Book contents
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
3 - United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
Summary
Introduction
The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Art. 11.3); pursuant to this requirement, domestic trade authorities in the United States are charged with the task of making a determination as to whether, after five years, revoking the duties would be likely to lead to continuation or recurrence of dumping (Commerce) and of material injury (US International Trade Commission, or USITC). This is called a Sunset Review; a negative determination of likelihood, either with respect to dumping or injury, will result in the duties expiring, the “sun” setting, as it were.
The WTO Appellate Body (AB) ruling that is the subject of this chapter resulted from a challenge by Japan to a number of aspects of Commerce's approach to the Sunset Review undertaken with regard to anti-dumping duties that had been imposed on certain steel imports. Japan challenged both the general administrative practice of the Commerce Department as codified in that department's Sunset Policy Bulletin, and also the methodologies actually applied by Commerce in this particular investigation, in coming to its conclusions.
Legal issues
When can legal norms “as such” be challenged as violations of WTO rules, independent of their application?
In the Panel proceeding below, Japan argued that the United States Department of Commerce (USDOC) Sunset Policy Bulletin “as such” violated provisions of the Anti-Dumping Agreement.
- Type
- Chapter
- Information
- The WTO Case Law of 2003The American Law Institute Reporters' Studies, pp. 31 - 51Publisher: Cambridge University PressPrint publication year: 2006
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