Argentina — Definitive Anti-Dumping Measures on Carton-Board Imports from Germany and Definitive Anti-Dumping Measures on Imports of Ceramic Tiles from Italy

The summary below was up-to-date at 30 May 2008

Appellate Body and Panel Reports Adopted

Complaint by the European Communities.

On 26 January 2000, the EC requested consultations with Argentina in respect of Argentina’s definitive anti-dumping measures on imports of ceramic floor tiles from Italy imposed on 12 November 1999. The EC claimed that the Argentinian investigating authority without justification disregarded all the information on normal value and on export prices provided by the exporters included in the sample; failed to calculate an individual dumping margin for each of the exporters included in the sample; failed to make due allowance for the differences in physical characteristics between the models exported to Argentina and those sold in Italy; and failed to inform the Italian exporters of the essential facts concerning the existence of dumping which formed the basis for the decision whether to apply definitive measures. The EC considered that the anti-dumping measures in question were inconsistent with Articles 2.4, 6.8 in conjunction with Annex II, 6.9 and 6.10 of the Anti-Dumping Agreement.

On 7 November 2000, the EC requested the establishment of a panel. At its meeting on 26 September 2000, the DSB deferred the establishment of a panel. Further to a second request to establish a panel by the EC, the DSB established a panel at its meeting on 17 November 2000 on the basis of the EC’s reduced complaint which relates only to definitive anti-dumping measures on imports of ceramic floor tiles from Italy. Japan, Turkey and the US reserved their third-party rights. On 12 January 2001, the Panel was composed.

The Panel circulated its report to Members on 28 September 2001. The Panel found that:

* Argentina acted inconsistently with Article 6.8 and Annex II of the Anti-Dumping Agreement by disregarding in large part the information provided by the exporter for the determination of the normal value and export price, and this without informing the exporters of the reasons for such a rejection;

* Argentina acted inconsistently with Article 6.10 of the Anti-Dumping Agreement by not determining an individual dumping margin for each sampled exporter;

* Argentina acted inconsistently with Article 2.4 of the Anti-Dumping Agreement by failing to make due allowance for difference in physical characteristics affecting price comparability;

* Argentina acted inconsistently with Article 6.9 of the Anti-Dumping Agreement by not disclosing to the exporters the essential facts under consideration which form the basis for the decision whether to apply definitive measures.

On 5 November 2001, the DSB adopted the Panel Report.

Implementation Status of Adopted Reports

On 20 December 2001, the EC and Argentina informed the DSB that they have mutually agreed a reasonable period of time of 5 months to implement the recommendations and rulings of the DSB, i.e. from 5 November 2001 until 5 April 2002.

At the DSB meeting of 22 May 2002, Argentina announced that on 24 April 2002, the Ministry of Production had enacted Resolution 76/02 revoking the anti-dumping measures at issue in this case. With the publication of this Resolution, Argentina considered that it had now fully implemented the DSB’s recommendations and rulings in this dispute. The EC welcomed Argentina’s prompt implementation in this case.