Report of the Appellate Body

Summary

INTRODUCTION

1. The European Union and China each appeals certain issues of law and legal interpretations developed in the Panel Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (the "Panel Report"). The Panel was established on 23 October 2009 to consider a complaint by China concerning the consistency "as such" of Article 9(5) of Council Regulation (EC) No. 384/96 of 22 December 1995, as amended, on protection against dumped imports from countries not members of the European Community with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"), the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and the Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement"), and the consistency of this measure, "as applied" in the fasteners investigation, with the Anti-Dumping Agreement; and the consistency of Council Regulation (EC) No. 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (the "Definitive Regulation") with the Anti-Dumping Agreement. Council Regulation (EC) No. 384/96 was subsequently repealed and replaced by Council Regulation (EC) No. 1225/2009 of 30 November 2009, and China's submissions to the Panel addressed Council Regulation (EC) No. 1225/2009 (the "Basic AD Regulation").