Dispute Settlement DS338

17/05/2013 12:00 - 1153 total view

Canada — Provisional Anti-Dumping and Countervailing Duties on Grain Corn from the United States

Short title:
Complainant: United States
Respondent: Canada
Third Parties:
Agreements cited:
(as cited in request for consultations)
Anti-dumping (Article VI of GATT 1994): Art.
GATT 1994: Art. VI
Subsidies and Countervailing Measures: Art. 101515.215.415.51722.4
Request for Consultationsreceived: 17 March 2006



Complaint by the United States. 

On 17 March 2006, the United States requested consultations with Canada concerning Canada’s imposition of provisional anti-dumping and countervailing duties on unprocessed grain corn from the United States published in the Canada Gazette on 31 December 2005, and also with respect to certain provisions of Canada’s Special Import Measures Act.

The United States believes that these provisional duties are inconsistent with Canada’s obligations under provisions of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement. These include Article 3 of the Anti-Dumping Agreement and Article 15 of the SCM Agreement with respect to a number of factors relating to the preliminary injury determination in this case and Articles 1, 7, and 12.2.1 of the Anti-Dumping Agreement, Articles 10, 17, and 22.4 of the SCM Agreement, and Article VI of GATT 1994 by virtue of Canada having imposed the said provisional duties based, in part, on a WTO-inconsistent preliminary injury determination.