Dispute Settlement DS310

17/05/2013 12:00 - 1157 total view

United States — Determination of the International Trade Commission in Hard Red Spring Wheat from Canada

Short title:
Complainant: Canada
Respondent: United States
Third Parties:
Agreements cited:
(as cited in request for consultations)
Anti-dumping (Article VI of GATT 1994): Art.
GATT 1994: Art. VI:6
Subsidies and Countervailing Measures: Art. 1015.115.215.415.519.1,32.1
Request for Consultationsreceived: 8 April 2004



Complaint by Canada.

On 8 April 2004, Canada requested consultations with the United States concerning: (i) the investigation of the USITC in Hard Red Spring Wheat from Canada, (ii) the USITC’s final determination that an industry in the US is materially injured by reason of imports from Canada of that product that have been found by the Department of Commerce to be subsidized by the Government of Canada and sold in the US at less than fair value and (iii) the final definitive anti-dumping and countervailing duties applied as a result of the final determination above.

Canada claims that, through these measures, the United States has violated its obligations under Article VI:6(a) of the GATT 1994, Articles 1, 3.1, 3.2, 3.4, 3.5 and 18.1 of the Anti-Dumping Agreement and Articles 10, 15.1, 15.2, 15.4, 15.5, 19.1 and 32.1 of the SCM Agreement.

On 10 June 2004, Canada requested the establishment of a panel. At its meeting on 22 June 2004, the DSB deferred the establishment of a panel.