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

Extract

This arbitration on the level of countermeasures, pursuant to 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, notably including a predatory intention. An unusual feature of this case is that, apparently, the provision in question had not yet been used against the 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.