Canada — Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

 

Short title:	Canada — Welded Pipe
Complainant:	Chinese Taipei
Respondent:	Canada
Third Parties (original proceedings):	European Union; China; Korea, Republic of; Norway; United Arab Emirates; United States; Brazil
Agreements cited: (as cited in request for consultations)	Art. VI  GATT 1994 Art. 1, 3.1, 3.2, 3.4, 3.5, 3.7, 5.8, 6.8, 6.10, 18, Annex II, 7.1(ii), 7.5, 9.2, 2.2  Anti-dumping
Agreements cited: (as cited in panel request)	Art. 5.8, 1, 6.10, 7.1(ii), 7.5, 9.2  Anti-dumping Art. VI:2  GATT 1994 Art. 3.1, 3.2, 3.4, 3.5, 3.7, 6.8, Annex II, 2.2, 9.3  Anti-dumping Art. XVI:4  Agreement Establishing the World Trade Organization Art. 18.4  Anti-dumping Art. VI  GATT 1994
Consultations requested:	25 June 2014
Panel requested:	22 January 2015
Panel established:	10 March 2015
Panel composed:	12 May 2015
Panel report circulated:	21 December 2016 (adopted on 25 January 2017 )

 

Consultations

 

Complaint by Chinese Taipei.

 

On 25 June 2014, Chinese Taipei requested consultations with Canada with respect to the provisional and definitive anti-dumping measures imposed by Canada on imports of certain carbon steel welded pipe (CSWP) originating in, among others, Chinese Taipei.

 

Chinese Taipei claims that the measures are inconsistent with:

 

- Articles 1, 3.1, 3.2, 3.4, 3.5, 3.7, 5.8, 6.8, 6.10, 18 and Annex II of the Anti-Dumping Agreement;

  

- Article VI of the GATT 1994.

 

On 7 November 2014, Chinese Taipei requested further consultations. In addition to the measures listed in the original request for consultations, Chinese Taipei claimed that the measures were also inconsistent with Articles 2.2, 7.1(ii), 7.5, 9.2 and 9.3 of the Anti-Dumping Agreement.

 

On 22 January 2015, Chinese Taipei requested the establishment of a panel. At its meeting on 23 February 2015, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

 

At its meeting on 10 March 2015, the DSB established a panel. China, the European Union, Korea, Norway, the United Arab Emirates and the United States reserved their third-party rights. Subsequently, Brazil reserved its third-party rights. Following the agreement of the parties, the panel was composed on 12 May 2015.

 

On 11 November 2015, the Chair of the panel informed the DSB that the beginning of the panel's work was delayed as a result of a lack of available experienced lawyers in the Secretariat. The panel did not expect to issue its final report to the parties before the end of 2016.

 

On 21 December 2016, the panel report was circulated to Members.

 

 

At its meeting on 25 January 2017, the DSB adopted the panel report.

 

Reasonable period of time

 

On 26 January 2017, Canada and Chinese Taipei informed the DSB that they had agreed that the reasonable period of time to implement the DSB's recommendations and rulings would be 14 months. Accordingly, the reasonable period of time is set to expire on 25 March 2018. At the DSB meeting on 20 February 2017, Canada informed the DSB that it intended to implement the DSB's recommendations and rulings in this dispute within the reasonable period of time.

 

Implementation of adopted reports

 

On 10 January 2018, Canada informed the DSB that it had complied with the DSB's recommendations and rulings through legislative amendments and the issuance of the amended final determination of dumping and the threat of injury finding.