Dispute Settlement DS491: United States — Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia

13/03/2015 02:39 - 4 Views

United States — Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia

 

Short title:

US — Coated Paper (Indonesia)

Complainant:

Indonesia

Respondent:

United States

Third Parties (original proceedings):

European Union; China; Turkey; Korea, Republic of; Canada; India; Brazil

Agreements cited:
(as cited in request for consultations)

Art. 2.1, 2.1(c), 10, 12.7, 14(d), 15.5, 15.7  Subsidies and Countervailing Measures (SCM)

Art. 1, 3.5, 3.7, 3.8, 15.5, 15.8  Anti-dumping

 

Agreements cited:
(as cited in panel request)

Art. 2, 12, 14, 2.1, 2.1(c), 14(d), 12.7  Subsidies and Countervailing Measures (SCM)

Art. 3.5, 3.7  Anti-dumping

Art. 15.7, 15.8  Subsidies and Countervailing Measures (SCM)

Art. 3.8, 1  Anti-dumping

Art. 10  Subsidies and Countervailing Measures (SCM)

Art. VI  GATT 1994

Art. 15.5  Subsidies and Countervailing Measures (SCM)

 

Consultations requested:

13 March 2015

Panel requested:

9 July 2015

Panel established:

28 September 2015

Panel composed:

4 February 2016

Panel report circulated:

6 December 2017
(adopted on 22 January 2018 )

 

Summary of the dispute to date

The summary below was up-to-date at 25 January 2018 

 

Consultations

 

Complaint by Indonesia.

 

On 13 March 2015, Indonesia requested consultations with the United States concerning the imposition of anti-dumping and countervailing measures on certain coated paper products from Indonesia, as well as the investigation underlying those measures.

 

Indonesia claims that the measures are inconsistent with:

 

- Articles 2.1, 2.1(c), 10, 12.7, 15.5, 15.7 and 15.8 of the SCM Agreement;

 

- Articles 3.5, 3.7 and 3.8 of the Anti-Dumping Agreement; and

 

- Article VI of the GATT 1994.

 

On 9 July 2015, Indonesia requested the establishment of a panel. At its meeting on 20 July 2015, the DSB deferred the establishment of a panel. On 20 August 2015, Indonesia submitted a new request for the establishment of a panel. At its meeting on 31 August 2015, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

 

At its meeting on 28 September 2015, the DSB established a panel. Canada, China, the European Union, Korea and Turkey reserved their third-party rights.

 

On 25 January 2016, Indonesia requested the Director-General to compose the panel. On 4 February 2016, the Director-General composed the panel.

 

On 6 December 2017, the panel report was circulated to Members.

 

At its meeting on 12 January 2018, the DSB adopted the panel report.

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