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Comment: United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico Prepared for the ALI Project on the Case Law of the WTO: Prepared for the ALI Project on the Case Law of the WTO

  • WILLIAM J. DAVEY (a1)
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1 The world's largest steel company, Arcelor Mittal, has significant operations in the US and Europe, as well as South America, Africa, and Asia. See www.arcelormittal.com.

2 The Agreement on Safeguards permits safeguards of up to eight years, but contains incentives so that the typical period is likely to be three years. Agreement on Safeguards, arts. 7–8.

3 US – Corrosion-Resistant Steel Sunset Review, WT/DS244/AB/R, adopted January 9, 2004.

4 US – Offset Act (Byrd Amendment), WT/DS217 & 234/AB/R, adopted January 27, 2003.

5 US Senator Max Baucus referred to the Panel decision in Byrd as coming from a ‘kangaroo court’. ‘Baucus Sees No Interest in Repealing Byrd, as Senate Doubts WTO Panels’, Inside US Trade (September 27, 2002).

6 GATT Analytical Index 645–648 (6th rev. edn 1995), citing, in particular, United States – Taxes on Petroleum and Certain Imported Substances, BISD 34S/136, 163–164, para. 5.2.9; United States – Measures Affecting the Importation, Internal Sale and Use of Tobacco, BISD 41S/131, 174–176, paras. 118–124 (in both cases the discretion had yet to be exercised).

7 William J. Davey, Has the WTO Dispute Settlement System Exceeded Its Authority?: A Consideration of Deference Shown by the System to Member Government Decisions and Its Use of Issue-Avoidance Techniques, 4 JIEL 79, 101–103 (2001).

8 See, e.g., US – Zeroing (EC), WT/DS294/AB/R, adopted May 9, 2006.

9 Panel Report, paras. 7.58–7.61.

Comment: United States – Anti-Dumping Measures on Oil Country Tubular Goods (OCTG) from Mexico Prepared for the ALI Project on the Case Law of the WTO: Prepared for the ALI Project on the Case Law of the WTO

  • WILLIAM J. DAVEY (a1)

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