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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:
25189840
142
results
81 - 100 of 142 results
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United States - Final Dumping Determination on Softwood Lumber from Canada
Publication Date: August 2004More LessOn 13 September 2002, Canada requested consultations under Article 4.8 of the DSU (urgency procedure) with the United States concerning the final affirmative determination of sales at less than fair value (dumping) with respect to certain softwood lumber products from Canada (Inv. No. A-122-838) announced by the US Department of Commerce (USDOC) on 21 March 2002 pursuant to Section 735 of the Tariff Act of 1930, Read More
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United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada
Publication Date: January 2004More LessOn 3 May 2002, Canada requested consultations with the United States. The request concerned the final affirmative countervailing duty determination by the US Department of Commerce (File No. C‑122839) issued on 25 March 2002, with respect to certain softwood lumber from Canada. The measures at issue include the initiation and conduct of the investigation, the final determination, provision of expedited rev Read More
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European Communities - Conditions for the Granting of Tariff Preferences to Developing Countries
Publication Date: April 2004More LessOn 5 March 2002, India requested consultations with the EC concerning the conditions under which the EC accords tariff preferences to developing countries under its current scheme of generalized tariff preferences (“GSP scheme”). India presented this request pursuant to Article 4 of the DSU, Article XXIII:1 of the GATT 1994 and paragraph 4(b) of the so-called Enabling Clause. India considered that the tariff preferences accord Read More
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United States - Definitive Safeguard Measures on Imports of Certain Steel Products
Publication Date: November 2003More LessThe European Communities, Japan, Korea, Switzerland, Canada, Venezuela, Norway, China, Mexico, New Zealan and Brazil requested consultations with the United States regarding the definitive safeguard measures imposed by the US in the form of an increase in duties on imports of certain flat steel, hot-rolled bar, cold-finished bar, rebar, certain welded tubular products, carbon and alloy fittings, stainless steel bar, stainless stee Read More
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Japan - Measures Affecting the Importation of Apples
Publication Date: November 2003More LessOn 1 March 2002, the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan, which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States compla Read More
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United States - Sunset Review of Anti-Dumping Duties on Corrosion Resistant Carbon Steel Flat Products from Japan
Publication Date: December 2003More LessOn 30 January 2002, Japan requested consultations with the United States in respect of the final determinations of both the United States Department of Commerce (DOC) and the United States International Trade Commission in the full sunset review of the anti-dumping duties imposed on imports of corrosion-resistant carbon steel flat products from Japan. These determinations were issued on 2 August 2000 an Read More
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European Communities - Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil
Publication Date: July 2003More LessOn 21 December 2000, Brazil requested consultations with the EC as regards definitive anti-dumping duties imposed by Council Regulation (EC) No. 1784/2000 concerning imports of malleable cast iron tube or pipe fittings originating, inter alia, in Brazil. Brazil considered that the EC’s establishment of the facts was not proper and that its evaluation of these facts was not unbiased and objective, both at the provisional a Read More
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United States - Continued Dumping and Subsidy Offset Act of 2000
Publication Date: January 2003More LessOn 21 December 2000 and 21 May 2001 respectively, the complainants requested consultations with the US concerning the amendment to the Tariff Act of 1930 signed on 28 October 2000 with the title of “Continued Dumping and Subsidy Offset Act of 2000” (the “Act”) usually referred to as “the Byrd Amendment”. According to the complainants the Act is inconsistent with the obligations of the United States under several pro Read More
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European Communities - Anti-Dumping Duties on Imports of Cotton-type Bed Linen from India - Recourse 1
Publication Date: April 2003More LessOn 3 August 1998, India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/9 Read More
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European Communities - Trade Description of Sardines
Publication Date: September 2002More LessOn 20 March 2001, Peru requested consultations with the EC concerning Regulation (EEC) 2136/89 which, according to Peru, prevents Peruvian exporters to continue to use the trade description “sardines” for their products. Peru submitted that, according to the relevant Codex Alimentarius standards (STAN 94-181 rev. 1995), the species “sardinops sagax sagax” are listed among those species which can be traded as “sardin Read More
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United States - Countervailing Duties on Certain Corrosion Resistant Carbon Steel Flat Products from Germany
Publication Date: November 2002More LessOn 10 November 2000, the EC requested consultations with the US in respect of countervailing duties imposed by the US on imports of certain corrosion-resistant carbon steel flat products (“corrosion resistant steel”), dealt with under US case number C-428-817. This dispute related, in particular, to the final results of a full sunset review of the above measure, carried out by the US Department of Commerce (“DOC”) an Read More
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United States - Countervailing Measures Concerning Certain Products from the European Communities
Publication Date: December 2002More LessOn 10 November 2000, the EC requested consultations with the US concerning the continued application by the United States of countervailing duties on a number of products. In particular, the EC claimed that the application of the “same person” methodology by the US, and the continued imposition of duties based on it, are in breach of Articles 10, 19 and 21 of the SCM Agreement, because there is no proper determinatio Read More
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Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products
Publication Date: September 2002More LessOn 5 October 2000, Argentina requested consultations with Chile concerning: the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546), as well as implementing regulations and complementary and/or amending provisions; and the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safegu Read More
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United States - Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea
Publication Date: February 2002More LessOn 13 June 2000, Korea requested consultations with the United States in respect of the definitive safeguard measure imposed by the United States on imports of circular welded carbon quality line pipe (line pipe). Korea noted that on 18 February 2000 the United States proclaimed a definitive safeguard measure on imports of line pipe (subheadings 7306.10.10 and 7306.10.50 of the Harmonized Tariff Schedule of the United Sta Read More
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United States - Section 211 Omnibus Appropriations Act of 1998
Publication Date: January 2002More LessOn 8 July 1999, the European Communities requested consultations with the United States in respect of Section 211 of the US Omnibus Appropriations Act. The EC and its member States alleged as follows: - Section 211, which was signed into law on 21 October 1998, did not allow the registration or renewal in the United States of a trademark, if it was previously abandoned by a trademark owner whose business an Read More
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India - Measures Affecting the Automotive Sector
Publication Date: March 2002More LessOn 6 October 1998, the EC requested consultations with India concerning certain measures affecting the automotive sector being applied by India. The EC stated that the measures include the documents entitled “Export and Import Policy, 1997-2002”, “ITC (HS Classification) Export and Import Policy 1997-2002” (“Classification”), and “Public Notice No. 60 (PN/97-02) of 12 December 1997, Export and Import Policy April 1997-Mar Read More
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United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
Publication Date: January 2002More LessOn 18 November 1997, the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures, establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994, Articl Read More
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United States - Transitional Safeguard Measure on Combed Cotton Yarn from Pakistan
Publication Date: October 2001More LessOn 3 April 2000, Pakistan requested consultations with the US in respect of a transitional safeguard measure applied by the United States, as of 17 March 1999, on combed cotton yarn (United States category 301) from Pakistan (see US Federal Register of 12 March 1999, document 99-6098). In accordance with Article 6.10 of the Agreement on Textiles and Clothing (ATC), the United States had notified the TMB on 5 March 1999 t Read More
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United States - Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan
Publication Date: July 2001More LessOn 18 November 1999, Japan requested consultations with the United States in respect of the preliminary and final determinations of the US Department of Commerce and the US International Trade Commission on the anti-dumping investigation of Certain Hot Rolled Steel Products from Japan issued on 25 and 30 November 1998, 12 February 1999, 28 April 1999 and 23 June 1999. Japan considered that these determinati Read More
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United States - Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia
Publication Date: May 2001More LessOn 16 July 1999, New Zealand requested consultations with the US in respect of a safeguard measure imposed by the US on imports of lamb meat from New Zealand (WT/DS177). New Zealand alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974, the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports fresh, chilled, or frozen lamb meat effective from 2 Read More
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