Mexico – Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala (WT/DS331): Report of the Panel

Summary

INTRODUCTION

Complaint of Guatemala

On 17 June 2005, Guatemala requested consultations with Mexico pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”) and Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the “Anti-Dumping Agreement”) regarding the definitive anti-dumping measures imposed by Mexico on imports of certain steel pipes and tubes from Guatemala and the investigation leading thereto. Guatemala and Mexico held consultations on 15 July, 26 August, and 28 September 2005. These consultations failed to resolve the dispute.

On 6 February 2006, Guatemala requested the establishment of a panel pursuant to Article 6.2 of the DSU and Article 17.4 of the Anti-Dumping Agreement.

Establishment and composition of the Panel

At its meeting on 17 March 2006, the Dispute Settlement Body established a Panel pursuant to the request by Guatemala in document WT/DS331/2, in accordance with Article 6 of the Dispute Settlement Understanding (DSU). 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 Guatemala in document WT/DS331/2, the matter referred to the DSB by Guatemala 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 4 May 2006, the parties agreed to the following composition of the Panel:

Chairman: Mr Julio Lacarte-Muró

Members: Mr Cristian Espinosa Cañizares

Mr Álvaro Espinoza

China, the European Communities, Honduras, Japan, and the United States reserved their third-party rights.

The Panel met with the parties on 12-14 September 2006 and 7-9 November 2006. It met with the third parties on 12 September 2006.