DS: Argentina — Definitive Anti-Dumping Duties on Poultry from Brazil

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

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Complaint by Brazil.

On 7 November 2001, Brazil requested consultations with Argentina in respect of the definitive anti-dumping duties imposed by Argentina on imports of poultry from Brazil, classified under Mercosur tariff line 0207.11.00 and 0207.12.00. These measures were adopted by the Ministry of Economy of Argentina in Resolution 574 from 21 July 2000, published in the Argentinean Official Gazette on 24 July 2000. Brazil considered that the definitive anti-dumping duties imposed, as well as the investigation conducted by the Argentinean Authorities might have been flawed and based on erroneous or deficient procedures, inconsistent with Argentina’s obligations under Articles 1, 2, 3, 4, 5, 6, 9, 12 and Annex II of the Anti-Dumping Agreement, Article VI of the GATT 1994, and Articles 1 and 7 of the Customs Valuation Agreement.

On 19 November 2001, the EC requested to join the consultations. On 25 February 2002, Brazil requested the establishment of a panel. At its meeting on 8 March 2002, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At the DSB meeting on 17 April 2002, the panel was established. Argentina noted that notwithstanding the establishment of the panel at the present meeting, it was still hopeful that a mutually satisfactory solution to the dispute could be found. Canada, Chile, the EC, Guatemala, Paraguay and the US reserved their third-party rights.

On 17 June 2002, Brazil requested the Director-General to compose the panel. On 27 June 2002, the panel was composed.

On 18 December 2002, the Chair of the Panel informed the DSB that it would not be possible to complete its work in six months due to the schedule agreed with the parties and that the Panel expected to complete its work by the beginning of April 2003.

On 22 April 2003, the Panel circulated its Report to the Members. The Panel found that Argentina had acted inconsistently with its obligations under Articles 2.4, 2.4.2, 3.1, 3.2, 3.3, 3.4, 3.5, 5.1, 5.8, 6.1.1, 6.1.3, 6.8 and Annex II, 6.10 and 12.1 of the Anti-Dumping Agreement. The Panel also concluded that Argentina had not acted inconsistently with a number of Articles from the same Agreement and declined to rule on a number of claims for judicial economy reasons.

At its meeting on 19 May 2003, the DSB adopted the Panel Report.


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