DS: United States — Section 776 of the Tariff Act of 1930

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 the European Communities.

On 5 November 2004, the European Communities requested consultations with the United States concerning Section 776 of the US Tariff Act of 1930, as amended, and the determinations of dumping by the DOC and the DOC notice for the imposition of the anti-dumping duty of 125.77% with respect to Firth Rixson Special Steels Limited (FRSS) in Stainless Steel Bar from the United Kingdom.

According to the request for consultations from the EC, the US violates its WTO obligations with respect to the following measures:

  •  the Tariff Act of 1930, in particular section 776, together with any relevant statements in the Statement of Administrative Action that accompanied the adoption of the Uruguay Round Agreements Act (the “URAA”);
  • the refusal by DOC to verify the data submitted by FRSS and the rejection of such data for the determination of the margin of dumping of FRSS;
  • the decision by the DOC to employ an “adverse inference” in the selection of facts available with respect to FRSS; and
  •  the reliance by the DOC on information contained in the complaint for the establishment of the margin of dumping and anti-dumping duty of FRSS.

The EC considers that these US measures are inconsistent with, inter alia, Articles 1, 6 (including paragraphs 6, 8 and 13), 18.4 and Annex II of the ADA; Articles VI:1 and VI:2 of the GATT; and Article XVI:4 of the WTO Agreement.


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