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Cases involving the EU

WT/DS136 - Anti-dumping Act of 1916

Last update: 31/05/2011

  • Complaint by: EU
  • Complaint against: United States
  • Third parties:
    India - Japan - Mexico
Summary of case:

The 1916 Act imposes penal sanctions against the importation of goods and their sale in the US market when the price is lower than the one in the country of production or in other foreign countries where the goods are exported. Provides for civil and penal proceedings and sanctions.

Relevant WTO provision:

GATT (III:4, VI:1, VI:2)
WTO (XVI:4)
Anti-dumping (1, 2, 3, 4, 5)

Current situation:

See also DS 162, complaint by Japan. The United States repealed the 1916 Act in December 2004, but this repeal did not affect the on-going proceedings which were allowed to continue. To the EC knowledge, there was however no ongoing cases against EC companies at the time of repeal. Further, EC companies receive protection under Council Regulation 2238/2003 that (1) prohibits the recognition & enforcement of decisions based on the 1916 act and (2) allows EC companies to sue the US plaintiff to recover costs/damages caused by a complaint under the 1916 act.

Consultation:

Date of request: 04/06/1998

Panel:

Date of request: 11/11/1998
Date of establishment: 01/02/1999
Date of circulation of report: 31/03/2000

Appeal:

Date of request: 29/05/2000
Date of circulation of report: 28/08/2000

Date of adoption - panel/AB report:

26/09/2000

Implementation deadline:

20/12/2001

Recourse to Articles:

  • 18-01-2002 - Recourse to Art. 22 -
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