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WTO cases

Cases involving the EU

WT/DS212 - Countervailing measures concerning certain products from the EC

Last update: 23/07/2004

  • Complaint by: EU
  • Complaint against: United States
  • Third parties:
    Brazil - Israel
Summary of case:

US application of countervailing duties based on an irrebuttable presumption that non-recurring subsidies granted to a former producer of goods, prior to a change of ownership, "pass through" to the current producer of the goods following the change of ownership. 14 cases are included in this request.

Relevant WTO provision:

SCM (10, 19, 21)

Current situation:

WTO consultations held on 7 Dec. 2000. Supplementary consultations held on 3 Apr. 2001. Panel established. Panel report circulated on 31 July 2002. US appealed. AB report circulated on 9 Dec. 2002. The AB upheld the Panel's findings on the non-compatibility with WTO rules of the US CVD measures. On the contrary, it judged that the US law is fine. AB and panel report adopted on 8 Jan. 2003. Mutually agreed reasonable period of time of 10 months. On 7 Nov. the US claimed that it has complied with the DSB ruling. The EC requested consultations under Art. 21.5 DSU to discuss some aspects of the US implementation. Consultations were held on 24 May 2004.


Date of request: 10/11/2000


Date of request: 08/08/2001
Date of establishment: 10/09/2001
Date of circulation of report: 31/07/2002


Date of request: 11/09/2002
Date of circulation of report: 09/12/2002

Date of adoption - panel/AB report:


Implementation deadline:


Recourse to Articles:

  • 17-03-2004 - Recourse to Art. 21.5 -
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