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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(as cited in request for consultations)
|Request for Consultations received:|
|Panel Report circulated:||8 June 2007|
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Summary of the dispute to date
The summary below was up-to-date at
Complaint by Guatemala.
On 17 June 2005, Guatemala requested consultations with Mexico concerning the definitive anti-dumping duties imposed by Mexico against imports of steel pipes and tubes from Guatemala and the investigation leading thereto.
According to Guatemala, the anti-dumping duties concerned and the investigation leading thereto are inconsistent with Mexico’s obligations under, inter alia,
- Article VI of the GATT 1994; and
- Articles 1, 2.1, 2.2, 2.4, 2.6, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 4.1, 5.2, 5.3, 5.4, 5.8, 5.10, 6.2, 6.4, 6.5, 6.7, 6.8, 6.9, 6.13, 9.1, 9.3, 12.1, 12.2, 18.1 and Annex II of the Anti-Dumping Agreement.
On 6 February 2006, Guatemala requested the establishment of a panel. At its meeting on 17 February 2006, the DSB deferred the establishment of a panel.
Panel and Appellate Body proceedings
At its meeting on 17 March 2006, the DSB established a panel. China, the European Communities, Honduras, Japan and the United States reserved their third-party rights. On 4 May 2006, the Panel was composed.
On 3 January 2007, the Chairman of the Panel informed the DSB that it would not be possible for the Panel to complete its work within six months of the date of composition, inter alia, due to the nature and scope of the dispute and in accordance with the timetable established after consultation with the parties. The Panel hopes to complete its work by the end of March 2007.
On 8 June 2007, the Panel report was circulated to Members. The Panel found that Mexico's initiation of the investigation, the conduct of the investigation and the imposition of a definitive anti-dumping measure on imports of black and galvanised steel pipes and tubes from Guatemala was inconsistent with the requirements of Articles 5.3, 5.8, 3.1, 3.2, 3.4 and 3.5, and paragraphs 3, 5, 6 and 7 of Annex II, of the Anti-Dumping Agreement.
Pursuant to Article 19.1 of the DSU, the Panel also suggested revoking the anti-dumping measures applied to steel pipes and tubes from Guatemala in order to implement properly the conclusions and recommendations identified in this case.
At its meeting on 24 July 2007, the DSB adopted the Panel report.
Implementation of adopted reports
On 23 August 2007, Mexico informed the DSB that it intended to implement the DSB's rulings and recommendations and that it was examining the possible ways to do so within a reasonable period of time. On 25 September 2007, Guatemala and Mexico informed the DSB that they had agreed that the reasonable period of time would be six months from the adoption of the Panel report. If possible, Mexico would endeavour to implement the DSB's rulings and recommendations within a shorter period of time.
At its DSB meeting on 14 March 2008, Mexico said that it had published in the Diario Oficial de la Federación (Official Journal) of 24 January 2008, the results of the preliminary resolution concluding the review of the countervailing duty imposed on imports of standard tubes from Guatemala, thereby eliminating the anti-dumping duties at issue. With the entry into force of the measure in question, Mexico considered that it had complied with the DSB's recommendations and rulings.
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