European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (WT/DS141/R): Report of the Panel
Published online by Cambridge University Press: 13 December 2017
Summary
INTRODUCTION
On 3 August 1998, India requested consultations with the European Communities pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXIII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) and Article 17 of the Agreement on Implementation of Article VI of GATT 1994 (“AD Agreement”) regarding Commission Regulation No. 2398/97 of 28 November 1997, imposing final anti-dumping duties on imports of cotton-type bed linen from India. On 17 August 1998, Pakistan requested to be joined in the consultations requested by India. India and the European Communities held consultations in Geneva on 18 September 1998 and 15 April 1999, but failed to reach a mutually satisfactory resolution of the matter.
On 7 September 1999, pursuant to Article XXIII:2 of GATT 1994, Article 6 of the DSU and Article 17 of the AD Agreement, India requested the establishment of a panel to examine the matter.
At its meeting on 27 October 1999, the Dispute Settlement Body (“DSB”) established a Panel in accordance with India's request. At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by India in document WT/DS141/3, the matter referred to the DSB by India in document WT/DS141/3, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”.
On 12 January 2000, India requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
“If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director- General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute.
- Type
- Chapter
- Information
- Dispute Settlement Reports 2001 , pp. 2077 - 2697Publisher: Cambridge University PressPrint publication year: 2004
- 1
- Cited by