Introduction

This chapter addresses the Appellate Body (AB) report on European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil. The underlying Panel determination was appealed by the complainant Brazil only. Following the approach it took before the Panel, Brazil raised a number of issues concerning the antidumping investigation by the European Community (EC). The five substantive issues were:

1. Whether the Panel correctly found that the EC acted consistently with its obligations under the Antidumping (AD) Agreement when not accounting for the devaluation of the Brazilian currency (see Section 2 of this chapter);

2. whether the Panel correctly found that the EC treated “low-volume” imports consistently with its international obligations (Section 3);

3. whether the Panel correctly found that the absence of separate findings of “growth” factors in the EC final determination is consistent with the EC's WTO obligations (Section 4);

4. whether the Panel correctly found that there is no need to examine individually the impact of factors for which the cumulative impact has been assessed (Section 5); and

5. whether the Panel correctly found that the EC fully respected its obligations in its treatment of the causality element (Section 6).

The main procedural issues raised concerned the Panel's finding that a certain document was properly before the EC investigating authority and also its finding concerning the EC's disclosure obligations with respect to this document (Section 7).