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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
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DS141:
European Communities — Anti-dumping duties on imports of cotton-type bed
linen from India — Recourse to Article 21.5 of the DSU by India
The compliance review reports by the panel (WT/DS141/RW) and by the
Appellate Body (WT(DS141/AB/RW) had been circulated on 29 November 2002
and 8 April 2003 respectively. India welcomed the findings, specifically
in respect of Articles 3.1 and 3.2 of the Anti-Dumping Agreement. India
said that the ruling made it clear that the EC had not brought its measure
into conformity as had been mandated by the original DSB recommendation.
India stated that this non-conformity, therefore, gave it the right to
seek DSB authorization for suspension of concessions or other obligations.
India announced, however, that it reserved its right to approach the DSB
in future for recourse to Article 22.6 of the DSU according to the
procedures agreed between the parties in September 2001 (WT/DS141/11).
The EC said it was pleased that the panel and the Appellate Body had
rejected all the claims brought by India, with the exception of one. It
expressed concern about the interpretations made by the Appellate Body of
Articles 3.1 and 3.2 of the Anti-Dumping Agreement. Despite these
concerns, the EC announced that it intended to implement the Appellate
Body's findings as soon as possible.
The United States expressed disappointment at the conclusion of the
Appellate Body with respect to the treatment of import volumes
attributable to producers or exporters that were not examined
individually. Korea welcomed the Appellate Body's findings and conclusions
regarding determining the volume of dumped imports for the purpose of
making a determination of injury.
The DSB adopted the panel and Appellate Body reports.
DS219:
European Communities — Anti-dumping duties on malleable cast iron
tube or pipe fittings from Brazil — Report of the panel
At the start of the meeting, the Chairman announced that Brazil had
notified the DSB of its decision to appeal the panel report. Accordingly,
this item was removed from the agenda.
Upcoming meetings
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The DSB will meet on 7 May 2003 and on 19 May 2003.
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