China - Measures Imposing Anti-Dumping Duties On High-Performance Stainless Steel Seamless Tubes From Japan: China - Measures Imposing Anti-Dumping Duties On High-Performance Stainless Steel Seamless Tubes From The European Union: Reports of the Appellate Body

Summary

INTRODUCTION

Japan and China each appeals certain issues of law and legal interpretations developed in the Panel Report, China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (“HP-SSST”) from Japan, WT/DS454/R (Japan Panel Report); and China and the European Union each appeals certain issues of law and legal interpretations developed in the Panel Report, China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (“HP-SSST”) from the European Union, WT/DS460/R (EU Panel Report).

On 24 May 2013 and 30 August 2013, respectively, two panels were established to consider complaints by Japan and the European Union (the complainants) with respect to China's measures imposing anti-dumping duties on imports of certain high-performance stainless steel seamless tubes (HP-SSST) from Japan and the European Union.

On 27 September 2013, after consultation with the parties, the Panel adopted additional working procedures concerning business confidential information (BCI Procedures). Following a request for a preliminary ruling by the European Union, the Panel introduced modifications to the BCI Procedures on 22 May 2014.

China's measures at issue in these disputes are set forth in the Preliminary Determination and the Final Determination of the Ministry of Commerce of the People's Republic of China (MOFCOM), including any annexes and amendments thereto. MOFCOM identified the scope of the products under investigation as imports of certain HP-SSST from the European Union and Japan. HP-SSST is mainly used in the manufacture of pressurized components such as superheaters and reheaters of supercritical and ultra-supercritical boilers. MOFCOM found that there are three main types or grades of HPSSST, which the Panel referred to as Grade A, Grade B, and Grade C, respectively.