Anti-Dumping Measureson Certain Iron

Anti-Dumping Measureson Certain Iron

WT/DS397/R
Page 1

World Trade
Organization
WT/DS397/R
3 December 2010
(10-6267)
Original: English

EUROPEAN COMMUNITIES – DEFINITIVE

ANTI-DUMPING MEASURESON CERTAIN IRON

OR STEEL FASTENERS FROM CHINA

Report of the Panel

WT/DS397/R
Page 1

TABLE OF CONTENTS

Page

I.INTRODUCTION

II.FACTUAL ASPECTS

III.PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS

A.China

B.The European Union

IV.ARGUMENTS OF THE PARTIES

V.ARGUMENTS OF THE THIRD PARTIES

VI.INTERIM REVIEW

A.Introduction

B.General Comments

C.Specific Requests

VII.FINDINGS

A.Relevant Principles Regarding Standard of Review, Treaty Interpretation and Burden of Proof

1.Standard of Review

2.Rules of Treaty Interpretation

3.Burden of Proof

B.Terms of Reference of The Panel

C.Claims Regarding Council Regulation No.1225/2009 (the Basic AD Regulation) As Such

1.Preliminary Objections

(a)Whether Council Regulation No.1225/2009 Is Properly Before the Panel

(b)Whether All Claims Raised by China in Connection With the Basic AD Regulation are Within the Panel's Terms of Reference

(i)Arguments of the Parties

(ii)Arguments of Third Parties

(iii)Evaluation by the Panel

2.Relevant Provisions of Council Regulation No.1225/2009

3.Whether Article9(5) of the Basic AD Regulation is inconsistent with Articles6.10, 9.2, 9.3 and 9.4 of the ADAgreement

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Brazil

(ii)Colombia

(iii)India

(iv)Japan

(v)Turkey

(vi)United States

(c)Evaluation by the Panel

(i)The Scope/Operation of Article9(5) of the Basic AD Regulation

(ii)Substantive Analysis

4.Whether Article9(5) of the Basic AD Regulation is inconsistent with ArticleI:1 of the GATT 1994

(a)Arguments of Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Colombia

(c)Evaluation by the Panel

5.Whether Article9(5) of the Basic AD Regulation is inconsistent with ArticleX:3(a) of the GATT 1994

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)United States

(c)Evaluation by the Panel

6.Whether Article9(5) of the Basic AD Regulation is inconsistent with ArticleXVI:4 of the WTO Agreement and Article18.4 of the ADAgreement

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Evaluation by the Panel

D.Claims Regarding Council Regulation 91/2009 ("the Definitive Regulation")

1.Background of the Investigation at Issue

2.Whether Article9(5) of the Basic AD Regulation, as applied in the fasteners investigation, is inconsistent with Articles6.10, 9.2 and 9.4 of the ADAgreement

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Evaluation by the Panel

3.Whether the European Union violated Article5.4 of the ADAgreement in its standing determination

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Evaluation by the Panel

(i)Terms of Reference

(ii)Substantive Analysis

4.Whether the European Union violated Articles4.1 and 3.1 of the ADAgreement in defining the domestic industry

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Colombia

(ii)Japan

(iii)Norway

(iv)United States

(c)Evaluation by the Panel

5.Whether the European Union violated Articles2.1 and 2.6 of the ADAgreement in defining the product under consideration and/or the like product

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Chile

(ii)Colombia

(iii)Japan

(iv)Norway

(v)Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

(vi)United States

(c)Evaluation by the Panel

(i)Product under consideration

(ii)Like product

6.Whether the European Union violated Article2.4 of the ADAgreement in its Dumping Determination

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Chile

(ii)Colombia

(c)Evaluation by the Panel

7.Whether the European Union violated Articles3.1 and 3.2 of the ADAgreement in its price undercutting determination

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Evaluation by the Panel

(i)Terms of Reference of the Panel

(ii)Substantive Analysis

8.Whether the European Union violated Articles3.1, 3.2, 3.4 and 3.5 of the ADAgreement in its consideration of the volume of dumped imports

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Japan

(ii)Norway

(c)Evaluation by the Panel

9.Whether the European Union violated Articles3.1 and 3.4 of the ADAgreement in its consideration of the consequent impact of dumped imports

(a)Arguments of Parties

(i)China

(ii)European Union

(b)Third parties

(i)Chile

(ii)India

(iii)Norway

(iv)United States

(c)Evaluation by the Panel

10.Whether the European Union violated Articles3.1 and 3.5 of the ADAgreement in its consideration of causation

(a)Arguments of the Parties

(i)China

(ii)European Union

(b)Arguments of Third Parties

(i)Japan

(ii)Norway

(c)Evaluation by the Panel

11.Claims regarding alleged procedural violations

(a)Introduction

(b)Whether the European Union violated Articles6.5, 6.2 and 6.4 of the ADAgreement by failing to disclose the identity of domestic producers

(i)Arguments of the Parties

(ii)Arguments of Third Parties

(iii)Evaluation by the Panel

(c)Whether the European Union violated Articles6.2, 6.4, 6.5 and 6.9 of the ADAgreement by failing to disclose aspects of the normal value determination

(i)Arguments of the Parties

(ii)Arguments of Third Parties

(iii)Evaluation by the Panel

(d)Whether the European Union violated Articles6.5, 6.2 and 6.4 of the ADAgreement in connection with the non-confidential version of certain questionnaire responses

(i)Arguments of the Parties

(ii)Evaluation by the Panel

(e)Whether the European Union violated Articles6.5, 6.2 and 6.4 of the ADAgreement by failing to disclose the Eurostat data on total EU production of fasteners

(i)Arguments of the Parties

(ii)Evaluation by the Panel

(f)Whether the European Union violated Articles6.9, 6.2 and 6.4 of the ADAgreement in procedural aspects of the domestic industry definition

(i)Arguments of the Parties

(ii)Evaluation by the Panel

(g)Whether the European Union violated Article12.2.2 of the ADAgreement in procedural aspects of individual treatment determinations

(i)Arguments of the Parties

(ii)Evaluation by the Panel

(h)Whether the European Union violated Article6.5 of the ADAgreement by disclosing confidential information

(i)Arguments of the Parties

(ii)Arguments of Third Parties

(iii)Evaluation by the Panel

(i)Whether the European Union violated Article6.1.1 of the ADAgreement by failing to provide sufficient time to respond to requests for information

(i)Arguments of the Parties

(ii)Arguments of Third Parties

(iii)Evaluation by the Panel

VIII.CONCLUSIONS AND RECOMMENDATION

A.Conclusions

B.Recommendation

WT/DS397/R
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LIST OF ANNEXES

Annex A

EXECUTIVE SUMMARIES OF THE FIRST WRITTEN

SUBMISSIONS OF THE PARTIES

Contents / Page
Annex-A-1Executive Summary of the First Written Submission of China / A-2
Annex A-2Executive Summary of the First Written Submission of the European Union / A-10

ANNEX B

EXECUTIVE SUMMARIES OF THE WRITTEN SUBMISSIONS

OF THIRD PARTIES

Contents / Page
Annex B-1Executive Summary of the Third Party Written Submission of Brazil / B-2
Annex B-2Executive Summary of the Third Party Written Submission ofColombia / B-5
Annex B-3Executive Summary of the Third Party Written Submission of Japan / B-9
Annex B-4Executive Summary of the Third Party Written Submission ofNorway / B-14
Annex B-5Executive Summary of the Third Party Written Submission ofTurkey / B-19
Annex B-6Executive Summary of the Third Party Written Submission of theUnited States / B-21

ANNEX C

ORAL STATEMENTS OFTHE PARTIES

AT THE FIRST SUBSTANTIVEMEETING OF THE PANEL

OR EXECUTIVE SUMMARIES THEREOF

Contents / Page
Annex C-1Executive Summary of the Opening Statement of China at the First Meeting of the Panel / C-2
Annex C-2Executive Summary of the Opening Statement of the EuropeanUnion at the First Meeting of the Panel / C-9
Annex C-3Closing Statement of China at the First Meeting of the Panel / C-18
Annex C-4Closing Statement of the EuropeanUnion at the First Meeting of the Panel / C-20

ANNEX D

ORAL STATEMENTS OF THIRD PARTIES OR

EXECUTIVE SUMMARIES THEREOF

Contents / Page
Annex D-1Third Party Oral Statement of Chile / D-2
Annex D-2Third Party Oral Statement of Colombia / D-4
Annex D-3Third Party Oral Statement of India / D-7
Annex D-4Executive Summary of the Third Party Oral Statement of Japan / D-10
Annex D-5Third Party Oral Statement of Norway / D-13
Annex D-6Third Party Oral Statement of the SeparateCustomsTerritory of Taiwan, Penghu, Kinmen and Matsu / D-17
Annex D-7Third Party Oral Statement of Turkey / D-20
Annex D-8Executive Summary of the Third Party Oral Statement of the United States / D-22

ANNEX E

EXECUTIVE SUMMARIES OF THE SECOND WRITTEN

SUBMISSIONS OF THE PARTIES

Contents / Page
Annex E-1Executive Summary of the Second Written Submission of China / E-2
Annex E-2Executive Summary of the Second Written Submission of theEuropean Union / E-12

ANNEX F

ORAL STATEMENTS OFTHE PARTIES

AT THE SECOND SUBSTANTIVEMEETING OF THE PANEL

OR EXECUTIVE SUMMARIES THEREOF

Contents / Page
Annex F-1Executive Summary of the Opening Statement of China at the Second Meeting of the Panel / F-2
Annex F-2Executive Summary of the Opening Statement of the EuropeanUnion at the Second Meeting of the Panel / F-10
Annex F-3Closing Statement of China at the Second Meeting of the Panel / F-19
Annex F-4Closing Statement of the EuropeanUnion at the Second Meeting of the Panel / F-20

ANNEX G

REQUEST FOR CONSULTATIONS AND

REQUEST FOR THE ESTABLISHMENTOF A PANEL BY CHINA

Contents / Page
Annex G-1Request for Consultations by China / G-2
Annex G-2Request for the Establishment of a Panel by China / G-5

ANNEX H

DECISION CONCERNING EXHIBIT CHN-65

Contents / Page
Annex H-1Panel's Decision concerning Exhibit CHN-65 / H-2

TABLE OF CASES CITED IN THIS REPORT

WTO DISPUTE SETTLEMENT REPORTS

Short Title / Full Case Title and Citation
Argentina – Footwear (EC) / Appellate Body Report, Argentina – Safeguard Measures on Imports of Footwear, WT/DS121/AB/R, adopted 12 January 2000, DSR 2000:I, 515
Argentina – Footwear (EC) / Panel Report, Argentina – Safeguard Measures on Imports of Footwear, WT/DS121/R, adopted 12 January 2000, as modified by Appellate Body Report WT/DS121/AB/R, DSR 2000:II, 575
Argentina – Poultry AntiDumping Duties / Panel Report, Argentina – Definitive AntiDumping Duties on Poultry from Brazil, WT/DS241/R, adopted 19 May 2003, DSR 2003:V, 1727
Brazil – Aircraft / Appellate Body Report, Brazil – Export Financing Programme for Aircraft, WT/DS46/AB/R, adopted 20 August 1999, DSR 1999:III, 1161
Brazil – Aircraft / Panel Report, Brazil – Export Financing Programme for Aircraft, WT/DS46/R, adopted 20 August 1999, as modified by Appellate Body Report WT/DS46/AB/R, DSR 1999:III, 1221
Brazil – Desiccated Coconut / Appellate Body Report, Brazil – Measures Affecting Desiccated Coconut, WT/DS22/AB/R, adopted 20 March 1997, DSR 1997:I, 167
Canada – Aircraft / Panel Report, Canada – Measures Affecting the Export of Civilian Aircraft, WT/DS70/R, adopted 20 August 1999, upheld by Appellate Body Report WT/DS70/AB/R, DSR 1999:IV, 1443
Canada – Autos / Appellate Body Report, Canada – Certain Measures Affecting the Automotive Industry, WT/DS139/AB/R, WT/DS142/AB/R, adopted 19June 2000, DSR2000:VI, 2985
Chile – Price Band System / Appellate Body Report, Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products, WT/DS207/AB/R, adopted 23October 2002, DSR 2002:VIII, 3045 (Corr.1, DSR 2006:XII, 5473)
China – Publications and Audiovisual Products / Panel Report, China –Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/R and Corr.1, adopted 19January2010, as modified by Appellate Body Report WT/DS363/AB/R
EC – Bananas III / Appellate Body Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted 25September1997, DSR 1997:II, 591
EC – Bed Linen / Panel Report, European Communities – AntiDumping Duties on Imports of CottonType Bed Linen from India, WT/DS141/R, adopted 12 March 2001, as modified by Appellate Body Report WT/DS141/AB/R, DSR 2001:VI, 2077
EC – Bed Linen
(Article21.5 – India) / Appellate Body Report, European Communities – AntiDumping Duties on Imports of CottonType Bed Linen from India – Recourse to Article21.5 of the DSUby India, WT/DS141/AB/RW, adopted 24April 2003, DSR 2003:III, 965
EC – Bed Linen
(Article21.5 – India) / Panel Report, European Communities – AntiDumping Duties on Imports of CottonType Bed Linen from India – Recourse to Article21.5 of the DSUby India, WT/DS141/RW, adopted 24April2003, as modified by Appellate Body Report WT/DS141/AB/RW, DSR 2003:IV, 1269
EC – Chicken Cuts (Brazil) / Panel Report, EuropeanCommunities – Customs Classification of Frozen Boneless Chicken Cuts, Complaint by Brazil, WT/DS269/R, adopted 27September 2005, as modified by Appellate Body Report WT/DS269/AB/R, WT/DS286/AB/R, DSR 2005:XIX, 9295
EC – Countervailing Measures on DRAM Chips / Panel Report, European Communities – Countervailing Measures on Dynamic Random Access Memory Chips from Korea, WT/DS299/R, adopted 3August2005, DSR 2005:XVIII, 8671
EC – Hormones / Appellate Body Report, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/AB/R, WT/DS48/AB/R, adopted 13February 1998, DSR 1998:I, 135
EC – Salmon (Norway) / Panel Report, European Communities – AntiDumping Measure on Farmed Salmon from Norway, WT/DS337/R, adopted 15January2008, and Corr.1, DSR 2008:I, 3
EC – Tariff Preferences / Appellate Body Report, European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/AB/R, adopted 20April 2004, DSR 2004:III, 925
EC – Tube or Pipe Fittings / Panel Report, European Communities – AntiDumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil, WT/DS219/R, adopted 18 August 2003, as modified by Appellate Body Report WT/DS219/AB/R, DSR 2003:VII, 2701
Egypt – Steel Rebar / Panel Report, Egypt – Definitive AntiDumping Measures on Steel Rebar from Turkey, WT/DS211/R, adopted 1 October 2002, DSR 2002:VII, 2667
Guatemala – Cement I / Appellate Body Report, Guatemala – AntiDumping Investigation Regarding Portland Cement from Mexico, WT/DS60/AB/R, adopted 25 November 1998, DSR 1998:IX, 3767
Guatemala – Cement I / Panel Report, Guatemala – AntiDumping Investigation Regarding Portland Cement from Mexico, WT/DS60/R, adopted 25November1998, as modified by Appellate Body Report WT/DS60/AB/R, DSR 1998:IX, 3797
Guatemala – Cement II / Panel Report, Guatemala – Definitive AntiDumping Measures on Grey Portland Cement from Mexico, WT/DS156/R, adopted 17November2000, DSR 2000:XI, 5295
India – Patents (US) / Appellate Body Report, India – Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50/AB/R, adopted 16January 1998, DSR 1998:I, 9
Indonesia – Autos / Panel Report, Indonesia – Certain Measures Affecting the Automobile Industry, WT/DS54/R, WT/DS55/R, WT/DS59/R, WT/DS64/R and Corr.1 and 2, adopted 23 July 1998, and Corr. 3 and 4, DSR 1998:VI, 2201
Japan – Alcoholic Beverages II / Appellate Body Report, Japan – Taxes on Alcoholic Beverages, WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R, adopted 1November1996, DSR 1996:I, 97
Japan – DRAMs (Korea) / Appellate Body Report, Japan – Countervailing Duties on Dynamic Random Access Memories from Korea, WT/DS336/AB/R and Corr.1, adopted 17December 2007, DSR 2007:VII, 2703
Japan – Film / Panel Report, Japan – Measures Affecting Consumer Photographic Film and Paper, WT/DS44/R, adopted 22 April 1998, DSR 1998:IV, 1179
Korea – Certain Paper / Panel Report, Korea – AntiDumping Duties on Imports of Certain Paper from Indonesia, WT/DS312/R, adopted 28 November 2005, DSR 2005:XXII, 10637
Korea – Certain Paper (Article21.5 – Indonesia) / Panel Report, Korea – AntiDumping Duties on Imports of Certain Paper from Indonesia – Recourse to Article21.5 of the DSU by Indonesia, WT/DS312/RW, adopted 22 October 2007, DSR 2007:VIII, 3369
Korea – Dairy / Appellate Body Report, Korea – Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/AB/R, adopted 12January 2000, DSR 2000:I, 3
Mexico – AntiDumping Measures on Rice / Appellate Body Report, Mexico – Definitive AntiDumping Measures on Beef and Rice, Complaint with Respect to Rice, WT/DS295/AB/R, adopted 20December 2005, DSR 2005:XXII, 10853
Mexico – AntiDumping Measures on Rice / Panel Report, Mexico – Definitive AntiDumping Measures on Beef and Rice, Complaint with Respect to Rice, WT/DS295/R, adopted 20December 2005, as modified by Appellate Body Report WT/DS295/AB/R, DSR 2005:XXIII, 11007
Mexico – Corn Syrup / Panel Report, Mexico – AntiDumping Investigation of High Fructose Corn Syrup (HFCS) from the United States, WT/DS132/R, adopted 24February2000, and Corr.1, DSR 2000:III, 1345
Mexico – Olive Oil / Panel Report, Mexico – Definitive Countervailing Measures on Olive Oil from the European Communities, WT/DS341/R, adopted 21October 2008, DSR 2008:IX, 3179
Mexico – Steel Pipes and Tubes / Panel Report, Mexico – AntiDumping Duties on Steel Pipes and Tubes from Guatemala, WT/DS331/R, adopted 24 July 2007, DSR 2007:IV, 1207
US – AntiDumping Measures on Oil Country Tubular Goods / Panel Report, United States – AntiDumping Measures on Oil Country Tubular Goods (OCTG) from Mexico, WT/DS282/R, adopted 28November2005, as modified by Appellate Body Report WT/DS282/AB/R, DSR 2005:XXI, 10225
US – Carbon Steel / Appellate Body Report, United States – Countervailing Duties on Certain CorrosionResistant Carbon Steel Flat Products from Germany, WT/DS213/AB/R and Corr.1, adopted 19 December 2002, DSR 2002:IX, 3779
US – Continued Zeroing / Appellate Body Report, United States – Continued Existence and Application of Zeroing Methodology, WT/DS350/AB/R, adopted 19February 2009
US – CorrosionResistant Steel Sunset Review / Appellate Body Report, United States – Sunset Review of AntiDumping Duties on CorrosionResistant Carbon Steel Flat Products from Japan, WT/DS244/AB/R, adopted 9 January 2004, DSR 2004:I, 3
US – CorrosionResistant Steel Sunset Review / Panel Report, United States – Sunset Review of AntiDumping Duties on CorrosionResistant Carbon Steel Flat Products from Japan, WT/DS244/R, adopted 9 January 2004, as modified by Appellate Body Report WTDS244/AB/R, DSR 2004:I, 85
US – Countervailing Duty Investigation on DRAMS / Appellate Body Report, United States – Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (DRAMS) from Korea, WT/DS296/AB/R, adopted 20 July 2005, DSR 2005:XVI, 8131
US – DRAMS / Panel Report, United States – AntiDumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of One Megabit or Above from Korea, WT/DS99/R, adopted 19 March 1999, DSR 1999:II, 521
US – FSC / Appellate Body Report, United States – tax treatment for "Foreign Sales Corporations", WT/DS/108/AB/R, adopted 20 March 2000, DSR 2000:III, 1619
US - Gasoline / Appellate BodyReport, United States – Standards for Reformulated and Conventional Gasoline ("US – Gasoline"), WT/DS2/AB/R, adopted 20May1996, DSR1996:I,3
US – HotRolled Steel / Appellate Body Report, United States – AntiDumping Measures on Certain HotRolled Steel Products from Japan, WT/DS184/AB/R, adopted 23August2001, DSR 2001:X, 4697
US – HotRolled Steel / Panel Report, United States – AntiDumping Measures on Certain HotRolled Steel Products from Japan, WT/DS184/R, adopted 23August 2001 modified by Appellate Body Report WT/DS184/AB/R, DSR 2001:X, 4769
US – Lamb / Appellate Body Report, United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia, WT/DS177/AB/R, WT/DS178/AB/R, adopted 16 May 2001, DSR 2001:IX, 4051
US – Oil Country Tubular Goods Sunset Reviews / Appellate Body Report, United States – Sunset Reviews of AntiDumping Measures on Oil Country Tubular Goods from Argentina, WT/DS268/AB/R, adopted 17 December 2004, DSR 2004:VII, 3257
US – Section 129(c)(1) URAA / Panel Report, United States – Section 129(c)(1) of the Uruguay Round Agreements Act, WT/DS221/R, adopted 30 August 2002, DSR 2002:VII, 2581
US – Softwood Lumber V / Appellate Body Report, United States – Final Dumping Determination on Softwood Lumber from Canada, WT/DS264/AB/R, adopted 31August 2004, DSR 2004:V, 1875
US – Softwood Lumber V / Panel Report, United States – Final Dumping Determination on Softwood Lumber from Canada, WT/DS264/R, adopted 31August2004, as modified by Appellate Body Report WT/DS264/AB/R, DSR 2004:V, 1937
US – Softwood Lumber VI (Article21.5 – Canada) / Appellate Body Report, United States – Investigation of the International Trade Commission in Softwood Lumber from Canada – Recourse to Article21.5 of the DSU by Canada, WT/DS277/AB/RW, adopted 9May2006, and Corr.1, DSR 2006:XI, 4865
US – Stainless Steel (Korea) / Panel Report, United States – AntiDumping Measures on Stainless Steel Plate in Coils and Stainless Steel Sheet and Strip from Korea, WT/DS179/R, adopted 1 February 2001, DSR 2001:IV, 1295
US – Steel Plate / Panel Report, United States – AntiDumping and Countervailing Measures on Steel Plate from India, WT/DS206/R and Corr.1, adopted 29 July 2002, DSR 2002:VI, 2073
US - Underwear / Appellate Body Report, United States – Restrictions on Imports of Cotton and Man-made Fibre Underwear ("US – Underwear"), WT/DS24/AB/R, adopted 25February1997, DSR1997:I,11
US – Upland Cotton / Appellate Body Report, United States – Subsidies on Upland Cotton, WT/DS267/AB/R, adopted 21 March 2005, DSR 2005:I, 3
US – Upland Cotton / Panel Report, United States – Subsidies on Upland Cotton, WT/DS267/R, Corr.1, and Add.1 to Add.3, adopted 21 March 2005, as modified by Appellate Body Report WT/DS267/AB/R, DSR 2005:II, 299
US – Wheat Gluten / Appellate Body Report, United States – Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities, WT/DS166/AB/R, adopted 19 January 2001, DSR 2001:II, 717
US – Wool Shirts and Blouses / Appellate Body Report, United States – Measure Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/AB/R, adopted 23 May 1997, and Corr.1, DSR 1997:I, 323
US – Zeroing (Japan) (Article21.5 – Japan) / Appellate Body Report, United States – Measures Relating to Zeroing and Sunset Reviews – Recourse to Article21.5 of the DSU by Japan, WT/DS322/AB/RW, adopted 31 August 2009

GATT PANEL REPORTS

Footwear from Brazil("US – MFN Footwear"), DS18/R, adopted19June1992, BISD39S/128.

TABLE OF ABBREVIATIONS USED IN THIS REPORT

Abbreviation / Full Reference
ADAgreement / Agreement on Implementationof ArticleVI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)
DSU / Dispute Settlement Understanding
EU / European Union
GATT1994 / General Agreement on Tariffs and Trade 1994
IA / Investigating Authority
IT / Individual Treatment
MET / Market Economy Test
MFN / Most Favoured Nation
NME / Non-market Economy
PCN / Product Control Number
SCM Agreement / Agreement on Subsidies and Countervailing Measures
Chinese Taipei / SeparateCustomsTerritory of Taiwan, Penghu, Kinmen and Matsu
WTO / World Trade Organization

WT/DS397/R
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