United States-Anti-Dumping and Countervailing Measures on Steel Plate from India (WT/DS206) Report of the Panel

Summary

INTRODUCTION

On 4 October 2000 India requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes(DSU), Article XXII of the General Agreement on Tariffs and Trade, 1994 (GATT 1994) and Article 17 of the Agreement on Implementation of Article VI of the GATT 1994 (AD Agreement) concerning, inter alia, the United States anti-dumping investigation on cut to length carbon quality steel plate. The United States and India consulted on 21 November 2000, but failed to settle the dispute.

On 7 June 2001, India requested the Dispute Settlement Body (DSB) to establish a panel pursuant to Article XXIII:2 of the GATT 1994, Article s 4 and 6 of the DSU and Article 17 of the AD Agreement.

At its meeting on 24 July 2001, the DSB established a panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by India in document WT/DS206/2. At that meeting, the parties to the dispute also agreed that the panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered Agreements cited by India in documents WT/DS206/2, the matter referred by India to the DSB 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 16 October 2001, India requested the Director-General to determine the composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU. On 26 October 2001, the Director-General composed the Panel as follows:

Chairman: H.E. Mr. Tim Groser

Members: Ms. Salmiah Ramli

Ms. Luz Elena Reyes de la Torre

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

The Panel met with the parties on 23-24 January 2002 and on 26 February 2002. It met with the third parties on 24 January 2002.

The Panel submitted its interim report to the parties on 3 May 2002.