Dispute Settlement Body 24 April 2003

DSB adopts compliance reports on EC anti-dumping duties on bed linen from India

On 24 April 2003, the Dispute Settlement Body adopted the compliance reports by the panel and Appellate Body on India's complaint against EC anti-dumping duties on imports of cotton-type bed linen from India (DS141).

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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.

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.


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