United States - Anti-Dumping Act of 1916 - Complaint by the European Communities

On 9 June 1988, the European Communities requested consultations with the United States in respect of the alleged failure of the United States to repeal its Anti-Dumping Act of 1916. The European Communities contended that the US Anti-Dumping Act of 1916 is still in force and is applicable to the import and internal sale of any foreign product irrespective of its origin, including products originating in countries which are WTO Members. The European Communities also alleged that the 1916 Act exists in the US statute books in parallel with the Tariff Act of 1930, as amended, which includes the US implementing legislation of multilateral Anti-Dumping provisions. The European Communities alleged violations of Articles III:4, VI:1 and VI:2 of the GATT 1994, Article XVI:4 of the WTO Agreement, and Articles 1, 2, 3, 4 and 5 of the Anti-Dumping Agreement.