Book contents
- Frontmatter
- Contents
- United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan (WT/DS244): Report of the Appellate Body
- United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan (WT/DS244): Report of the Panel
- Cumulative Index of Published Disputes
United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan (WT/DS244): Report of the Panel
Published online by Cambridge University Press: 13 December 2017
- Frontmatter
- Contents
- United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan (WT/DS244): Report of the Appellate Body
- United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan (WT/DS244): Report of the Panel
- Cumulative Index of Published Disputes
Summary
INTRODUCTION
Complaint of Japan
On 30 January 2002, Japan requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), and Article 17.2 of the Agreement on Implementation of Article VI of GATT 1994 (the Anti-dumping Agreement), regarding the affirmative final determinations of both the United States Department of Commerce (“DOC”) and the United States International Trade Commission (“ITC”) on the full sunset review of Corrosion-Resistant Carbon Steel Flat Products from Japan issued on 2 August 2000 and 2 November 2000, respectively.
Consultations were held on 14 March 2002, but parties failed to settle the dispute.
On 4 April 2002, Japan requested the establishment of a panel pursuant to Article XXIII of the GATT 1994, Articles 4.7 and 6 of the DSU, as well as Article 17 of the Anti-dumping Agreement.
Establishment and Composition of the Panel
The Dispute Settlement Body (“DSB”) established a panel on 22 May 2002, with standard terms of reference. The terms of reference of the Panel are:
To examine, in the light of the relevant provisions of the covered agreements cited by Japan in document WT/DS244/4, the matter referred by Japan to the DSB in that document, 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 9 July 2002, Japan 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.
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- Information
- Dispute Settlement Reports 2004:1 , pp. 85 - 558Publisher: Cambridge University PressPrint publication year: 2006