DS: European Union — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia — (Second complaint)

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 Russian Federation. (See also DS474)

On7 May 2015, the Russian Federation requested consultations with the European Union regarding “cost adjustment” methodologies used by the European Union for the calculation of dumping margins in anti-dumping investigations and reviews.

The Russian Federation claims that the measures are inconsistent with:

  • Articles 1, 2.1, 2.2, 2.2.1,, 2.2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 6.8, 9.2, 9.3, 11.1, 11.2, 11.3, 11.4, 17.6, 18.1 and 18.4, and Annex II, of the Anti‑Dumping Agreement;
  • Articles 10 and 32.1 of the SCM Agreement;
  • Articles I, VI:1, VI:2, VI:6 and X:3(a) of the GATT 1994; and
  • Article XVI:4 of the WTO Agreement.

On 29 May 2015, Ukraine requested to join the consultations. Subsequently, the European Union informed the DSB that it had accepted the request of Ukraine to join the consultations.

On 7 November 2016, the Russian Federation requested the establishment of a panel. At its meeting on 23 November 2016, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 16 December 2016, the DSB established a panel. Argentina, Australia, Brazil, Canada, China, India, Indonesia, Japan, Korea, Mexico, Norway, Ukraine, the United States and Viet Nam reserved their third-party rights.

Following the agreement of the parties, the panel was composed on 17 December 2018.


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