Info Service on WTO and Trade Issues (Nov09/02)
set over EC measures on Chinese iron or steel fasteners
Geneva, 26 Oct (Kanaga Raja) -- The WTO Dispute Settlement Body on 23 October agreed to establish a panel, at the request of China, to rule on definitive anti-dumping measures imposed by the European Communities on certain iron or steel fasteners from China.
was a first-time request by
The EC-China dispute is with respect to Article 9(5) of Council Regulation (EC) No. 384/96 of 22 December 1995 on Protection against Dumped Imports from Countries not Members of the European Community, as amended, and Council Regulation (EC) No. 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in China.
According to a communication from China, Article 9(5) of the Council Regulation (EC) No. 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the EC, as amended, (the Basic AD Regulation) provides that, in case of imports from non-market economy countries including China, the anti-dumping duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for the exporters which can demonstrate, on the basis of properly substantiated claims, that they fulfill all the criteria listed in that provision.
China submitted that Article 9(5) of the Basic AD Regulation was inconsistent as such with the obligations under the provisions of the Anti-Dumping Agreement, the GATT 1994 and the Marrakesh Agreement Establishing the World Trade Organisation.
The Chinese communication further said that through the Definitive Regulation (Council Regulation No. 91/2009 of 26 January 2009), the EC established for Chinese producers/exporters of certain iron or steel fasteners dumping margins ranging from 0% to 115.4% and imposed a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in China ranging from 0% to 85%.
said that the EC's measures nullify and impair benefits accruing to
its statement at the DSB on 23 October,
The EC said that it strictly follows the applicable WTO rules in all its anti-dumping cases, and that it is strongly convinced of the strength of its case. "We stand ready to defend our measures that we consider to be fully consistent with WTO law."
that at this point in time, it has no reason to be hopeful that a mutually
agreed solution can still be found, the EC said that it accepts
other actions, the
Panel establishment will be automatic if both requests come up again at the DSB.
a statement at the DSB,
It said that the COOL is discouraging US retailers, processors, feed-lots and producers from buying Canadian livestock and meat. The negative impact on Canadian beef, pork and cattle exporters has been significant.
that in 2008, bilateral agricultural trade with the
Under a separate agenda item, a first-time request by the United States for the establishment of a panel in relation to certain EC measures affecting poultry meat and poultry meat products from the United States was blocked by the EC.
establishment will be automatic when the
a statement at the DSB, the
It said that the EC's own scientists have found that the importation and consumption of poultry processed with those four PRTs does not pose a risk to human health.
to its concerns, the