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DISPUTE SETTLEMENT: DISPUTE DS229

Brazil — Anti-Dumping Duties on Jute Bags from India

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Key facts  back to top

Summary of the dispute to date  back to top

Summary up-to-date at

Consultations requested — no panel established nor settlement notified

Complaint by India.

On 9 April 2001, India requested consultations with Brazil concerning:

• the determination by the Brazilian government to continue to impose anti-dumping duties on jute bags and bags made of jute yarn from India, based on an allegedly forged document regarding dumping margin attributed to a non-existing Indian company;
   
• its refusal to reconsider the decision to continue anti-dumping duties on Indian jute products despite the fact that the non-existence of that company was brought to the notice of the authorities;
   
• non-consideration of the fresh evidence regarding cost of production, domestic sales prices, export prices, etc., of Indian jute manufacturers, and refusal to initiate review of the decision to impose anti-dumping duties;
   
• the general practice of Brazil regarding review and imposition of anti-dumping duties; and
   
• Brazilian anti-dumping laws and regulations, including, but not limited to, Article 58 of Decree No. 1.602 of 1995.

According to India, the provisions with which these determinations and legal provisions appear to be inconsistent include, but are not limited to Articles VI and X of GATT 1994; Articles 1, 2, 3, 5, 6 (especially 6.6, 6.7, 6.8 and Annex II, 6.9, 6.10), 11, 12, 17.6(i), 18.3, 18.4; and Article XVI of the WTO Agreement.

In addition, the determination to continue the anti-dumping duties allegedly nullifies and impairs benefits accruing to India under, or otherwise impedes the attainment of objectives of, the cited agreements.

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