DISPUTE SETTLEMENT

DS: Peru — Provisional Anti-Dumping Duties on Vegetable Oils from Argentina

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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Consultations

Complaint by Argentina.

On 21 October 2002, Argentina requested consultations with Peru on its anti-dumping investigation on imports of sunflower and soya vegetable oils and their mixtures originating in Argentina (Resolution No. 016-2002-CDS-INDECOPI); and its imposition of provisional anti-dumping duties on those imports as a result of the said investigation (Resolution No. 040-2002-CDS-INDECOPI). Argentina considered that both the on-going investigation and the provisional determination of the existence of dumping, injury and causal link which led to the imposition of provisional anti-dumping duties, are inconsistent with Peru’s obligations under Articles 5.2, 5.3, 5.8, 4.1(ii), 6.8 and Annex II, 2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 7, 12.2.1 of the Anti-Dumping Agreement and Article VI of the GATT 1994.

As regards the measure imposing provisional anti-dumping duties, Argentina considered that it is also inconsistent with Peru’s obligations under Articles 5.2, 5.3, 5.8, 6.8 and Annex II, 2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 7, 12.2.1 of the Anti-Dumping Agreement and Article VI of the GATT 1994.

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