Dispute Settlement DS346

17/05/2013 12:00 - 885 Views

United States — Anti-Dumping Administrative Review on Oil Country Tubular Goods from Argentina

Short title:
Complainant: Argentina
Respondent: United States
Third Parties:
Agreements cited:
(as cited in request for consultations)
Anti-dumping (Article VI of GATT 1994): Art.12.22.2.22.46.16.26.66.86.9,9.29.312.212.2.218.1
GATT 1994: Art. VI
Agreement Establishing the World Trade Organization: Art. XVI:4
Request for Consultationsreceived: 20 June 2006

Consultations

Complaint by Argentina.

On 20 June 2006, Argentina requested consultations with the United States on its anti-dumping duty administrative review on oil country tubular goods other than drill pipe with respect to Acindar Industria Argentina de Aceros S.A. (Acindar) which it considers is inconsistent with Articles 2.2 and note 2, 2.2.2, 2.2.2(iii), 2.4, 6.1, 6.2, 6.6, 6.8, 6.9, 9.2, 9.3, 12.2 and 12.2.2 and Annex II of the Anti-Dumping Agreement and Article VI of the GATT 1994.

The request for consultations also addresses Section 773(e)(2)(b)(iii) of the US Tariff Act of 1930, and any amendments thereto or extensions thereof. Argentina claims that this provision allows the United States to establish an amount for profit that exceeds the profit normally realized by other exporters or producers on sales of products of the same general category in the domestic market of the country of origin, in violation of Article 2.2.2(iii) of the Anti-Dumping Agreement and Article VI of the GATT 1994.

Finally, Argentina also considers that the United States failed to comply with its obligations under Articles 1 and 18.1 of the Anti-Dumping Agreement and Article XVI:4 of the WTO Agreement.

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