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Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (“HP-SSST”)

Key Facts
Short Title: China HP-SSST
Respondent: China
Third Parties: United States; Russia; Saudi Arabia; Turkey; Korea; India;
Complaintant(s): European Union; Japan;
Dispute Number: DS454/SD460
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds454_e.htm
Dispute Subject(s): Anti-dumping Measures;
Dispute Status: Pending

Complaint by Japan

Consultations

On December 20, 2012, Japan requested consultations with China concerning measures imposing anti-dumping duties on high-performance stainless steel seamless tubes (“HP-SSST”) from Japan, as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2012] and Notice No. 72 [2012], including any and all annexes and any amendments thereof.

Japan claims that the measures are inconsistent with:

  • Articles 1, 3.1, 3.2, 3.4, 3.5, 5.3, 5.8, 6.5, 6.5.1, 6.8, 6.9, 7.4, 12.2 and 12.2.2 of the Anti‑Dumping Agreement; and
  • Article VI of the GATT 1994.

On January 15, 2013, the European Union requested to join the consultations. Subsequently, China informed the DSB that it had accepted the request of the European Union to join the consultations. On April 11, 2013, Japan requested the establishment of a panel. At its meeting on April 24, 2013, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on May 24, 2013, the DSB established a panel. The European Union, India, Korea, the Russian Federation, and the United States reserved their third party rights. Subsequently, Saudi Arabia and Turkey reserved their third party rights. On July 17, 2013, Japan requested the Director‑General to compose the panel. On July 29, 2013, the Director-General composed the panel.

Complaint by the European Union

Consultations

On June 13, 2013, the European Union requested consultations with China concerning measures imposing anti-dumping duties on certain high-performance stainless steel seamless tubes (“HP-SSST”) from the European Union, as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2012] and Notice No. 72 [2012], including any and all annexes and any amendments thereof.

The European Union claims that the measures are inconsistent with:

  • Articles 1, 2.2, 2.4, 2.4.2, 3.1, 3.2, 3.4, 3.5, 6.4, 6.5, 6.5.1, 6.7, 6.8, 6.9, 7.4, 12.2 and 12.2.2 of the Anti‑Dumping Agreement; and
  • Article VI of the GATT 1994.

On June 27, 2013, Japan requested to join the consultations. Subsequently, China informed the DSB that it had accepted the request of Japan to join the consultations. On August 16, 2013, the European Union requested the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on August 30, 2013, the DSB established a panel. India, Japan, Korea, Turkey and the United States reserved their third party rights. Subsequently, Russia and Saudi Arabia reserved their third party rights. Following the agreement of the parties, the panel was composed on September 11, 2013.”

 

Panel Proceedings
Brief DateBrief Description
03/21/2014Third Party Integrated Executive Summary of the United States
03/14/2014Responses of the United States to the Panel’s Questions to the Third Parties
02/26/2014Third Party Oral Statement of the United States
11/22/2013Third Party Submission of the United States