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China - Measures Imposing Anti-Dumping Duties On High-Performance Stainless Steel Seamless Tubes From Japan: China - Measures Imposing Anti-Dumping Duties On High-Performance Stainless Steel Seamless Tubes From The European Union: Reports of the Panel

Published online by Cambridge University Press:  28 September 2017

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Summary

INTRODUCTION

Complaints by Japan and the European Union

On 20 December 2012, Japan requested consultations with China pursuant to Articles 1 and 4 of the DSU, Article XXII:1 of the GATT 1994, and Articles 17.2 and 17.3 of the Anti-Dumping Agreement with respect to the measures and claims set out below. On 13 June 2013, the European Union requested consultations with China pursuant to the same, above-mentioned provisions and with respect to the measures and claims set out below. In both complaints, the consultations concerned China's measures imposing antidumping duties on certain HP-SSST from Japan and the European Union respectively, as set forth in MOFCOM's Preliminary Determination notice, and MOFCOM's Final Determination notice, including any and all annexes and any amendments thereof.

Consultations were held between Japan and China on 31 January and 1 February 2013, and between the European Union and China on 17 and 18 July 2013. These consultations failed to resolve the disputes.

Panel Establishment and Composition

On 11 April 2013 and 16 August 2013 respectively, Japan and the European Union each requested the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of the GATT 1994, and Article 17.4 of the Anti-Dumping Agreement with standard terms of reference. At its meetings on 24 May 2013 and 30 August 2013, the DSB established two panels pursuant to, respectively, the request of Japan in document WT/DS454/4 and the request of the European Union in document WT/DS460/4, in accordance with Article 6 of the DSU.

The Panels’ 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 Japan in document WT/DS454/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

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 European Union in document WT/DS460/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

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Publisher: Cambridge University Press
Print publication year: 2017

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