WTO members adopt dispute panel ruling on ‘salmon’

17/01/2008 12:00 - 840 Views

The WTO Dispute Settlement Body, which comprises all members, adopted on 15 January 2008 the panel report on Norway’s complaint against the EU’s anti-dumping measures on salmon. The meeting also discussed implementation of two earlier rulings in cases involving Brazil’s import ban on retreaded tyres and Japan’s countervailing duties on dynamic random access memories from Rep. Korea.

The DSB adopted the panel report (WT/DS337/R) on the EC's antidumping measures on farmed salmon from Norway.

Norway welcomed the adoption of the panel report in this long lasting conflict and said the panel found the EC had committed a continuum of violations. Norway said the EC had no choice but to remove the antidumping measure. Norway concluded that this could be done very quickly using the EC regulation allowing a “fast-track” repeal.

The EC said while the panel ruled in favour of Norway on certain points mostly of a factual nature, it had also found in favour of the EC on a similar number of points, predominantly of a legal nature. The EC accepted the recommendations of the panel and would examine them when implementing the ruling. The EC added that the panel explicitly declined to use its discretionary power to recommend the revocation of the measure, despite repeated Norwegian calls for the panel to do so.

Hong Kong China raised two legal issues contained in the report, one on the use of sampling in injury determination permitted under the antidumping agreement and one on the legality of excluding 'en bloc' non-producing exporters in sampling under dumping determination. Hong Kong China added it was disappointed with the panel's reasoning and ruling on these two points.



15 January 2008

Source: www.wto.org

 

 
 
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