UID:
almafu_9960118499202883
Format:
1 online resource (428 pages) :
,
digital, PDF file(s).
Edition:
First edition.
ISBN:
9781108684507
,
1108684505
,
9781108630634
,
1108630634
,
9781108650168
,
1108650163
Series Statement:
World Trade Organization Dispute Settlement Reports
Content:
The Dispute Settlement Reports are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2016: Volume 1 reports on European Communities Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China - Recourse to Article 21.5 of the DSU by China (WT/DS397).
Note:
Title from publisher's bibliographic system (viewed on 17 Jul 2020).
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Cover -- Tile page -- Half-title -- Copyright information -- TABLE OF CONTENTS -- EUROPEAN COMMUNITIES - DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA -- Report of the Appellate Body -- LIST OF ANNEXES -- ABBREVIATIONS USED IN THIS REPORT -- PANEL EXHIBITS CITED IN THIS REPORT -- CASES CITED IN THIS REPORT -- 1. INTRODUCTION -- 2. ARGUMENTS OF THE PARTICIPANTS -- 3. ARGUMENTS OF THE THIRD PARTICIPANTS -- 4. ISSUES RAISED IN THIS APPEAL -- 5. ANALYSIS OF THE APPELLATE BODY -- 5.1 Background -- 5.1.1 Overview of the original anti-dumping investigation -- 5.1.2 Overview of the review investigation -- 5.2 Articles 6.5 and 6.5.1 of the Anti-Dumping Agreement -- 5.2.1 The Panel's terms of reference -- 5.2.2 Whether the Panel erred in finding that the European Union acted inconsistently with Article 6.5 of the Anti-Dumping Agreement -- 5.2.2.1 The Panel's findings -- 5.2.2.2 The "good cause" requirement under Article 6.5 of the Anti- Dumping Agreement -- 5.2.2.3 Whether the Panel erred in its treatment of Pooja Forge's request for confidential treatment of the information at issue -- 5.2.2.4 Whether the Panel erred in finding that the Commission "never" conducted an objective assessment of the good cause alleged by Pooja Forge -- 5.2.2.5 Whether the Panel erred in finding that there was an inconsistency in the arguments put forward by the European Union -- 5.2.2.6 Whether the Panel erred by not conducting its own analysis of the nature of the information at issue -- 5.3 Articles 6.4 and 6.2 of the Anti-Dumping Agreement -- 5.3.1 The Panel's terms of reference -- 5.3.2 Whether the Panel erred in finding that the European Union acted inconsistently with Articles 6.4 and 6.2 of the Anti-Dumping Agreement -- 5.3.2.1 The Panel's findings.
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5.3.2.2 Whether the Panel erred in finding that the information at issue was not confidential for the purposes of its analysis under Article 6.4 of the Anti-Dumping Agreement -- 5.3.2.3 Whether the Panel erred in finding that the information at issue was "relevant" to the presentation of the Chinese producers' cases -- 5.3.2.4 Whether the Panel erred in finding that the information at issue was "used" by the Commission in the review investigation -- 5.3.2.5 Whether the Panel erred in finding that the Chinese producers were not provided with "timely opportunities" to see the information at issue -- 5.4 Article 6.1.2 of the Anti-Dumping Agreement -- 5.4.1 The Panel's terms of reference -- 5.4.2 Whether the Panel erred in rejecting China's claim under Article 6.1.2 of the Anti-Dumping Agreement -- 5.4.2.1 The Panel's findings -- 5.4.2.2 Whether the Panel erred in finding that Pooja Forge was not an interested party in the review investigation at issue -- 5.5 Article 2.4 of the Anti-Dumping Agreement -- 5.5.1 The European Union's appeal under the last sentence of Article 2.4 of the Anti-Dumping Agreement -- 5.5.1.1 The Panel's findings -- 5.5.1.2 The procedural requirement of Article 2.4 of the Anti-Dumping Agreement -- 5.5.1.3 The European Union's claims under the last sentence of Article 2.4 of the Anti-Dumping Agreement -- 5.5.1.3.1 Whether the Panel erred in suggesting that the obligation under Article 2.4 of the Anti-Dumping Agreement differs based on the methodology used to determine normal values -- 5.5.1.3.2 Whether the Panel erred by turning the last sentence of Article 2.4 of the Anti-Dumping Agreement into a procedural obligation requiring the disclosure of "raw data -- 5.5.1.3.3 Whether the Panel erred in finding that the Commission deprived the Chinese producers of the opportunity to make informed decisions on whether to request adjustments.
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5.5.1.3.4 Whether the Panel erred in finding that the confidential nature of the information should not have prevented the Commission from disclosing a summary of the information at issue -- 5.5.2 China's appeal regarding the fair comparison requirement under Article 2.4 of the Anti-Dumping Agreement -- 5.5.2.1 The Panel's findings -- 5.5.2.2 The fair comparison requirement under Article 2.4 of the Anti-Dumping Agreement -- 5.5.2.3 Differences in taxation -- 5.5.2.3.1 Whether the Panel erred in finding that adjusting for differences in taxation would undermine the Commission's right to have recourse to the analogue country methodology -- 5.5.2.3.2 Whether the Panel erred in finding that the Chinese producers did not come forward with a substantiated request for an adjustment -- 5.5.2.3.3 New documents referred to by China on appeal -- 5.5.2.4 Other cost differences -- 5.5.2.4.1 Whether the Panel erred in finding that adjusting for differences in costs would undermine the Commission's right to have recourse to the analogue country methodology -- 5.5.2.4.2 Whether the Panel erred in finding that the Chinese producers did not come forward with substantiated requests for adjustments -- 5.5.2.4.3 Whether the Panel failed to make an objective assessment of the facts as required under Article 11 of the DSU -- 5.5.2.5 Differences in physical characteristics -- 5.5.2.5.1 The Panel's terms of reference -- 5.6 Article 2.4.2 of the Anti-Dumping Agreement -- 5.6.1 "[A]ll comparable export transactions" under Article 2.4.2 of the Anti-Dumping Agreement -- 5.6.2 Whether the Commission's exclusion of non-matching models from the dumping margin calculations is consistent with Article 2.4.2 of the Anti-Dumping Agreement -- 5.7 Articles 4.1 and 3.1 of the Anti-Dumping Agreement -- 5.7.1 The Panel's terms of reference.
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5.7.2 Whether the Panel erred in finding that the European Union acted inconsistently with Articles 4.1 and 3.1 of the Anti-Dumping Agreement -- 5.7.3 The definition of domestic industry in Article 4.1 of the Anti-Dumping Agreement -- 5.7.4 Whether the Commission's definition of the domestic industry in the review investigation is consistent with Article 4.1 of the Anti-Dumping Agreement -- 6. FINDINGS AND CONCLUSIONS -- ANNEX A -- ANNEX B -- ANNEX C -- Report of the Panel -- LIST OF ANNEXES -- CASES CITED IN THIS REPORT -- CASES CITED IN THIS REPORT -- EXHIBITS REFERRED TO IN THIS REPORT -- ABBREVIATIONS USED IN THIS REPORT -- 1. INTRODUCTION -- 1.1 Complaint by China -- 1.2 Panel Establishment and Composition -- 1.3 Panel Proceedings -- 1.3.1 General -- 2. FACTUAL ASPECTS -- 3. PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS -- 4. ARGUMENTS OF THE PARTIES -- 5. ARGUMENTS OF THE THIRD PARTIES -- 6. INTERIM REVIEW -- 6.1 Introduction -- 6.2 Parties' Requests for Changes to the Interim Report -- 7. FINDINGS -- 7.1 General Principles Regarding Treaty Interpretation, the Applicable Standard of Review, and the Burden of Proof -- 7.1.1 Treaty interpretation -- 7.1.2 Standard of Review -- 7.1.3 Burden of Proof -- 7.2 Alleged Violations of Articles 6.5 and 6.5.1 of the AD Agreement -- 7.2.1 Legal provisions at issue -- 7.2.2 Relevant facts -- 7.2.3 Arguments of parties -- 7.2.3.1 China -- 7.2.3.2 European Union -- 7.2.4 Arguments of third parties -- 7.2.5 Evaluation by the Panel -- 7.2.5.1 Terms of reference of the Panel -- 7.2.5.2 Assessment of the claim on the merits -- 7.3 Alleged Violations of Articles 6.4 and 6.2 of the AD Agreement -- 7.3.1 Legal provisions at issue -- 7.3.2 Arguments of parties -- 7.3.2.1 China -- 7.3.2.2 European Union -- 7.3.3 Arguments of third parties -- 7.3.4 Evaluation by the Panel -- 7.3.4.1 Terms of reference of the Panel.
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7.3.4.2 Assessment of the claim on the merits -- 7.4 Alleged Violation of Article 6.1.2 of the AD Agreement -- 7.4.1 Legal provisions at issue -- 7.4.2 Arguments of parties -- 7.4.2.1 China -- 7.4.2.2 European Union -- 7.4.3 Arguments of third parties -- 7.4.4 Evaluation by the Panel -- 7.4.4.1 Is this a claim that could have been but was not raised in the original proceedings? -- 7.4.4.2 Assessment of the claim on its merits -- 7.5 Alleged Violation of Article 2.4 of the AD Agreement: Failure to Provide Information to Enable Chinese Exporters to Request Adjustments -- 7.5.1 Legal provision at issue -- 7.5.2 Arguments of parties -- 7.5.2.1 China -- 7.5.2.2 European Union -- 7.5.3 Arguments of third parties -- 7.5.4 Evaluation by the Panel -- 7.6 Alleged Violation of Article 2.4 of the AD Agreement: Failure to Ensure that Price Comparisons Were Made on the Basis of Same Types of Fasteners -- 7.6.1 Arguments of parties -- 7.6.1.1 China -- 7.6.1.2 European Union -- 7.6.2 Arguments of third parties -- 7.6.3 Evaluation by the Panel -- 7.6.3.1 Terms of reference of the Panel -- 7.6.3.2 Assessment of the claim on the merits -- 7.7 Alleged Violation of Article 2.4 of the AD Agreement: Failure to Make Adjustments for Differences that Affect Price Comparability -- 7.7.1 Arguments of parties -- 7.7.1.1 China -- 7.7.1.2 European Union -- 7.7.2 Arguments of third parties -- 7.7.3 Evaluation by the Panel -- 7.7.3.1 Differences in taxation -- 7.7.3.2 Differences in physical characteristics -- 7.7.3.3 Certain other differences -- 7.7.3.4 Conclusion -- 7.8 Alleged Violation of Articles 2.4 and 2.4.2 of the AD Agreement: Failure to Take Into Account All Comparable Export Transactions -- 7.8.1 Legal provisions at issue -- 7.8.2 Arguments of parties -- 7.8.2.1 China -- 7.8.2.2 European Union -- 7.8.3 Arguments of third parties -- 7.8.4 Evaluation by the Panel.
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7.9 Alleged Violation of Articles 4.1 and 3.1 of the AD Agreement with Respect to the Definition of Domestic Industry.
Additional Edition:
ISBN 9781108427258
Additional Edition:
ISBN 1108427251
Language:
English
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