Book contents
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
10 - United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
Summary
Introduction
This arbitration on the level of countermeasures, pursuant to the Dispute Settlement Understanding (DSU) 22.6, originates from findings against the United States with respect to a provision of the 1916 Anti-Dumping Act, which permits a private cause of action for treble damages against an alleged dumping importer or producer where the dumping meets certain criteria including, notably, a predatory intention. An unusual feature of this case is that, apparently, the provision in question has never been used, at least against the European Community (EC), the complainant. In any case, the provision in question was found to be in violation of the WTO Anti-Dumping Agreement, both because it would impose measures on dumping other than and in addition to anti-dumping duties, and because in so doing, the procedural requirements of the Anti-Dumping Agreement would not be followed.
Legal issues
Article 22.4 of the WTO DSU provides that, where a Member suspends concessions in response to the failure of the losing party to implement a dispute settlement ruling where that Member was the complaining party, “The level of suspension of concessions or other obligations authorized by the DSB shall be equivalent to the level of the nullification or impairment.” The United States – Anti-Dumping Act of 1916 Arbitration addresses the meaning of equivalence between the violation of international law and the countermeasures that respond to the violation.
- Type
- Chapter
- Information
- The WTO Case Law of 2003The American Law Institute Reporters' Studies, pp. 254 - 279Publisher: Cambridge University PressPrint publication year: 2006