Egypt – Definitive Anti-Dumping Measures on Steel Rebar from Turkey (WT/DS211): Report of the Panel

Summary

INTRODUCTION

Complaint of Turkey

On 6 November 2000, Turkey requested consultations with Egypt pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“the DSU”), Article XXIII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), and Article 17.3 of the Agreement on Implementation of Article VI of the GATT 1994 (“the Anti-Dumping Agreement” or “the AD Agreement”), with regard to the definitive anti-dumping measures imposed by Egypt on imports of concrete steel reinforcing bar (“rebar”) from Turkey.

On 3-5 December 2000 and 3-4 January 2001, Turkey and Egypt held the requested consultations, but failed to reach a mutually satisfactory resolution of the matter.

On 3 May 2001, Turkey requested the establishment of a panel to examine the matter.

Establishment and Composition of the Panel

At its meeting of 20 June 2001, the Dispute Settlement Body (“the DSB”) established a panel in accordance with the request made by Turkey in document WT/DS/211/2 and Corr. 1, and in accordance with Article 6 of the DSU.

At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference therefore are the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Turkey in document WT/DS211/2 and Corr.1, the matter referred to the DSB by Turkey in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

On 18 July 2001, the parties agreed to the following composition of the Panel:

Chairman: Mr. Peter Palecka

Members: Mr. Daniel Moulis

Mr. Virachai Plasai

Chile, the European Communities, Japan and the United States reserved their rights to participate in the panel proceedings as third parties.

Panel Proceedings

The Panel met with the parties on 27-28 November 2001 and 25-26 February 2002. The Panel met with third parties on 27 November 2001.

On 21 May 2002, the Panel provided its interim report to the parties (See Section VI, infra).