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Anti-Dumping Measures on Certain Footwear from China

Key Facts
Short Title: EU – Footwear (China)
Respondent: European Union
Third Parties: Brazil; Colombia; United States; Turkey; Japan; Australia; Vietnam;
Complaintant(s): China;
Dispute Number: DS405
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds405_e.htm
Dispute Subject(s): Anti-dumping Measures;
Dispute Status: Pending

On 4 February 2010, China requested consultations with the European Union concerning EU anti‑dumping measures on certain leather footwear from China.  In particular, China is challenging as WTO-inconsistent, inter alia, the Basic EC Anti‑Dumping Regulation, which provides that, in case of imports from NME countries, the anti‑dumping duty shall be specified for the supplying country concerned and not for each individual supplier.  According to China, applicable WTO rules require that an individual margin and duty be determined and specified for each known exporter and producer and not for the supplying country as a whole.  China states that the Basic regulation provides that an individual duty will only be specified for exporters that demonstrate that they fulfill the criteria set forth in its Market Economy Treatment and Individual Treatment rules.  For China, the criteria to obtain an individual duty are unreasonable, not objective and a violation of MFN.

China considers that the measures in question are inconsistent with the European Union's obligations under Article XVI:4 of the WTO Agreement, China's Protocol of Accession, Articles I:1, VI:1 and X:3(a) of the GATT 1994; and various provisions of the Anti-Dumping Agreement.

Panel Proceedings
Brief DateBrief Description
11/23/2010U.S. Answers to the Panel’s Questions to the Third Parties
11/16/2010Executive Summary of U.S. Third-Party Oral Statement at the First Panel Meeting
11/04/2010U.S. Third-Party Oral Statement at the First Panel Meeting
10/08/2010U.S. Third-Party Submission