Report of the Panel

Summary

INTRODUCTION

Complaint of Norway

1.1 At issue in this dispute is Council Regulation (EC) No. 85/2006 of 17 January 2006 (“Definitive Regulation”) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway. Norway challenges the WTO-consistency of several aspects of this Regulation, in particular: (i) the identification of the product under consideration; (ii) the definition of the domestic industry; (iii) the calculation of the margin of dumping (including certain adjustments made to the cost of production when calculating constructed normal value); (iv) the findings of injury and causation; (v) the remedies imposed on dumped imports; and (vi) certain procedural aspects of the investigation.

1.2 On 17 March 2006, Norway requested consultations with the European Communities (“EC”) with respect to the Definitive Regulation. On 27 March 2006, Norway submitted an addendum to its request for consultations. Consultations were held on 12 May 2006, but failed to resolve the dispute.

1.3 Norway requested the establishment of this Panel on 29 May 2006.

1.4 At its meeting on 22 June 2006, the Dispute Settlement Body established a Panel pursuant to the request by Norway in document WT/DS337/2, in accordance with Article 6 of the Dispute Settlement Understanding (DSU).

1.5 At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference.