DISPUTE SETTLEMENT

DS Australia — Anti-Dumping Measures on A4 Copy Paper

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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Current status

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Indonesia

On 1 September 2017, Indonesia requested consultations with Australia with respect to measures relating to the imposition of an anti-dumping order on A4 copy paper and the investigation and determination leading thereto.

Indonesia claimed that the measures appear to be inconsistent with:

  • Articles 2.2, 2.2.1.1 and 2.4 of the Anti-Dumping Agreement. 

On 15 September 2017, China and the United States requested to join the consultations. On 25 September 2017, the European Union requested to join the consultations. Subsequently, Australia informed the DSB that it had accepted the requests of China, the European Union and the United States to join the consultations.

 

Panel and Appellate Body proceedings

On 14 March 2018, Indonesia requested the establishment of a panel. At its meeting on 27 March 2018, the DSB deferred the establishment of a panel.

At its meeting on 27 April 2018, the DSB established a panel. Canada, China, Egypt, the European Union, India, Israel, Japan, Korea, the Russian Federation, Singapore, Thailand, Ukraine, the United States and Viet Nam reserved their third-party rights.

Following agreement of the parties, the panel was composed on 12 July 2018.

On 12 October 2018, further to paragraph 1(3) of the panel's Working Procedures, the Chair of the panel requested the DSB in separate communications to circulate to Members: (i) a partial timetable, (ii) the panel's Working Procedures, and (iii) the additional Working Procedures of the panel concerning business confidential information, all adopted by the panel on 5 October 2018. On the same date, through a separate communication, the Chair of the panel informed the DSB that the beginning of the panel's work had been delayed due to a lack of personnel in the Secretariat available to staff disputes. In its communication, the Chair of the panel informed the DSB that the panel would proceed in accordance with the partial timetable adopted on 5 October, and that it expected to issue its final report to the parties in the second half of 2019.

On 30 November 2018, the Chair of the panel requested the DSB to circulate the panel's preliminary ruling concerning the request for enhanced third party rights submitted by Australia, China and the Russian Federation. The preliminary ruling that was issued to the parties on 29 November 2018 was circulated to Members pursuant to paragraph 1(3) of the panel's working procedures.

On 26 February 2019, the Chair of the panel requested the DSB to circulate a communication indicating changes to the dates of the second meeting, as well as subsequent changes to the timetable. In its communication, the Chair apprised the DSB that the panel expected to issue its final report to the parties in the second half of 2019.

On 13 May 2019 the Chair of the Panel requested the DSB to circulate a communication containing a decision from the panel, dated 24 April 2019, declining the European Union's request, submitted on 19 December 2018, at the third-party session and in writing on 11 January 2019, for third parties to observe the second substantive meeting of the panel.

On 22 July 2019, the Chair of the panel requested the DSB to circulate a communication indicating changes to the timetable.

 

 

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