Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland (WT/DS122/AB/R, WT/DS122/R): Report of the Appellate Body

Summary

INTRODUCTION

Thailand appeals from certain issues of law and legal interpretations developed in the Panel Report, Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland (the “Panel Report”). The Panel was established to consider a complaint relating to an anti-dumping action taken by Thailand with respect to imports of certain iron or non-alloy steel products from Poland.

The factual background to this dispute is set out in detail in the Panel Report. On 21 June 1996, Siam Yamato Steel Co. Ltd., filed an application with Thailand's Ministry of Commerce for the imposition of anti-dumping duties on, inter alia, angles, shapes and sections of iron or non-alloy steel: H-beams (“H-beams”) originating in Poland. On 30 August 1996, the Thai investigating authorities published a notice of initiation of an anti-dumping investigation on H-beams originating in Poland, and forwarded a copy of that notice to the Polish Embassy in Bangkok, and to the two Polish firms under investigation, namely Huta Katowice and Stalexport. On 1 May 1997, the Thai authorities sent copies of the proposed final determination of dumping andin jury to the two Polish firms. On 26 May 1997, the authorities published a notice of the application of a definitive anti-dumping duty on imports of H-beams originating in Poland. On 4 June 1997, the authorities transmitted this notice, along with a notice, dated 30 May 1997, of the final determination of dumping and injury to Poland.

On 6 April 1998, Poland requested consultations with Thailand pursuant to Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti-Dumping Agreement”), and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), in respect of Thailand's imposition of final anti-dumping duties on imports of H-beams originating in Poland. As the consultations held on 29 May 1998 did not lead to a mutually satisfactory solution of the matter, on 13 October 1999, Poland requested the establishment of a panel. On 19 November 1999, the Dispute Settlement Body (the “DSB”) established a panel to consider Poland's claims.