DS: United States — Countervailing Duties on Steel Plate from Mexico

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 Mexico.

On 21 January 2003, Mexico requested consultations with the US regarding the final determination in an administrative review of countervailing duties imposed by the US authorities on imports of carbon steel plates in sheets from Mexico (C-201-810) as well as the basis on which they reached this determination and led to the imposition of countervailing duties on imports of the said products.

Mexico claims that the administrative review that led to the imposition of countervailing duties of 11.6% ad valorem by using the ôsame personö methodology is incompatible with Articles 10, 14, 19 and 21 of the SCM Agreement. In particular, Mexico claims that the US Department of Commerce did not make a determination of the existence of a benefit as required in Article 1.1(b) of the SCM Agreement.

On 4 August 2003, Mexico requested the establishment of a panel. At its meeting on 18 August 2003, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

Further to a second request to establish a panel by Mexico, the DSB established a panel at its meeting on 29 August 2003. China, the EC and Chinese Taipei reserved their third-party rights. On 5 September 2003, Canada reserved its third-party rights.


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