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Summary up-to-date at
Consultations requested — no panel established nor settlement notified
Complaint by the European Communities.
On 8
December 2003, the EC requested consultations with India concerning
certain antidumping measures on imports of 27 products originating in
the EC or EC member states.
According to the request for consultations
from the EC, India violates its WTO obligations, inter alia, in that:
- the determination of the effect of the dumped imports on prices does
not seem to be based on positive evidence and on an objective
examination;
- the Indian investigating authority did not demonstrate that dumped
imports were causing the alleged injury, and failed to examine other
known factors and ensure that injury caused by those other factors was
not attributed to dumping;
- the Indian investigating authority did not properly inform
interested parties of the relevant essential facts under consideration
which formed the basis for the decision to apply the anti-dumping
measures and in sufficient time for those parties to defend their
interests;
- the Indian investigating authority did not properly inform
interested parties of the reasons why it did not accept evidence or
information they had submitted within the investigation procedure;
- the Indian investigating authority did not satisfy itself during the
course of the investigation as to the accuracy of the information
supplied by interested parties in particular by their domestic
industry;
- the public notice of information concluding the investigation did
not contain all relevant information on the matters of fact and law
and reasons which led to the imposition of the anti-dumping measures.
The EC considers that these Indian measures
are inconsistent with: Article VI:1 of GATT 1994; Articles 1, 3.1, 3.2,
3.5, 6.6, 6.8 (including Annex II), 6.9 and 12.2 of the Anti-Dumping
Agreement.
On 19 December 2003, Turkey and Chinese Taipei
requested to join the consultations. On 22 January 2004, India accepted
both requests.
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