DISPUTE SETTLEMENT: DISPUTE DS442

European Union — Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia


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Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

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The summary below was up-to-date at

Consultations

Complaint by Indonesia.

On 27 July 2012, Indonesia requested consultations with the European Union with respect to the imposition of definitive and provisional anti-dumping measures by the European Union on the importation of fatty alcohols and with respect to certain aspects of the investigation underlying these measures.

The definitive measure challenged by Indonesia was imposed pursuant to Council Implementing Regulation (EU) No 1138/2011 of 8 November 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia, OJ L 293, 11.11.2011, p.1.  The provisional measure challenged by Indonesia was imposed pursuant to Commission Regulation (EU) No 446/2011 of 10 May 2011 imposing a provisional anti-dumping duty on imports of certain fatty alcohols and their blends originating in India, Indonesia, and Malaysia, OJ L 122, 11.5.2011, p. 47.  The investigation was initiated pursuant to the Notice of initiation of an anti-dumping proceeding concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia, OJ C 219, 13.8.2010, p. 12.

Indonesia claims that the measures are inconsistent with:

  • Articles 1, 2.3, 2.4, 2.6, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 5.8, 6.7, 6.9, 9.2, 9.4, 18 of the Anti‑Dumping Agreement; and
     
  • Articles VI and X:3(a) of the GATT 1994.

On 1 May 2013, Indonesia requested the establishment of a panel. At its meeting on 24 May 2013, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 25 June 2013, the DSB established a panel. India, Korea and the United States reserved their third party rights.  Subsequently, Malaysia, Thailand and Turkey reserved their third party rights.

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