Brazil — Anti-dumping Measures on Imports of Certain Resins from Argentina

Consultations

Complaint by Argentina.

On 26 December 2006, Argentina requested consultations with Brazil concerning anti-dumping measures applied by Brazil to imports of certain polyethylene terephthalate (PET) resins from Argentina. Argentina considers that the anti-dumping investigation conducted, the determination made and the duties imposed by Brazil are inconsistent with at least:

• Article VI of GATT 1994; and 
• Articles 2.2.1, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 6, 8, 10 and 12 and Annex II of the Anti-Dumping Agreement.

In addition, the request for consultations concerns Articles 2 (XV) and 5 §3 of Brazil's Decree No. 4732 of 10 June 2003. Argentina considers that these provisions are inconsistent with:

• Article XVI:4 of the WTO Agreement;
• Article X of GATT 1994; and 
• Articles 6.14, 10 and 18.4 of the Anti-Dumping Agreement.

Finally, the request for consultations concerns Article 58 of Brazil's Decree No. 1602 of 23 August 1995, which provides for a review of the determination imposing anti-dumping duties. Argentina claims that this provision is inconsistent with:

• Article XVI:4 of the WTO Agreement; 
• Article X of GATT 1994; and 
• Articles 9 and 18.4 of the Anti-Dumping Agreement.

On 7 June 2007, Argentina requested the establishment of a panel. At its meeting on 20 June 2007, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 24 July 2007, the DSB established a panel. The European Communities, Japan, Chinese Taipei and the United States reserved their third-party rights. On 28 September 2007, the Panel was composed. On 14 December 2007, the Chairman of the Panel informed the DSB that it would not be able to complete its work in six months in light of scheduling conflicts. The Panel expects to complete its work in August 2008. On 4 February 2008, the Chairman of the Panel informed the DSB that Argentina had indicated that on 29 January 2008, the Foreign Trade Chamber of Brazil had adopted a decision to suspend the application of anti-dumping duties on imports of PET resin from Argentina. Therefore, Argentina asked the Panel to suspend its work pursuant to Article 12.12 of the DSU. The Panel agreed to this request and suspended its work until further notice.

Withdrawal/termination

Since the panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for the establishment of the panel lapsed as of 5 February 2009.