Book contents
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
- References
5 - European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A Note on the American Law Institute
- American Law Institute Reporters
- 1 Introduction
- 2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
- 3 United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
- 4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
- 5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
- 6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
- 7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
- 8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
- 9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
- 10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
- 11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
- Index
- References
Summary
Introduction
This chapter addresses the Appellate Body (AB) report on European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil. The underlying Panel determination was appealed by the complainant Brazil only. Following the approach it took before the Panel, Brazil raised a number of issues concerning the antidumping investigation by the European Community (EC). The five substantive issues were:
Whether the Panel correctly found that the EC acted consistently with its obligations under the Antidumping (AD) Agreement when not accounting for the devaluation of the Brazilian currency (see Section 2 of this chapter);
whether the Panel correctly found that the EC treated “low-volume” imports consistently with its international obligations (Section 3);
whether the Panel correctly found that the absence of separate findings of “growth” factors in the EC final determination is consistent with the EC's WTO obligations (Section 4);
whether the Panel correctly found that there is no need to examine individually the impact of factors for which the cumulative impact has been assessed (Section 5); and
whether the Panel correctly found that the EC fully respected its obligations in its treatment of the causality element (Section 6).
The main procedural issues raised concerned the Panel's finding that a certain document was properly before the EC investigating authority and also its finding concerning the EC's disclosure obligations with respect to this document (Section 7).
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- Information
- The WTO Case Law of 2003The American Law Institute Reporters' Studies, pp. 87 - 129Publisher: Cambridge University PressPrint publication year: 2006