Argentina - Definitive Anti-Dumping Duties on Poultry from Brazil (WT/DS241): Report of the Panel

Summary

INTRODUCTION

On 7 November 2001, Brazil requested consultations with Argentina pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “AD Agreement”), including Article 17.4 thereof, and Article 19 of the Agreement on Implementation of Article VII of GATT 1994 (the “Agreement on Customs Valuation”) concerning the Argentine anti-dumping measures imposed in respect of imports of poultry from Brazil. Argentina and Brazil held consultations on 10 December 2001, but failed to settle the dispute.

On 19 November 2001, the European Communities requested, pursuant to Article 4.11 of the DSU, to be joined in the consultations.

On 25 February 2002, Brazil requested the establishment of a panel pursuant to Article XXII of the GATT 1994, Article 17 of the AD Agreement and Article 6 of the DSU.

At its meeting on 17 April 2002, the Dispute Settlement Body (the “DSB”) established this Panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by Brazil in document WT/DS241/3. 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 Brazil in document WT/DS241/3, the matter referred by Brazil 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 17 June 2002, Brazil requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.