DISPUTE SETTLEMENT

DS: European Union — Countervailing and Anti-Dumping Duties on Stainless Steel Cold-Rolled Flat Products from Indonesia

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Indonesia

On 24 January 2023, Indonesia requested consultations with the European Union with respect to countervailing and anti-dumping measures imposed by the European Union on imports of stainless steel cold-rolled flat products from Indonesia.

Indonesia claimed that the countervailing measures at issue appear to be inconsistent with:

  • Articles 1.1, 1.1(a)(1), 1.1(a)(1)(ii),footnote 1, 1.1(a)(1)(iv), 1.1(b), 1.2, 2.1, 2.2, 2.3, 2.4, 3.1(a), 10, 12, 12.1, 12.7, 12.8, 14, 19, 19.3, 22.3 and 32.1 of the SCM Agreement;
     
  • Article 9.2 of the Anti-Dumping Agreement;
     
  • Articles II:1(b), VI:3, VI:4 and VI:5 of the GATT 1994; and
     
  • Article 23.1 of the DSU.

Indonesia claimed that the anti-dumping measures at issue appear to be inconsistent with:

  • Articles 1, 2.1, 2.4, 6.1, 6.6, 9.1, 9.2, 9.3, 11.1, 17.6(i) and 18.1 of the Anti-Dumping Agreement;
     
  • Article 19.3 of the SCM Agreement; and
     
  • Articles VI:1, VI:2 and VI:5 of the GATT 1994.

 

Panel and Appellate Body proceedings

On 17 April 2023, Indonesia requested the establishment of a panel. At its meeting on 28 April 2023, the DSB deferred the establishment of a panel.

At its meeting on 30 May 2023, the DSB established a panel. Argentina, Australia, Brazil, Canada, China, Egypt, India, Japan, Korea, the Russian Federation, Singapore, Chinese Taipei, Thailand, Türkiye, Ukraine, the United Kingdom, and the United States reserved their third-party rights.

Following the agreement of the parties, the panel was composed on 13 September 2023.

On 8 March 2024, the Chair of the panel informed the DSB that, due to constraints pertaining to the availability of a member of the panel as well as the scheduling of the 13th Ministerial Conference in February 2024, it was not possible to schedule the first substantive meeting with the parties before April 2024, and that the panel had received particularly voluminous submissions from the parties on a range of issues. As a result, the panel did not expect to issue its final report to the parties before the end of 2024. The Chair apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

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