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Article by · 2011/11/24 ·

EU Practice After DS397: Old Wine In An Old Bottle?

November 2011
Trade & Customs

Konstantinos Adamantopoulos and Folkert Graafsma from Holman Fenwick Willan LLP explain the possible effects of recent EU anti-dumping procedures against suppliers from non-market economies.

On 15 July 2011 the Appellate Body Report concerning European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397/AB/R) was circulated, and adopted shortly after. The following comments deal with the inconsistencies that were found with respect to Article 9(5) of the basic EU anti-dumping Regulation. Because of the systemic nature of the violations it seems that the EU will have to make rectifications with respect to the specific measure in question (the anti-dumping duties on fasteners), […]

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