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China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States - Recourse to Article 21.5 of the DSU by the United States (WT/DS414): Report of the Panel

Published online by Cambridge University Press:  28 September 2017

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Summary

INTRODUCTION

Complaint by the United States

This compliance dispute concerns the challenge by the United States to measures taken by China to comply with the rulings and recommendations of the Dispute Settlement Body (DSB) in China – Countervailing and Anti-Dumping duties on Grain Oriented Flat-rolled Electrical Steel from the United States.

On 13 January 2014, the United States requested consultations with China pursuant to paragraph 1 of the understanding reached on 19 August 2013 between China and the United States in “Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding” (Sequencing Agreement), which states that should the United States consider that the situation described in Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Dispute (“DSU”) exists, the United States will request that China enter into consultations with the United States.

Consultations were held on 24 January 2014, but failed to resolve the dispute.

Panel Establishment and Composition

On 13 February 2014, the United States requested the establishment of a panel pursuant to Articles 6 and 21.5 of the DSU with standard terms of reference.

At its meeting on 26 February 2014, the Dispute Settlement Body (DSB) referred this dispute, if possible to the original Panel, in accordance with Article 21.5 of the DSU.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by the United States in document WT/DS414/16 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

In accordance with Article 21.5 of the DSU, the Panel was composed on 17 March 2014 as follows:

Chairperson: Mr John Adank

Members: Mr Anthony Abad

Mr Jan Heukelman

The European Union, India, Japan and the Russian Federation notified their interest in participating in the Panel proceedings as third parties.

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Publisher: Cambridge University Press
Print publication year: 2016

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