Ukraine — Anti-Dumping Measures on Ammonium Nitrate

 

Short title:	Ukraine — Ammonium Nitrate (Russia)
Complainant:	Russian Federation
Respondent:	Ukraine
Third Parties (original proceedings):	Argentina; Australia; Brazil; Canada; Colombia; China; European Union; Japan; Kazakhstan; Mexico; Norway; Qatar; United States
Agreements cited: (as cited in request for consultations)	Art. VI  GATT 1994 Art. 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 9.2, 9.3, 11.1, 11.2, 11.3, 18.1, Annex II  Anti-dumping
Agreements cited: (as cited in panel request)	Art. 5.8, 11.2, 11.3, 6.1, 6.2, 6.4, 6.5.1, 6.8, Annex II, 6.9, 12.2, 12.2.2, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.4, 11.1, 11.2, 11.3, 3.1, 3.2, 3.4, 3.5, 18.1, 1, 17.4, VI  Anti-dumping
Consultations requested:	7 May 2015
Panel requested:	29 February 2016
Panel established:	22 April 2016
Panel composed:	2 February 2017
Panel report circulated:	20 July 2018 (adopted on 30 September 2019 )
Appellate Body report circulated:	12 September 2019 (adopted on 30 September 2019)
Art 21.3(c) DSU Arbitration award circulated	8 April 2020

 

Summary of the dispute to date

The summary below was up-to-date at 8 April 2020 

 

Consultations

 

Complaint by the Russian Federation.

 

On 7 May 2015, the Russian Federation requested consultations with Ukraine regarding anti-dumping measures imposed by Ukraine on imports of ammonium nitrate originating from the Russian Federation.

 

The Russian Federation claims that the measures are inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.4, 5.8, 6.1, 6.2, 6.4, 6.5.1, 6.6, 6.8, 6.9, 9.2, 9.3, 11.1, 11.2, 11.3, and 18.1, and Annex II, of the Anti‑Dumping Agreement; and

 

- Article VI of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 29 February 2016, the Russian Federation requested the establishment of a panel. At its meeting on 23 March 2016, the DSB deferred the establishment of the panel.

 

At its meeting on 22 April 2016, the DSB established a Panel. Argentina, Australia, Brazil, Canada, China, Colombia, the European Union, Japan, Kazakhstan, Mexico, Norway, Qatar and the United States reserved their third-party rights.

 

On 23 January 2017, the Russian Federation requested the Director-General to compose the panel. On 2 February 2017, the Director-General composed the panel.

 

On 14 June 2017 the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties not before the first quarter of 2018, in light of the amount and complexity of the work involved. On 24 January 2018, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties by June 2018.

 

On 20 July 2018, the panel report was circulated to Members.

 

On 23 August 2018, Ukraine notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.

 

On 22 October 2018, upon expiry of the 60-day period provided for in Article 17.5 of the DSU, 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 size of the panel record and the complexity of issued that had been appealed. The Appellate Body also noted the backlog of appeals pending with the Appellate Body at that time, and the overlap in the composition of all divisions resulting in part from the reduced number of Appellate Body members.The Appellate Body informed the DSB that the Appellate Body would communicate appropriately with participants and DSB Members as soon as it knew more precisely when the Division can schedule the hearing in this appeal. On 31 July 2019, the Chair of the Appellate Body notified the Chair of the DSB that the Appellate Body Report in these proceedings would be circulated to WTO Members on 12 September 2019.

 

On 12 September 2019, the Appellate Body report was circulated to Members.

 

At its meeting on 30 September 2019, the DSB adopted the Appellate Body report and panel report, as upheld by the Appellate Body report.

 

Reasonable period of time

 

At the DSB meeting on 28 October 2019, Ukraine informed the DSB that it intended to implement the DSB's recommendations and rulings in this dispute and that it would need a reasonable period of time to do so. On 21 November 2019, the Russian Federation requested the reasonable period of time to be determined through binding arbitration pursuant to Article 21.3(c) of the DSU. On 11 December 2019 the Director-General appointed Mr Ricardo Ramírez-Hernández to act as arbitrator under Article 21.3(c) of the DSU. On 12 December 2019, Mr Ramírez-Hernández accepted the appointment.

 

On 8 April 2020, the Award of the Arbitrator was circulated to Members. The Arbitrator determined the reasonable period of time to be 11 months and 15 days, expiring on 15 September 2020.