On 3rd December the World Trade Organisation published its panel report on the dispute between China and the EU over regulation 91/2009 regulation imposing anti-dumping measures on carbon steel fasteners imported from China.
The report is being interpreted as a major legal victory for China and, according to one news report, has been described by the European Commission as a “significant setback”. The 256 page report from the three man panel chaired by Luiz O. Baptista, recommended that “The Dispute Settlement Body request the European Union to bring its measure into conformity with its obligations”. The panel, however, declined a request from China that it should suggest that the measure should be withdrawn.
The report, a full copy of which can be downloaded from www.wto.org, concludes that Article 9 (5) of the European Union’s basic Anti Dumping Regulation is inconsistent with Articles 6.10 and 9.2 of the WTO Anti Dumping Agreement. The panel also found “ that the European Union has acted inconsistently with Article XVI:4 of the WTO Agreement and Article 18.4 of the AD Agreement by failing to ensure the conformity of its laws, regulations and administrative procedures with its obligations under the relevant Agreements”. These conclusions appear to fundamentally undermine the basis on which the Commission has calculated and applied anti-dumping tariffs to exporting companies in countries, like China, currently defined as non market economies….
Source : Fastener + Fixing – Read the full Article here via WTO releases panel report on China AD regulation.