WTO Anti dumping case 1.pdfVIP

WORLD TRADE ORGANIZATION WJTDSI36/AB/R 28 August 2000 Original: English UNITED STATES - ANTI-DUMPING ACT OF 1916 AB-2000-5 AB-2000-6 RellOrt of the Appellat,, WT/DSI36/AWR Page AB-2000-5 and ABQ000 6 I. ltztroducfion WT/DS 136/A B/R Page 2 3. The European Comnlunities claimed that Ihe 1916Acl is inconsistenl wilh Articles VI:I (i) the 1916 Act violates Arlicle VI:I and Vl:2 of tile GATT (ii) tile 1916 Act violates Atlicles l, 4 and 5.5 of the Anti-Dumping Agreement; (iii} the t916 Act viotates Article XVI:4 of tile Agreemmfl Establishblg the WTO; (iv) as a result, benefits accruing Io tile European Comnmnities under Ibe WTO Agreemenl have been nu0ified or impaired ~’ concluded thai: (iv) WT/DS ! 36/AB/R Page 3 8, Tbe oral hearing in Ihe lwo appeals was held on t9 July 2000, The participants and third WWDS 136/A B/R WWDS 162/AB/R Page 29 10l Oil this point, we agree with tile Panel that {he ques{ion w!le{her tile 1916 Act could be or has flaying intcq)rcted Article VI of the GAqVl I994 bl accordance wilh Tile Panel fitrthcr concluded that: ... the applicability of Arlicle V[ to {he 1916 Acl also implies the applicability of file Ami-Dumping Agreement to tile 1916 Act? ~ WT/DSI36/ABIR Page 30 106 The second and third sentences of Article V[:I stale: (a) is lcss thatl tbc compal~blc price, ill tile ordinary course (i) tile highest comparable price for the like pmducl for export to atly thild coutttt’y itl tile ordinary course of Due allowatlce shall be made ill each case lbr diRbrcnccs in conditions and Icm~s of sale, for di~ti?rcnces ill taxalion, alid tbr olhcr difl}renccs a filet illg price comparability I. Tile Membels recogltizc that dumping ... is to be colldemned I I I Renledies are addlessed ill Atlicle VI:2 of the GA’IT 1994. The only lype of measure thal Article VI:2 explicitly attlhor[zvs Members Io inlpose in ordel to offse{ or prevenl dumping is an anti-dumping d~ty. Ilowever, Article VI:2 does nol specify Illat Members may impose ami-dumping duties in