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1607 results in Dispute Settlement Reports Online

Page 35 of 81

  • Report of the Panel

  • from United States – Use of Zeroing in Anti-Dumping Measures Involving Products from Korea (WT/DS402)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 5239-5300

  • Summary

    I. INTRODUCTION

    1.1 On 24 November 2009, the Republic of Korea ("Korea") requested consultations pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping Agreement"), concerning the United States’ alleged application of the practice known as “zeroing” of negative dumping margins in calculating final margins of dumping in its investigations of three products, namely stainless steel plate in coils ("SSPC") from Korea; stainless steel sheet and strip in coils ("SSSS") from Korea; and diamond sawblades and parts thereof ("diamond sawblades") from Korea. Korea and the United States held consultations on 22 December 2009 and on 2 February 2010, but failed to resolve the dispute.

    1.2 On 8 April 2010, Korea requested the establishment of a panel pursuant to Article XXIII of the GATT 1994, Articles 4 and 6 of the DSU and Article 17.4 of the Anti-Dumping Agreement. The Dispute Settlement Body ("DSB") established a panel at its meeting on 18 May 2010.

  • Report of the Panel

  • from United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 3143-3726

  • Summary

    INTRODUCTION

    Complaint of China

    1.1 On 19 September 2008, China requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes("DSU"), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 30 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement") and Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("AD Agreement"). The consultations concerned definitive anti-dumping and countervailing duties imposed by the United States on imports of four products from China (circular welded carbon quality steel pipe, pneumatic off-the-road tires, light–walled rectangular pipe and tube, laminated woven sacks). China and the United States held consultations on 14 November 2008. These consultations failed to resolve the dispute.

    1.2 On 9 December 2008, China requested the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article XXIII:2 of the GATT 1994, Article 30 of the SCM Agreement, and Article 17 of the AD Agreement.

    B. Establishment and Composition of the Panel

    1.3 At its meeting on 20 January 2009, the Dispute Settlement Body ("DSB") established the Panel pursuant to the request of China in document WT/DS379/2, in accordance with Article 6 of the DSU.

Dispute Settlement Reports 2011
  • Volume 6, Pages 3141–3750
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    14 February 2013
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2011: V and VI reports on United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379).

Dispute Settlement Reports 2011
  • Volume 4, Pages 2201–2866
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    14 February 2013
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2011: IV reports on Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines (WT/DS371).

  • Report of the Panel

  • from European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 4289-4784

  • Summary

    INTRODUCTION

    1.1 On 31 July 2009, the People's Republic of China ("China") requested consultations with the European Communities (the "EC") pursuant to Articles and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994") and Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "AD Agreement") with respect to, but not necessarily limited to, Article 9(5) of Council Regulation (EC) No. 384/96 of 22 December 1995 on Protection against Dumped Imports from Countries not Members of the European Community, as amended, and Council Regulation (EC) No. 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China.

    1.2 On 12 October 2009, China requested, pursuant to Articles 4 and 6 of the DSU, Article XXIII:2 of the GATT 1994 and Article 17.4 of the AD Agreement, that the Dispute Settlement Body ("DSB") establish a Panel with regard to the following measures:

  • (a) Article 9(5) of Council Regulation (EC) No. 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the EC, as amended.

  • Council Regulation (EC) No. 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in China.

    • 1.3 At its meeting on 23 October 2009, the DSB established a panel pursuant to the request of China in document WT/DS397/3, in accordance with Article 6 of the DSU.

  • Report of the Appelate Body

  • from United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (WT/DS399)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 4811-4944

  • Summary

    INTRODUCTION

  • China appeals certain issues of law and legal interpretations developed in the Panel Report, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (the "Panel Report"). The Panel was established on 19 January 2010 to consider a complaint by China with respect to a safeguard measure imposed by the United States on imports of certain passenger vehicle and light truck tyres from China.

  • The measure was imposed as a product-specific safeguard under Section 16 of the Protocol on the Accession of the People's Republic of China to the World Trade Organization (the "WTO") ("China's Accession Protocol" or the “Protocol") following an investigation conducted by the United States International Trade Commission (the "USITC").

  • The safeguard investigation in this case was initiated following receipt of a petition filed by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union on 20 April 2009. The petition alleged that certain passenger vehicle and light truck tyres from China were being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive products. The USITC initiated the investigation on 24 April 2009. The USITC determined that there was market disruption as a result of rapidly increasing imports of subject tyres from China that were a significant cause of material injury to the domestic industry.

Dispute Settlement Reports 2010
  • Volume 1, Pages 1–258
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    10 November 2011
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2010: I report on China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363).

  • China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363)

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2010
    Published online:
    12 December 2017
    Print publication:
    10 November 2011, pp 3-236

  • Summary

    INTRODUCTION

    1. China and the United States each appeals certain issues of law and legal interpretations developed in the Panel Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (the “Panel Report”). The Panel was established to consider a complaint by the United States concerning a series of Chinese measures regulating activities relating to the importation and distribution of: reading materials (for example, books, newspapers, periodicals, electronic publications); audiovisual home entertainment (“AVHE”) products (for example, videocassettes, video compact discs, digital video discs (“DVDs”)); sound recordings (for example, recorded audio tapes); and films for theatrical release. Further details regarding the content and the operation of the measures examined by the Panel are set out in section IV of this Report.

    2. Before the Panel, the United States claimed that certain of the challenged Chinese measures violate trading rights commitments undertaken by China in the Protocol on the Accession of the People's Republic of China to the World Trade Organization (the “WTO”) (“China's Accession Protocol”) and the Report of the Working Party on the Accession of China to the WTO (“China's Accession Working Party Report”) because, by limiting trading rights to wholly Chinese State-owned enterprises, the measures restrict the right of enterprises in China, foreign enterprises, and foreign individuals, to import the relevant products into China.

  • United States – Anti-Dumping Measures on Polyethylene Retail Carrier Bags from Thailand (WT/DS383)

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2010
    Published online:
    12 December 2017
    Print publication:
    10 November 2011, pp 1841-1884

  • Summary

    INTRODUCTION

    1.1 On 26 November 2008, the Government of the Kingdom of Thailand (“Thailand”) requested consultations pursuant to Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), and Articles 17.2, 17.3 and 17.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti-Dumping Agreement”), concerning the United States' alleged application of the practice known as “zeroing” of negative dumping margins in the United States' determination of certain margins of dumping in its anti-dumping investigation of polyethylene retail carrier bags from Thailand. Thailand and the United States held consultations in Geneva on 28 January 2009, but failed to resolve the dispute. At the Dispute Settlement Body (the “DSB”) meeting held on 20 March 2009, Thailand requested the establishment of a panel pursuant to Article XXIII:1 of the GATT 1994, Articles 4 and 6 of the DSU, and Article 17.4 of the Anti-Dumping Agreement. At that meeting, the DSB established a panel pursuant to the request of Thailand.

Page 35 of 81