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1607 results in Dispute Settlement Reports Online

Page 63 of 81

  • United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS248, WT/DS249, WT/DS251, WT/DS252, WT/DS253, WT/DS254, WT/DS258 WT/DS259): Report of the Appellate Body

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    03 November 2005, pp 3117-3260

  • Summary

    INTRODUCTION

    The United States appeals certain issues of law and legal interpretations developed in the Panel Reports, United States – Definitive Safeguard Measures on Imports of Certain Steel Products (the “Panel Reports”).

    The Panel was established by the DSB on 3 June 2002, pursuant to a request by the European Communities, to examine the consistency of ten safeguard measures applied by the United States on 20 March 2002 on imports of certain steel products. On 14 June 2002, pursuant to Article 9.1 of the DSU, the DSB referred to the Panel complaints on the same matter brought by Japan and Korea. On 24 June 2002, the DSB, pursuant to Article 9.1 of the DSU, also referred to this single Panel complaints on the same matter submitted by China, Norway, and Switzerland. On 8 July 2002, the DSB, pursuant to Article 9.1 of the DSU, also referred to this single Panel a complaint on the same matter submitted by New Zealand. On 29 July 2002, the DSB, pursuant to Article 9.1 of the DSU, also referred to this single Panel a complaint on the same matter submitted by Brazil.

    In their requests for the establishment of a panel, the Complaining Parties claimed that the ten safeguard measures applied by the United States on imports of certain steel products were inconsistent with the obligations of the United States contained in Articles 2, 3, 4, 5, 7, 8, 9, and 12 of the Agreement on Safeguards, Articles I, II, X, XIII, and XIX of the GATT 1994, as well as Article XVI of the WTO Agreement.

    The Panel issued eight Panel Reports—in the form of one document—that were circulated to the Members of the WTO on 11 July 2003. The Panel concluded, in all of the Panel Reports, that all ten safeguard measures imposed by the United States were inconsistent with the Agreement on Safeguards and the GATT 1994.

    In particular, the Panel found that:

    (a) the application of safeguard measures by the United States on imports of CCFRS, hot-rolled bar, and stainless steel rod was inconsistent with Articles 2.1 and 3.1 of the Agreement on Safeguards, because “the United States failed to provide a reasoned and adequate explanation of how the facts supported its determination with respect to ‘increased imports'”;

  • United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS248, WT/DS249, WT/DS251, WT/DS252,WT/DS253, WT/DS254, WT/DS258, WT/DS259/R): Reports of the Panel

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    03 November 2005, pp 3273-4378

  • Summary

    INTRODUCTION

    Factual Background

    Initiation of Safeguards Investigation by the USITC

    On 22 June 2001, the USTR requested the initiation of a safeguard investigation under Section 201 of the Trade Act of 1974 to determine whether certain steel products were being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing products like or directly competitive with the imported products.

    Four broad groups of products were covered by this request:

  • (a) certain carbon and alloy flat products;

  • (b) certain carbon and alloy long products;

  • (c) certain carbon and alloy pipe and tubes;

  • (d) stainless steel and alloy tool steel products.

    • A number of products were excluded from the request. These included wire rod and line pipe (covered by existing Section 201 relief or specifically excluded in the Section 201 relief), certain OCTGs, certain stainless steel products, certain semifinished steel products, certain carbon and alloy flat-rolled products and certain tin mill flat-rolled products.

    The USITC initiated its investigation on 28 June 2001. Public notice of this investigation was published on 3 July 2001. It provided for hearings on injury commencing on 17 September 2001 and hearings on remedy commencing on 5 November 2001 and allowed for submissions of pre- and post-hearing briefs by interested parties.

    The United States notified the initiation of the safeguard investigation to the Committee on Safeguards on 4 July 2001 and this notification was circulated to WTO Members on 9 July 2001.

    USITC Injury Determination

    Pre-hearing briefs on injury were filed by 10 September 2001 and hearings took place from 17 September 2001 to 5 October 2001. Post-hearing briefs were allowed from 27 September 2001 to 9 October 2001 for the various steel products under investigation.

    To collect data, the USITC split the four broad product categories into 33 product classes:

  • (a) seven carbon and alloy flat products covering: (i) slabs; (ii) plate; (iii) hot-rolled steel; (iv) cold-rolled steel; (v) coated steel; (vi) GOES; (vii) tin- mill products;

  • (b) ten carbon and alloy long products comprising: (i) billets; (ii) hotrolled bar; (iii) cold-finished bar; (iv) rebar; (v) rails; (vi) heavy structural shapes; (vii) fabricated units; (viii) wire; (ix) nails, staples and woven cloth; (x) strand, rope, cable and cordage;

  • European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219): Report of the Appellate Body

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    03 November 2005, pp 2613-2688

  • Summary

    INTRODUCTION

    Brazil appeals certain issues of law and legal interpretations in the Panel Report, European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (the “Panel Report”). The Panel was established to consider a complaint by Brazil concerning the consistency with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti-Dumping Agreement ”) and the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”) of the imposition of anti-dumping duties by the European Communities on imports of malleable cast iron tube or pipe fittings from Brazil.

    On 29 May 1999, the European Communities announced the initiation of an anti-dumping investigation on the imports of malleable cast iron tube or pipe fittings originating in Brazil and seven other countries. One Brazilian producer (Indústria de Fundição Tupy Ltda.) was subject to the anti-dumping investigation. The European Communities imposed provisional anti-dumping duties on the imports on 28 February 2000 and definitive anti-dumping duties on 11 August 2000. On 21 December 2000, Brazil requested consultations with the European Communities concerning the imposition of anti-dumping duties on its exports of malleable cast iron tube or pipe fittings to the European Communities. After consultations failed to resolve the dispute, Brazil requested the establishment of a panel on 7 June 2001 to examine the matter. The factual aspects of this dispute are set out in greater detail in the Panel Report.

    Before the Panel, Brazil claimed that the European Communities had acted inconsistently with Article VI of the GATT 1994 and with a number of provisions of the Anti-Dumping Agreement, specifically, Articles 1, 2.2, 2.4, 2.4.1, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 6.2, 6.4, 6.6, 6.9, 9.3, 11.1, 11.2, 12.2, 12.2.2, and 15.

    In the Panel Report, circulated to Members of the World Trade Organization (the “WTO”) on 7 March 2003, the Panel found that the European Communities had acted inconsistently with its obligations under:

  • (a) Article 2.4.2 of the Anti-Dumping Agreement in “zeroing” negative dumping margins in its dumping determination; and

  • United States – Rules of Origin for Textiles and Apparel Products (WT/DS243): Report of the Panel

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    03 November 2005, pp 2309-2612

  • Summary

    INTRODUCTION

    On 11 January 2002, India requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereafter the “DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (hereafter the “GATT 1994”), Article 7 of the Agreement on Rules of Origin (hereafter the “RO Agreement”) … regarding section 334 of the United States Uruguay Round Agreements Act of 1994 (hereafter “section 334”) and section 405 of the United States Trade and Development Act of 2000 (hereafter “section 405”) and the customs regulations implementing these provisions.

    Consultations were held in Geneva on 7 and 28 February and 26 March 2002, but did not lead to a mutually satisfactory resolution of the matter.

    On 7 May 2002, India requested the Dispute Settlement Body (hereafter the “DSB”) to establish a panel pursuant to Article 6 of the DSU, Article XXIII of the GATT 1994 and Article 8 of the RO Agreement. India's panel request referenced the rules of origin for textiles and apparel products set out in section 334 and the Statement of Administrative Action accompanying the Uruguay Round Agreements Act (hereafter the “URAA”), the subsequent modifications made by section 405 of the Trade and Development Act, the customs regulations implementing these Acts as well as the administration of these Acts and regulations, as the measures at issue. India claimed that the United States’ rules of origin for textiles and apparel products were inconsistent with paragraphs (b), (c), (d) and (e) of Article 2 of the RO Agreement.

    At its meeting on 24 June 2002, the DSB established a Panel pursuant to the request of India, in accordance with Article 6 of the DSU. The Panel was established with standard terms of reference. The terms of reference are the following:

    “To examine, in the light of the relevant provisions of the covered agreements cited by India in document WT/DS243/5/Rev.1, the matter referred to the DSB by India 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.”

Dispute Settlement Reports 2003
  • Volume 7, Pages 2699-3270
  • Edited by World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    03 November 2005
  • 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 2003: VII reports on anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil (EC), definitive safeguard measures on imports of certain steel products (US), and contains a cumulative index of published disputes.

Dispute Settlement Reports 2003
  • Volume 8, 3271-4388
  • Edited by World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    03 November 2005
  • 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 2003: VIII reports on definitive safeguard measures on imports of certain steel products (US), and contains a cumulative index of published disputes.

Dispute Settlement Reports 2003
  • Volume 5, Pages 1725-2305
  • Edited by World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    13 October 2005
  • 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 2003: V reports on definitive anti-dumping duties on poultry from Brazil (Argentina), and contains a cumulative index of published disputes.

  • 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): Report of the Panel

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    13 October 2005, pp 1269-1714

  • Summary

    INTRODUCTION

    On 8 March 2002 India requested consultations with the European Communities pursuant to Articles 4 and 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter “DSU”), Article XXIII of the General Agreement on Tariffs and Trade, and Article 17 of the Agreement on Implementation of Article VI of the GATT 1994 (hereinafter “AD Agreement”) concerning, inter alia, the European Communities alleged non-compliance with the DSB rulings and recommendations in the dispute “European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India” and various provisions of the AD Agreement and Article VI of GATT 1994. The European Communities and India consulted on 25 and 26 March 2002, but failed to settle the dispute.

    On 7 May 2002, India requested the Dispute Settlement Body (hereinafter “DSB”) to establish a panel pursuant to Articles 6 and 21.5 of the DSU, Article 17 of the AD Agreement and Article XXIII of GATT 1994, and as envisaged in a 13 September 2001 agreement on the “Agreed Procedures between India and the European Communities under Articles 21 and 22 of the DSU in the follow-up to the dispute ‘European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India.’”

    At its meeting on 22 May 2002, the DSB referred this dispute to the original panel in accordance with Article 21.5 of the DSU to examine the matter referred to the DSB by India in document WT/DS141/13/Rev.1. 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/DS141/13/Rev.1, the matter referred by India 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”.

  • Argentina - Definitive Anti-Dumping Duties on Poultry from Brazil (WT/DS241): Report of the Panel

  • Edited by World Trade Organization
  • Book:
    Dispute Settlement Reports 2003
    Published online:
    13 December 2017
    Print publication:
    13 October 2005, pp 1727-2296

  • Summary

    INTRODUCTION

    On 7 November 2001, Brazil requested consultations with Argentina pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “AD Agreement”), including Article 17.4 thereof, and Article 19 of the Agreement on Implementation of Article VII of GATT 1994 (the “Agreement on Customs Valuation”) concerning the Argentine anti-dumping measures imposed in respect of imports of poultry from Brazil. Argentina and Brazil held consultations on 10 December 2001, but failed to settle the dispute.

    On 19 November 2001, the European Communities requested, pursuant to Article 4.11 of the DSU, to be joined in the consultations.

    On 25 February 2002, Brazil requested the establishment of a panel pursuant to Article XXII of the GATT 1994, Article 17 of the AD Agreement and Article 6 of the DSU.

    At its meeting on 17 April 2002, the Dispute Settlement Body (the “DSB”) established this Panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by Brazil in document WT/DS241/3. 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 Brazil in document WT/DS241/3, the matter referred by Brazil 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 17 June 2002, Brazil requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.

Dispute Settlement Reports 2003
  • Volume 4, Pages 1267-1723
  • Edited by World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    13 October 2005
  • 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 2003: IV reports on anti-dumping duties on imports of cotton-type bed linen from India (EC), and contains a cumulative index of published disputes.

Page 63 of 81