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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.
E-ISSN:
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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 On 4 December Morocco notified the Appellate Body that it had withdrawn its appeal in this dispute.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 Read More
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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 import Read More
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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; Read More
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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 0 Read More
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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: Read More
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European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China - Recourse 1
Publication Date: January 2016More LessOn 31 July 2009, China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti‑Dumping Regulation) which provides that in case of imports from non-market economy countries, the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate t Read More
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Peru - Additional Duty on Imports of Certain Agricultural Products
Publication Date: July 2015More LessOn 12 April 2013, Guatemala requested consultations with Peru with respect to the imposition by Peru of an “additional duty” on imports of certain agricultural products, such as rice, sugar, maize, milk and certain dairy products. Guatemala claims that the measure at issue is inconsistent with: - Article 4.2 and footnote 1 of the Agreement on Agriculture; - Articles II:1(a), II:1(b), X:1, X:3(a), XI and XI:1 of the GATT 1994; and - Articl Read More
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China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from Japan. Measures imposing anti-dumping duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from the European Union
Publication Date: October 2015More LessOn 20 December 2012, Japan requested consultations with China pursuant to Articles 1 and 4 of the DSU, Article XXII:1 of the GATT 1994, and Articles 17.2 and 17.3 of the Anti-Dumping Agreement with respect to the measures and claims set out below. On 13 June 2013, the European Union requested consultations with China pursuant to the same, above-mentioned provisions and with respect to the measures and clai Read More
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Argentina - Measures Affecting the Importation of Goods
Publication Date: January 2015More LessOn 21 August 2012, Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods. Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requ Read More
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India - Measures Concerning the Importation of Certain Agricultural Products
Publication Date: June 2015More LessOn 6 March 2012, the United States requested consultations with India with respect to the prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to Avian Influenza. The measures at issue are: the Indian Livestock Importation Act, 1898 (9 of 1898) ("Livestock Act"); a number of orders issued by India's Department of Animal Husban Read More
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United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - 2014
Publication Date: April 2015More LessOn 16 February 2012, Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to two administrative reviews and the five year “sunset review”, the request for consultations concerns several US laws, regulations, administrative proceedings and practices, including zeroing.
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United States - Certain Country of Origin Labelling (Cool) Requirements - Recourse 1
Publication Date: May 2015More LessOn 1 December 2008, Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities, inc Read More
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United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse 1
Publication Date: November 2015More LessOn 24 October 2008, Mexico requested consultations with the United States with respect to the following measures: (i) the United States Code, Title 16, Section 1385 (“Dolphin Protection Consumer Information Act”), (ii) the Code of Federal Regulations, Title 50, Section 216.91 (“Dolphin‑safe labeling standards”) and Section 216.92 (“Dolphin‑safe requirements for tuna harvested in the ETP [Eastern Tropical Pacific Ocean] by la Read More
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United States - Countervailing and Anti-Dumping Measures on Certain Products from China
Publication Date: July 2014More LessOn 17 September 2012, China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese p Read More
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United States - Countervailing Duty Measures on Certain Products from China
Publication Date: December 2014More LessOn 25 May 2012, China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. China challenges various aspects of certain identified countervailing duty investigations, including their opening, conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges t Read More
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United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India
Publication Date: December 2014More LessOn 12 April 2012, India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).
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China - Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum
Publication Date: August 2014More LessOn 13 March 2012, the United States requested consultations with China with respect to China’s restrictions on the export of various forms of rare earths, tungsten and molybdenum. The request refers to materials falling under but not limited to 212 eight-digit Chinese Customs Commodity Codes and over 30 measures. The request also refers to a number of Chinese published as well as unpublished measures that, operatin Read More
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European Communities - Measures Prohibiting the Importation and Marketing of Seal Products
Publication Date: May 2014More LessOn 2 November 2009, Canada requested consultations with the European Communities concerning Regulation (EC) No. 1007/2009 of the European Parliament and of the EC Council of 16 September 2009 on trade in seal products, and subsequent related measures. According to Canada, the regulation in question prohibits the importation and the placing on the EC market of all seal products.
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Canada - Certain Measures Affecting the Renewable Energy Generation Sector. Measures Relating to the Feed-In Tariff Program
Publication Date: May 2013More LessOn 11 August 2011, the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).
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China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States
Publication Date: October 2012More LessOn 15 September 2010, the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010], including its annexes. The subsidy that China determined to confer a benefit are th Read More
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United States - Measures Affecting the Production and Sale of Clove Cigarettes
Publication Date: April 2012More LessOn 7 April 2010, Indonesia requested consultations with the United States with respect to a provision of the Family Smoking Prevention Tobacco Control Act of 2009 that bans clove cigarettes. Indonesia alleged that Section 907, which was signed into law on 22 June 2009, prohibits, among other things, the production or sale in the United States of cigarettes containing certain additives, including clove, but would continue to Read More
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China - Measures Related to the Exportation of Various Raw Materials
Publication Date: January 2012More LessOn 23 June 2009, the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials. The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.
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United States - Certain Country of Origin Labelling (Cool) Requirements
Publication Date: June 2012More LessOn 1 December 2008, Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities, inc Read More
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United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
Publication Date: May 2012More LessOn 24 October 2008, Mexico requested consultations with the United States with respect to the following measures: (i) the United States Code, Title 16, Section 1385 (“Dolphin Protection Consumer Information Act”), (ii) the Code of Federal Regulations, Title 50, Section 216.91 (“Dolphin–safe labeling standards”) and Section 216.92 (“Dolphin–safe requirements for tuna harvested in the ETP [Eastern Tropical Pacific Ocean] by la Read More
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United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint)
Publication Date: March 2012More LessOn 27 June 2005, the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a), 3.1(b), 3.2, 5(a), 5(c), 6.3(a), 6.3(b) and 6.3(c) of the SCM Agreement; an Read More
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United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China
Publication Date: September 2011More LessOn 14 September 2009, China requested consultations with the United States concerning increased tariffs on certain passenger vehicle and light truck tyres (subject tyres) from China. The decision was announced on 11 September 2009 following an investigation pursuant to section 421 of the Trade Act of 1974 (19 U.S.C. 2451 et seq.). The USITC determined that there was market disruption as a result of rapidly increasing impo Read More
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European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
Publication Date: July 2011More LessOn 31 July 2009, China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti–Dumping Regulation) which provides that in case of imports from non-market economy countries, the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate t Read More
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Philippines - Taxes on Distilled Spirits
Publication Date: December 2011More LessOn 29 July 2009, the European Communities requested consultations with the Philippines concerning the Philippines' current Excise Tax regime on distilled spirits, which has been in place since 1997. The European Communities contends that the regime discriminates against imported distilled spirits by taxing them at a substantially higher rate than domestic spirits. The European Communities cites a number of specific measur Read More
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United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
Publication Date: March 2011More LessOn 19 September 2008, China requested consultations concerning the definitive anti-dumping and countervailing duties imposed by the United States pursuant to the final anti-dumping and countervailing duty determinations and orders issued by the US Department of Commerce in several investigations. China considers that these measures, which include the conduct of the underlying anti-dumping and countervailing duty i Read More
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Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines
Publication Date: June 2011More LessOn 7 February 2008, the Philippines requested consultations with Thailand concerning a number of Thai fiscal and customs measures affecting cigarettes from the Philippines. Such measures include Thailand's customs valuation practices, excise tax, health tax, TV tax, VAT regime, retail licensing requirements and import guarantees imposed upon cigarette importers. The Philippines claims that Thailand administers these Read More
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European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft
Publication Date: May 2011More 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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Australia - Measures Affecting the Importation of Apples from New Zealand
Publication Date: November 2010More LessOn 31 August 2007, New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand. On 27 March 2007, Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908, and the application of phytosanitary measur Read More
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China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products
Publication Date: December 2009More LessOn 10 April 2007, the United States requested consultations with China concerning: (1) certain measures that restrict trading rights with respect to imported films for theatrical release, audiovisual home entertainment products (e.g. video cassettes and DVDs), sound recordings and publications (e.g. books, magazines, newspapers and electronic publications); and (2) certain measures that restrict market access for, or discrimina Read More
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United States - Continued Existence and Application of Zeroing Methodology
Publication Date: February 2009More LessOn 2 October 2006, the European Communities requested consultations with the United States concerning its continued application of the “zeroing” methodology. In particular, the request for consultations concerns (i) the implementing regulation (19 CFR Section 351) of the US Department of Commerce, especially section 351.414(c)(2); and (ii) the Import Administration Antidumping Manual (1997 edition), including the comput Read More
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India - Additional and Extra-Additional Duties on Imports from the United States
Publication Date: October 2008More LessOn 6 March 2007, the United States requested consultations with India with respect to “additional duties” or “extra additional duties” that India applies to imports from the United States, which include (but are not limited to) wines and distilled products (HS2204, 2205, 2206 and 2208.
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