Short Title | Full Case Title and Citation |
Argentina – Hides and Leather (Article 21.3(c)) | Award of the Arbitrator, Argentina – Measures Affecting the Export of Bovine Hides and Import of Finished Leather – Arbitration under Article 21.3(c) of the DSU, WT/DS155/10, 31 August 2001, DSR 2001:XII, 6013 |
Brazil – Retreaded Tyres (Article 21.3(c)) | Award of the Arbitrator, Brazil – Measures Affecting Imports of Retreaded Tyres – Arbitration under Article 21.3(c) of the DSU, WT/DS332/16, 29 August 2008, DSR 2008:XX, 8581 |
Canada – Pharmaceutical Patents (Article 21.3(c)) | Award of the Arbitrator, Canada – Patent Protection of Pharmaceutical Products – Arbitration under Article 21.3(c) of the DSU, WT/DS114/13, 18 August 2000, DSR 2002:I, 3 |
Chile – Alcoholic Beverages (Article 21.3(c)) | Award of the Arbitrator, Chile – Taxes on Alcoholic Beverages – Arbitration under Article 21.3(c) of the DSU, WT/DS87/15, WT/DS110/14, 23 May 2000, DSR 2000:V, 2583 |
Chile – Price Band System (Article 21.3(c)) | Award of the Arbitrator, Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products – Arbitration under Article 21.3(c) of the DSU, WT/DS207/13, 17 March 2003, DSR 2003:III, 1237 |
China – Auto Parts | Appellate Body Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/AB/R / WT/DS340/AB/R / WT/DS342/AB/R, adopted 12 January 2009, DSR 2009:I, p. 3 |
China – Auto Parts | Panel Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/R / WT/DS340/R / WT/DS342/R / and Add.1 and Add.2, adopted 12 January 2009, upheld (WT/DS339/R) and as modified (WT/DS340/R / WT/DS342/R) by Appellate Body Reports WT/DS339/AB/R / WT/DS340/AB/R / WT/DS342/AB/R, DSR 2009:I, 119-DSR 2009:II, p. 625 |
China – GOES | Appellate Body Report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat–Rolled Electrical Steel from the United States, WT/DS414/AB/R, adopted 16 November 2012 |
China – GOES | Panel Report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat–Rolled Electrical Steel from the United States, WT/DS414/R, adopted 16 November 2012, upheld by Appellate Body Report WT/DS414/AB/R |
China – Intellectual Property Rights | Panel Report, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009, DSR 2009:V, 2097 |
China – Publications and Audiovisual Products | Appellate Body Report, China –Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R, adopted 19 January 2010, DSR 2010:I, 3 |
China – Publications and Audiovisual Products | Panel Report, China –Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/R and Corr.1, adopted 19 January 2010, as modified by Appellate Body Report WT/DS363/AB/R, DSR 2010:II, 261 |
China – Raw Materials | Appellate Body Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R, adopted 22 February 2012 |
China – Raw Materials | Panel Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/R / WT/DS395/R / WT/DS398/R / and Corr.1, adopted 22 February 2012, as modified by Appellate Body Reports WT/DS394/AB/R / WT/DS395/AB/R / WT/DS398/AB/R |
Colombia – Ports of Entry (Article 21.3(c)) | Award of the Arbitrator, Colombia – Indicative Prices and Restrictions on Ports of Entry – Arbitration under Article 21.3(c) of the DSU, WT/DS366/13, 2 October 2009, DSR 2009:IX, 3819 |
EC – Chicken Cuts (Article 21.3(c)) | Award of the Arbitrator, European Communities – Customs Classification of Frozen Boneless Chicken Cuts – Arbitration under Article 21.3(c) of the DSU, WT/DS269/13, WT/DS286/15, 20 February 2006 |
EC – Export Subsidies on Sugar (Article 21.3(c)) | Award of the Arbitrator, European Communities – Export Subsidies on Sugar – Arbitration under Article 21.3(c) of the DSU, WT/DS265/33, WT/DS266/33, WT/DS283/14, 28 October 2005, DSR 2005:XXIII, p. 11581 |
EC – Hormones (Article 21.3(c)) | Award of the Arbitrator, EC Measures Concerning Meat and Meat Products (Hormones) – Arbitration under Article 21.3(c) of the DSU, WT/DS26/15, WT/DS48/13, 29 May 1998, DSR 1998:V, p. 1833 |
EC – Tariff Preferences (Article 21.3(c)) | Award of the Arbitrator, European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries– Arbitration under Article 21.3(c) of the DSU, WT/DS246/14, 20 September 2004, DSR 2004:IX, p. 4313 |
Japan – DRAMs (Korea) (Article 21.3(c)) | Award of the Arbitrator, Japan – Countervailing Duties on Dynamic Random Access Memories from Korea – Arbitration under Article 21.3(c) of the DSU, WT/DS336/16, 5 May 2008, DSR 2008:XX, 8553 |
Korea – Alcoholic Beverages (Article 21.3(c)) | Award of the Arbitrator, Korea – Taxes on Alcoholic Beverages – Arbitration under Article 21.3(c) of the DSU, WT/DS75/16, WT/DS84/14, 4 June 1999, DSR 1999:II, 937 |
US – 1916 Act (Article 21.3(c)) | Award of the Arbitrator, United States – Anti‑Dumping Act of 1916 – Arbitration under Article 21.3(c) of the DSU, WT/DS136/11, WT/DS162/14, 28 February 2001, DSR 2001:V, p. 2017 |
US – COOL (Article 21.3(c)) | Award of the Arbitrator, United States – Certain Country of Origin Labelling (COOL) Requirements– Arbitration under Article 21.3(c) of the DSU, WT/DS384/24, WT/DS386/23, 4 December 2012 |
US – Gambling (Article 21.3(c)) | Award of the Arbitrator, United States – Measures Affecting the Cross‑Border Supply of Gambling and Betting Services – Arbitration under Article 21.3(c) of the DSU, WT/DS285/13, 19 August 2005, DSR 2005:XXIII, p. 11639 |
US – Hot–Rolled Steel (Article 21.3(c)) | Award of the Arbitrator, United States – Anti-Dumping Measures on Certain Hot–Rolled Steel Products from Japan – Arbitration under Article 21.3(c) of the DSU, WT/DS184/13, 19 February 2002, DSR 2002:IV, 1389 |
US – Hot‑Rolled Steel | Appellate Body Report, United States – Anti‑Dumping Measures on Certain Hot‑Rolled Steel Products from Japan, WT/DS184/AB/R, adopted 23 August 2001, DSR 2001:X, p. 4697 |
US – Section 110(5) Copyright Act (Article 21.3(c)) | Award of the Arbitrator, United States – Section 110(5) of the US Copyright Act – Arbitration under Article 21.3(c) of the DSU, WT/DS160/12, 15 January 2001, DSR 2001:II, p. 657 |
US – Stainless Steel (Mexico) (Article 21.3(c)) | Award of the Arbitrator, United States – Final Anti‑Dumping Measures on Stainless Steel from Mexico – Arbitration under Article 21.3(c) of the DSU, WT/DS344/15, 31 October 2008, DSR 2008:XX, 8619 |
US – Offset Act (Byrd Amendment) (Article 21.3(c)) | Award of the Arbitrator, United States – Continued Dumping and Subsidy Offset Act of 2000 – Arbitration under Article 21.3(c) of the DSU, WT/DS217/14, WT/DS234/22, 13 June 2003, DSR 2003:III, 1163 |
US – Oil Country Tubular Goods Sunset Reviews (Article 21.3(c)) | Award of the Arbitrator, United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina – Arbitration under Article 21.3(c) of the DSU, WT/DS268/12, 7 June 2005, DSR 2005:XXIII, 11619 |
Abbreviation | Description |
Administrative Reconsideration Law | Law of the People's Republic of China on Administrative Reconsideration, adopted at the 9th Meeting of the Standing Committee of the 9th National People's Congress on 29 April 1999 and promulgated by Order No. 16 of the President of the People's Republic of China on 29 April 1999 (English translation provided in Exhibit USA-6 and available at: [http://www.npc.gov.cn/englishnpc/ Law/2007-12/11/content_1383562.htm]) |
AD Regulations | Regulations of the People's Republic of China on Anti-Dumping, promulgated by Decree No. 328 of the State Council on 26 November 2001, and revised in accordance with the Decision of the State Council on Amending the Regulations on Anti-Dumping promulgated on 31 March 2004 (see WTO document G/ADP/N/1/CHN/2/Suppl.3 (Exhibit USA-8)) |
Anti-Dumping Agreement | Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 |
Appellate Body Report | Appellate Body Report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States, WT/DS414/AB/R, adopted 16 November 2012 |
BOFT | MOFCOM's Bureau of Fair Trade for Imports and Exports |
CVD Regulations | Regulations of the People's Republic of China on Countervailing Measures, promulgated by Decree No. 329 of the State Council on 26 November 2001, and revised in accordance with the Decision of the State Council on Amending the Regulations on Countervailing Measures promulgated on 31 March 2004 (see WTO document G/SCM/N/1/CHN/1/Suppl.3 (Exhibit USA-3)) |
DSB | Dispute Settlement Body |
DSU | Understanding on Rules and Procedures Governing the Settlement of Disputes |
DTL | MOFCOM's Department of Treaty and Law |
IBII | MOFCOM's Investigation Bureau for Industry Injury |
Foreign Trade Law | Foreign Trade Law of the People's Republic of China, adopted as amended at the 8th Session of the Standing Committee of the 10th National People's Congress on 6 April 2004 (see WTO document G/ADP/N/1/CHN/2/Suppl.4) |
GATT 1994 | General Agreement on Tariffs and Trade 1994 |
GOES | grain oriented flat-rolled electrical steel |
MOFCOM | Ministry of Commerce of the People's Republic of China |
Panel Report | Panel Report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States, WT/DS414/R, adopted 16 November 2012, upheld by Appellate Body Report WT/DS414/AB/R |
Regulations on Rules | Regulations of the People's Republic of China on Procedures for the Formulation of Rules, promulgated by Decree No. 322 of the State Council on 16 November 2001, and effective as of 1 January 2002 (English translation provided in Exhibit CHN-4) |
SCM Agreement | Agreement on Subsidies and Countervailing Measures |
Tariff Commission | Customs Tariff Commission of the State Council of the People's Republic of China |
WTO | World Trade Organization |
WTO Agreement | Marrakesh Agreement Establishing the World Trade Organization |
(a) Article 11.3 of the SCM Agreement, on the basis that MOFCOM initiated countervailing duty investigations into each of the 11 programmes challenged before the Panel by the United States, without sufficient evidence to justify this;
(b) Articles 12.4.1 of the SCM Agreement and 6.5.1 of the Anti-Dumping Agreement, on the basis that MOFCOM did not require the applicants to furnish non-confidential summaries in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence;
(c) Article 12.7 of the SCM Agreement in connection with MOFCOM's use of a 100% utilization rate in calculating the subsidy rates for the two known respondents under certain procurement programmes;
(d) Articles 6.8, 6.9, 12.2, 12.2.2 and paragraph 1 of Annex II of the Anti-Dumping Agreement, in connection with the resort to facts available to calculate the "all others" dumping margin for unknown exporters and due to deficiencies in the related essential facts disclosure and public notice and explanation;
(e) Articles 12.7, 12.8, 22.3 and 22.5 of the SCM Agreement, in connection with the resort to facts available to calculate the "all others" subsidy rate for unknown exporters and due to deficiencies in the related essential facts disclosure and public notice and explanation;
(f) Articles 15.1, 15.2, 12.8 and 22.5 of the SCM Agreement and 3.1, 3.2, 6.9 and 12.2.2 of the Anti-Dumping Agreement, in connection with MOFCOM's findings regarding the price effects of subject imports and due to deficiencies in the related essential facts disclosure and public notice and explanation;
(g) Articles 15.1, 15.5, 12.8 and 22.5 of the SCM Agreement and 3.1, 3.5, 6.9 and 12.2.2 of the Anti-Dumping Agreement, in connection with MOFCOM's finding that subject imports caused material injury to the domestic industry and due to deficiencies in the related essential facts disclosure and public notice and explanation; and
(h) Article 10 of the SCM Agreement and Article 1 of the Anti-Dumping Agreement, as a consequence of the foregoing violations of these Agreements.126
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