European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China - Recourse to Article 21.5 of the DSU by China (WT/DS397): Report of the Panel

Summary

INTRODUCTION

Complaint by China

On 30 October 2013, China requested consultations with the European Union (EU) pursuant to Articles 21.5 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (AD Agreement) and paragraph 1 of the Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding between China and the European Union with respect to the issues identified below.

Consultations were held on 27 November 2013, but did not settle the dispute.

Panel Establishment and Composition

On 5 December 2013, China requested the establishment of a panel pursuant to Articles 6 and 21.5 of the DSU, Article XXIII of the GATT 1994, Article 17 of the AD Agreement and paragraph 1 of the Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding between China and the European Union with standard terms of reference. At its meeting on 18 December 2013, the Dispute Settlement Body (DSB) referred this dispute, if possible, to the original panel in accordance with Article 21.5 of the DSU to examine the matter referred to the DSB by China in document WT/DS397/18.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by China in document WT/DS397/18 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 March 2014, China requested the Director-General to determine the composition of the Panel pursuant to paragraph 7 of Article 8 of the DSU.