[WTO Case Review Series No. 8] European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397): Dispute over the method of imposing anti-dumping duties on non-market economies (Japanese)
One of the most important issues addressed in this case was whether it is World Trade Organization (WTO)-consistent to determine the anti-dumping (AD) duty rate not on an individual-exporter basis but on a country-wide basis when imposing AD measures on exporters from non-market economies (NMEs). The European Union (EU) tried to justify the imposition of a country-wide duty on the grounds that, given the connectedness between the government authorities and private companies in NMEs, the state would be able to circumvent individual AD duties imposed on suppliers by channeling exports through the exporter with the lowest duty rate. The panel and Appellate Body, however, found that the AD Agreement requires Member states to calculate AD duties on an individual-exporter basis, which is not compliable with the EU's practice. The Appellate Body, however, recognized there may be circumstances where nominally distinct exporters may be grouped in a single entity when calculating dumping margins because of structural and commercial relationships or due to control or material influence by the state. In order to do so, the investigating authorities are required to demonstrate, not simply presume as the EU did, that this type of relationship or control exists. The proper method for demonstration, which remains unclear in this ruling, could be a controversial topic among countries.
|Date of creation:||Sep 2013|
|Contact details of provider:|| Postal: 11th floor, Annex, Ministry of Economy, Trade and Industry (METI) 1-3-1, Kasumigaseki Chiyoda-ku, Tokyo, 100-8901|
Web page: http://www.rieti.go.jp/
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:eti:rpdpjp:13017. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (NUKATANI Sorahiko)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.