DISPUTE SETTLEMENT

DS: European Communities — Expiry Reviews of Anti-dumping and Countervailing Duties Imposed on Imports of PET from India

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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Key facts

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(as cited in request for consultations)
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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by India. 

On 4 December 2008, India requested consultations with the European Communities.

India considers that (a) Article 11(2) of the EC's Basic Anti-Dumping Regulation read together with Regulation 1182/71 and (b) Article 18(1) of the EC's Basic CVD Regulation read together with Regulation 1182/71, are inconsistent as such with the European Communities' obligations under Article 11.3 of the Anti-Dumping Agreement and Article 21.3 of the SCM Agreement, respectively, to the extent that these provisions of the EC's regulations do not require the termination of definitive anti-dumping or countervailing duties, as the case may be, on a date not later than five years from the imposition of such duties and permit the initiation of an expiry review on or after that date. India also considers that these provisions of the EC's regulations are also inconsistent as such with the European Communities' obligations under Article 18.4 of the Anti-Dumping Agreement, Article 32.5 of the SCM Agreement and Article XVI:4 of the WTO Agreement.

Further, the Government of India considers that certain measures imposing definitive anti-dumping and countervailing duties on PET from India following expiry reviews are inconsistent with the European Communities' obligations under Article VI of the GATT 1994, Articles 11.1, 11.3, 11.4, 11.5, 6.1, 6.2, 6.5, 6.6, 6.8 and Annex II of the Anti-Dumping Agreement and with the European Communities' obligations under Articles 21.3, 21.4, 12.1, 12.4, 12.5 and 12.7 of the SCM Agreement, respectively.

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