Certain Hot-Rolled Steel Products from

Japan, WT/DS184/AB/R, adopted 23 August 2001,

DSR 2001:X, p. 4697US – Hot-Rolled Steel Panel Report, United States – Anti-Dumping Measures

on Certain Hot-Rolled Steel Products from Japan, WT/

DS184/R, adopted 23 August 2001 modified by


X, p. 4769

US – Hot-Rolled Steel

(Article 21.3(c))

Award of the Arbitrator, United States – Anti-

Dumping Measures on Certain Hot-Rolled Steel

Products from Japan – Arbitration under Article 21.3

(c) of the DSU, WT/DS184/13, 19 February 2002, DSR

2002: IV, p. 1389

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(cont.)


US – Lamb Appellate Body Report, United States – Safeguard

Measures on Imports of Fresh, Chilled or Frozen Lamb

Meat from New Zealand and Australia, WT/DS177/AB/R, WT/DS178/AB/R, adopted 16 May 2001, DSR

2001: IX, p. 4051

US – Lead and

Bismuth II

Appellate Body Report, United States – Imposition of

Countervailing Duties on Certain Hot-Rolled Lead and

Bismuth Carbon Steel Products Originating in the

United Kingdom, WT/DS138/AB/R, adopted 7 June

2000, DSR 2000: V, p. 2595

US – Line Pipe Appellate Body Report, United States – Definitive

Safeguard Measures on Imports of Circular Welded

Carbon Quality Line Pipe from Korea, WT/DS202/

AB/R, adopted 8 March 2002, DSR 2002: IV,

p. 1403

US – OCTG (Korea) Panel Report, United States – Anti-Dumping

Measures on Certain Oil Country Tubular Goods

from Korea, WT/DS488/R and Add.1, adopted

12 January 2018US – Offset Act (Byrd

Amendment)

Appellate Body Report, United States – Continued

Dumping and Subsidy Offset Act of 2000, WT/DS217/

AB/R, WT/DS234/AB/R, adopted 27 January 2003,

DSR 2003: I, p. 375

US – Offset Act (Byrd

Amendment)

Panel Report, United States – Continued Dumping and

Subsidy Offset Act of 2000, WT/DS217/R, WT/DS234/

R, adopted 27 January 2003, as modified by Appellate

Body Report WT/DS217/AB/R, WT/DS234/AB/R,DSR 2003:II, p. 489

US – Oil Country

Tubular Goods Sunset

Reviews

Appellate Body Report, United States – Sunset

Reviews of Anti-Dumping Measures on Oil

Country Tubular Goods from Argentina, WT/DS268/

AB/R, adopted 17 December 2004, DSR 2004: VII,

p. 3257

US – Oil Country


Reviews (Article 21.5 –

Argentina)

Appellate Body Report, United States – Sunset Reviews

of Anti-Dumping Measures on Oil Country Tubular

Goods from Argentina – Recourse to Article 21.5 of the

DSU by Argentina, WT/DS268/AB/RW, adopted

11 May 2007, DSR 2007: IX, p. 3523

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(cont.)


US – Oil Country


Reviews (Article 21.5 –

Argentina)

Panel Report, United States – Sunset Reviews of Anti-

Dumping Measures on Oil Country Tubular Goods

from Argentina – Recourse to Article 21.5 of the DSU

by Argentina, WT/DS268/RW, adopted 11 May 2007,

as modified by Appellate Body Report WT/DS268/AB/

RW, DSR 2007:IX, p. 3609

US – Orange Juice

(Brazil)

Panel Report, United States – Anti-Dumping

Administrative Reviews and Other Measures Related to

Imports of Certain Orange Juice from Brazil, WT/

DS382/R, adopted 17 June 2011, DSR 2011: VII,

p. 3753US – Shrimp (Thailand) /

US – Customs Bond

Directive

Appellate Body Report, United States – Measures

Relating to Shrimp from Thailand / United States –

Customs Bond Directive for Merchandise Subject to

Anti-Dumping/Countervailing Duties, WT/DS343/AB/

R / WT/DS345/AB/R, adopted 1 August 2008, DSR

2008:VII, p. 2385 / DSR 2008:VIII, p. 2773

US – Shrimp (Thailand) Panel Report, United States – Measures Relating to

Shrimp from Thailand, WT/DS343/R, adopted1 August 2008, as modified by Appellate Body Report

WT/DS343/AB/R / WT/DS345/AB/R, DSR 2008: VII,

p. 2539

US – Shrimp (Viet Nam) Panel Report, United States – Anti-Dumping Measures

on Certain Shrimp from Viet Nam, WT/DS404/R,

adopted 2 September 2011, DSR 2011:X, p. 5301

US – Shrimp II (Viet

Nam)

Appellate Body Report, United States – Anti-Dumping

Measures on Certain Shrimp from Viet Nam, WT/DS429/AB/R, and Corr.1, adopted 22 April 2015, DSR

2015: III, p. 1271

US – Shrimp II (Viet

Nam)

Panel Report, United States – Anti-Dumping Measures

on Certain Shrimp from Viet Nam, WT/DS429/R and

Add.1, adopted 22 April 2015, upheld by Appellate

Body Report WT/DS429/AB/R, DSR 2015: III, p. 1341

US – Softwood

Lumber III

Panel Report, United States – Preliminary

Determinations with Respect to Certain Softwood

Lumber from Canada, WT/DS236/R, adopted

1 November 2002, DSR 2002: IX, p. 3597

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(cont.)


US – Softwood

Lumber IV

Appellate Body Report, United States – Final

Countervailing Duty Determination with Respect to

Certain Softwood Lumber from Canada, WT/DS257/AB/R, adopted 17 February 2004, DSR 2004: II, p. 571

US – Softwood Lumber V Appellate Body Report, United States – Final Dumping

Determination on Softwood Lumber from Canada,

WT/DS264/AB/R, adopted 31 August 2004, DSR

2004:V, p. 1875

US – Softwood Lumber V Panel Report, United States – Final Dumping

Determination on Softwood Lumber from Canada,

WT/DS264/R, adopted 31 August 2004, as modifiedby Appellate Body Report WT/DS264/AB/R, DSR

2004: V, p. 1937

US – Softwood Lumber

V (Article 21.5 – Canada)

Panel Report, United States – Final Dumping

Determination on Softwood Lumber from Canada –

Recourse to Article 21.5 of the DSU by Canada, WT/

DS264/RW, adopted 1 September 2006, as reversed by

Appellate Body Report WT/DS264/AB/RW, DSR

2006:XII, p. 5147US – Softwood

Lumber VI

Panel Report, United States – Investigation of the

International Trade Commission in Softwood Lumber

from Canada, WT/DS277/R, adopted 26 April 2004,

DSR 2004:VI, p. 2485


VI (Article 21.5 –

Canada)

Appellate Body Report, United States – Investigation of

the International Trade Commission in Softwood

Lumber from Canada – Recourse to Article 21.5 of the

DSU by Canada, WT/DS277/AB/RW, adopted 9 May2006, and Corr.1, DSR 2006: XI, p. 4865


VI (Article 21.5 –

Canada)

Panel Report, United States – Investigation of the

International Trade Commission in Softwood Lumber

from Canada – Recourse to Article 21.5 of the DSU by

Canada, WT/DS277/RW, adopted 9 May 2006, as

modified by Appellate Body Report WT/DS277/AB/

RW, DSR 2006:XI, p. 4935

US – Stainless Steel

(Mexico)

Appellate Body Report, United States – Final Anti-

Dumping Measures on Stainless Steel from Mexico,

WT/DS344/AB/R, adopted 20 May 2008, DSR 2008:

II, p. 513

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(cont.)


US – Steel Plate Panel Report, United States – Anti-Dumping and

Countervailing Measures on Steel Plate from India,

WT/DS206/R and Corr.1, adopted 29 July 2002, DSR2002:VI, p. 2073

US – Upland Cotton

(Article 21.5 – Brazil)

Appellate Body Report, United States – Subsidies on

Upland Cotton – Recourse to Article 21.5 of the DSU by

Brazil, WT/DS267/AB/RW, adopted 20 June 2008,

DSR 2008: III, p. 809

US – Washing Machines Appellate Body Report, United States – Anti-Dumping

and Countervailing Measures on Large Residential

Washers from Korea, WT/DS464/AB/R and Add.1,adopted 26 September 2016, DSR 2016:V, p. 2275

US – Washing Machines Panel Report, United States – Anti-Dumping and

Countervailing Measures on Large Residential

Washers from Korea, WT/DS464/R and Add.1,

adopted 26 September 2016, as modified by


V, p. 2505

US – Wheat Gluten Appellate Body Report, United States – Definitive

Safeguard Measures on Imports of Wheat Gluten from

the European Communities, WT/DS166/AB/R,

adopted 19 January 2001, DSR 2001: II, p. 717

US – Zeroing (EC) Appellate Body Report, United States – Laws,

Regulations and Methodology for Calculating Dumping

Margins (‘Zeroing’), WT/DS294/AB/R, adopted 9 May

2006, and Corr.1, DSR 2006: II, p. 417

US – Zeroing (EC) Panel Report, United States – Laws, Regulations and

Methodology for Calculating Dumping Margins

(‘Zeroing’), WT/DS294/R, adopted 9 May 2006, as


DSR 2006: II, p. 521

US – Zeroing (EC)

(Article 21.5 – EC)

Appellate Body Report, United States – Laws,

Regulations and Methodology for Calculating Dumping

Margins (‘Zeroing’) – Recourse to Article 21.5 of the

DSU by the European Communities, WT/DS294/AB/RW and Corr.1, adopted 11 June 2009, DSR 2009:VII,

p. 2911

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(cont.)


US – Zeroing (EC)

(Article 21.5 – EC)

Panel Report, United States – Laws, Regulations and

Methodology for Calculating Dumping Margins

(‘Zeroing’) – Recourse to Article 21.5 of the DSU by the

European Communities, WT/DS294/RW, adopted

11 June 2009, as modified by Appellate Body Report

WT/DS294/AB/RW, DSR 2009:VII, p. 3117

US – Zeroing (Japan) Appellate Body Report, United States – Measures

Relating to Zeroing and Sunset Reviews, WT/DS322/

AB/R, adopted 23 January 2007, DSR 2007: I, p. 3

US – Zeroing (Japan)

(Article 21.5 – Japan)

Appellate Body Report, United States – Measures

Relating to Zeroing and Sunset Reviews – Recourse to

Article 21.5 of the DSU by Japan, WT/DS322/AB/RW,

adopted 31 August 2009, DSR 2009: VIII, p. 3441

US – Zeroing (Japan)

(Article 21.5 – Japan)

Panel Report, United States – Measures Relating to

Zeroing and Sunset Reviews – Recourse to Article 21.5

of the DSU by Japan, WT/DS322/RW, adopted

31 August 2009, upheld by Appellate Body Report

WT/DS322/AB/RW, DSR 2009: VIII, p. 3553

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CITED GATT PANEL REPORTS AND THEIR

COMMON ABBREVIATIONS

Short title Full case title and citation

EC – Audio Cassettes GATT Panel Report, EC – Anti-Dumping Duties on

Audio Tapes in Cassettes Originating in Japan, ADP/

136, 28 April 1995, unadopted

EEC – Cotton Yarn GATT Panel Report, European Economic

Community – Imposition of Anti-Dumping Duties on

Imports of Cotton Yarn from Brazil, ADP/137, adopted30 October 1995, BISD 42S/17

EEC – Parts and

Components

GATT Panel Report, European Economic

Community – Regulation on Imports of Parts and

Components, L/6657, adopted 16 May 1990, BISD

37S/132

New Zealand – Finnish

Transformers

GATT Panel Report, New Zealand – Imports of

Electrical Transformers from Finland, L/5814, adopted

18 July 1985, BISD 32S/55US – Norwegian

Salmon AD

GATT Panel Report, Imposition of Anti-Dumping

Duties on Imports of Fresh and Chilled Atlantic Salmon

from Norway, ADP/87, adopted 27 April 1994,

BISD 41S/229


II

GATT Panel Report, United States – Measures

Affecting Imports of Softwood Lumber from Canada,

SCM/162, adopted 27 October 1993, BISD 40S/358

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THE WTO ANTI-DUMPING AGREEMENT

Documents

Transcript of THE WTO ANTI-DUMPING AGREEMENT