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Appellate Body Reports
Appeals to panel reports are considered by the WTO’s Appellate Body, which consists of seven members elected for a four-year term. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body reports, once adopted by the Dispute Settlement Body (DSB), must be accepted by the parties to the dispute.
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Morocco - Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey
Publication Date: December 2019More LessOn 10 December 2019 the Appellate Body issued its report in the case brought by Turkey in “Morocco - Anti-Dumping Measures on Certain Hot Rolled Steel from Turkey” (DS513). On 4 December Morocco notified the Appellate Body that it had withdrawn its appeal in this dispute.
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United States - Countervailing Measures on Supercalendered Paper from Canada
Publication Date: February 2020More LessOn 6 February 2020 the Appellate Body issued its report in the case brought by Canada in “United States - Countervailing Measures on Supercalendered Paper from Canada” (DS505).
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Russian Federation - Measures affecting the importation of railway equipment and parts thereof
Publication Date: February 2020More LessOn 4 February 2020 the Appellate Body issued its report in the case brought by Ukraine in “ Russia - Measures affecting the importation of railway equipment and parts thereof” (DS499).
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Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
Publication Date: June 2020More LessOn 9 June 2020 the Appellate Body issued its reports in the cases brought by Honduras and the Dominican Republic in “Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging” (DS435 and DS441).
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United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (Boeing - Airbus) - Recourse 1
Publication Date: March 2019More LessOn 28 March 2019 the WTO’s Appellate Body issued its report on US compliance in the dispute brought by the European Union in “United States — Measures Affecting Trade in Large Civil Aircraft — Second complaint” (DS353).
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European Union - Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan
Publication Date: May 2018More LessOn 16 May 2018, the WTO Appellate Body issued its report in the case “European Union — Countervailing Duties on Certain Polyethylene Terephthalate from Pakistan.
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Russia - Anti-dumping Duties on Light Commercial Vehicles from Germany and Italy
Publication Date: March 2018More LessOn 22 March 2018, the WTO Appellate Body issued its report in the case “Russia — Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy.
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Brazil - Certain Measures Concerning Taxation and Charges
Publication Date: December 2018More LessOn 13 December 2018 the Appellate Body issued its report in the cases by the European Union and Japan in “Brazil - Certain Measures Concerning Taxation and Charges” (DS472 and DS497).
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United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse 2
Publication Date: December 2018More LessOn 14 December 2018 the Appellate Body issued its report in the cases brought by Mexico and the United States in “United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products — Second Recourse to Article 21.5 of the DSU by Mexico” (DS381).
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European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (Boeing - Airbus) - Recourse 1
Publication Date: May 2018More LessOn 6 October 2004, the United States requested consultations with the Governments of Germany, France, the United Kingdom, and Spain (the “member States”), and with the European Communities (“EC”) concerning measures affecting trade in large civil aircraft.
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Indonesia - Importation of Horticultural Products, Animals and Animal Products
Publication Date: November 2017More LessOn 9 November 2017 the WTO, Appellate Body issued its report in the cases brought by New Zealand and the United States in “Indonesia - Importation of Horticultural Products, Animals and Animal Products”.
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Russian Federation - Measures on the Importation of Live Pigs, Pork and other Pig Products from the European Union
Publication Date: February 2017More LessOn 23 February 2017, the WTO Appellate Body issued its report in the case “Russian Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union”.
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United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China
Publication Date: May 2017More LessOn 11 May 2017, the WTO Appellate Body issued its report in the case “United States - Certain Methodologies and their Application To Anti-Dumping Proceedings Involving China”.
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European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia
Publication Date: September 2017More LessOn 5 September 2017, the WTO Appellate Body issued its report in the case “European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia”.
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United States - Conditional Tax Incentives for Large Civil Aircraft
Publication Date: September 2017More LessOn 19 December 2014, the European Union requested consultations with the United States with respect to conditional tax incentives established by the State of Washington in relation to the development, manufacture, and sale of large civil aircraft. The European Union alleges that the measures constitute specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement. The European Union also considers that the measures are prohibited subsidies that are inconsistent with Articles 3.1(b) and 3.2 of the SCM Agreement
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European Union - Anti-Dumping Measures on Biodiesel from Argentina
Publication Date: October 2016More LessThe European Union and Argentina each appeals certain issues of law and legal interpretations developed in the Panel Report, European Union – Anti-Dumping Measures on Biodiesel from Argentina (Panel Report). The Panel was established on 25 April 2014 to consider a complaint by Argentina with respect to two measures of the European Union: (i) the anti-dumping measure imposed by the European Union on imports of biodiesel originating in Argentina; and (ii) the second subparagraph of Article 2(5) of Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (Basic Regulation).
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United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea
Publication Date: September 2016More LessOn 29 August 2013, Korea requested consultations with the United States concerning anti–dumping and countervailing measures relating to large residential washers from Korea. Korea claims that the measures identified in its request for consultations are inconsistent with: - Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.3, 9.4, 9.5, 11 and 18.4 of the Anti-Dumping Agreement; - Articles 1.1, 1.2, 2.1, 2.2, 10, 14 and 19.4 of the SCM Agreement; - Articles VI, VI:1, VI:2 and VI:3 of the GATT 1994; - Article XVI:4 of the WTO Agreement.
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Colombia - Measures Relating to the Importation of Textiles, Apparel and Footwear
Publication Date: June 2016More LessOn 18 June 2013, Panama requested consultations with Colombia with respect to the imposition by Colombia of a compound tariff affecting the importation of textiles, apparel and footwear from Panama. The measure at issue is a compound tariff that Colombia has allegedly imposed by Presidential Decree No. 074 of 23 January 2013 (Decree 074/2013). Panama claims that this measure at issue is contained in: - Decree 074/2013; - Decree 1497/2011 as regards the definition of the products covered by the nomenclature of Chapters 61, 62, 63 and 64 of the Tariff Schedule; and - Memorandum No. 000165 of 30 April 2013 from the Customs Management Department of the Directorate of National Taxes and Customs on “measures to control compliance with Decree 074 of 2013”.
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India - Certain Measures Relating to Solar Cells and Solar Modules
Publication Date: September 2016More LessOn 6 February 2013, the United States requested consultations with India concerning certain measures of India relating to domestic content requirements under the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules.
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Argentina - Measures Relating to Trade in Goods and Services
Publication Date: April 2016More LessOn 12 December 2012, Panama requested consultations with Argentina with respect to certain measures imposed by Argentina that affect trade in goods and services. Panama alleges that various Argentine measures are applied exclusively in respect of certain countries listed in the Regulations to the Income/Profit Tax Law, Decree 1344/98, as amended by Decree 1037/00. Panama claims that the measures are inconsistent with: - Articles II:1, XI, XVI and footnote 8, and XVII of the GATS; and - Articles I:1, III:2, III:4 and XI:1 of the GATT 1994. On 21 December 2012, the European Union requested to join the consultations. On 28 December 2012, the United States requested to join the consultations.
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