Russia — Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy

 

Short title:	Russia — Commercial Vehicles
Complainant:	European Union
Respondent:	Russian Federation
Third Parties (original proceedings):	China; India; Japan; Korea, Republic of; United States; Brazil; Turkey; Ukraine
Agreements cited: (as cited in request for consultations)	Art. 1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 6.10, 9.2, 9.3, 12.2, 12.2.2, 18.4, Annex II  Anti-dumping Art. VI  GATT 1994
Agreements cited: (as cited in panel request)	Art. 3.1, 3.2, 3.4, 3.5, 4.1, 6.5.1, 6.9, 12.2, 12.2.2, 1, 18.4  Anti-dumping Art. VI  GATT 1994
Consultations requested:	21 May 2014
Panel requested:	15 September 2015
Panel established:	20 October 2014
Panel composed:	18 December 2014
Panel report circulated:	27 January 2017 (adopted on 9 April 2018 )
Appellate Body report circulated:	22 March 2018 (adopted on 9 April 2018)

 

Consultations

 

Complaint by the European Union.

 

On 21 May 2014, the European Union requested consultations with the Russian Federation with respect to the levy of anti-dumping duties on light commercial vehicles from Germany and Italy by the Russian Federation pursuant to Decision No. 113 of 14 May 2013 of the College of the Eurasian Economic Commission.

 

The European Union claims that the measures are inconsistent with:

 

- Articles 1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 6.10, 9.2, 9.3, 12.2, 12.2.2, 18.4 and Annex II of the Anti‑Dumping Agreement;

 

- Article VI of the GATT 1994.

 

- Panel and Appellate Body proceedings

 

On 15 September 2014, the European Union requested the establishment of a panel. At its meeting on 26 September 2014, the DSB deferred the establishment of a panel.

 

At its meeting on 20 October 2014, the DSB established a panel. China, India, Japan, Korea and the United States reserved their third-party rights. Subsequently, Brazil, Turkey and Ukraine reserved their third-party rights.

 

On 8 December 2014, the European Union requested the Director-General to compose the panel. On 18 December 2014, the Director-General composed the panel.

 

On 11 June 2015, the Chair of the panel informed the DSB that the panel's work had been delayed as a result of a lack of available experienced lawyers in the Secretariat and that it does not expect to issue its final report to the parties before the end of 2016.

 

Following the resignation on 1 December 2015 of the Chair and a member of the panel, the Director-General on 11 December 2015 appointed a new Chair and a new member of the panel.

 

On 27 January 2017, the panel report was circulated to Members.

 

 

On 20 February 2017, the Russian Federation notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 27 February 2017, the European Union notified the DSB of its decision to cross-appeal.

 

On 13 April 2017, the Appellate Body informed the DSB that it would not be able to circulate the Appellate Body report in this appeal by the end of the 60-day period, nor within the 90-day time-frame provided for in Article 17.5 of the DSU. The Appellate Body referred to the number and complexity of the issues raised in this and concurrent appellate proceedings, together with the demands that these concurrent appeals place on the WTO Secretariat's translation services, and the shortage of staff in the Appellate Body Secretariat. The Appellate Body also informed the DSB that the circulation date of the Appellate Body report in this appeal would be communicated to the participants and third participants after the oral hearing. On 8 March 2018, the Appellate Body informed the DSB that its report in this appeal would be circulated no later than 22 March 2018.

 

On 22 March 2018, the Appellate Body report was circulated to Members.

 

 

At its meeting on 9 April 2018, the DSB adopted the Appellate Body report and the panel report, as modified by the Appellate Body report.

 

Implementation of adopted reports

 

On 20 June 2018, the Russian Federation informed the DSB that following the expiration of the measures at issue, the Russian Federation had fully implemented the DSB’s recommendations and rulings in this dispute.