Pakistan — Anti-Dumping Measures on Biaxially Oriented Polypropylene Film from the United Arab Emirates

 

Short title:	Pakistan — BOPP Film (UAE)
Complainant:	United Arab Emirates
Respondent:	Pakistan
Third Parties (original proceedings):	Afghanistan; China; European Union; Japan; Oman; Russian Federation; Saudi Arabia, Kingdom of; United States
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.2.1, 2.2.1.1, 2.4, 3.1, 3.2, 3.4, 3.5, 5.2, 5.3, 5.8, 5.10, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9, 11.1(a), 11.2, 11.3, 11.4, 12.1, 12.2, 12.3, 18, Annex II  Anti-dumping Art. VI:1, VI:2  GATT 1994
Agreements cited: (as cited in panel request)	Art. 5.2, 5.3, 5.8, 1, 2.1, 3.1, 9.1, 9.3, 11.1, 5.10, 6.8, Annex II, 2.2.1.1, 2.2.2, 2.2, 2.2.1, 2.4, 3.1, 3.2, 3.4, 3.5, 6.2, 6.4, 6.5, 6.5.1, 6.9, 11.2, 11.3, 2, 11.4, 6.7, 12.1, 12.2, 12.3, 18.1  Anti-dumping Art. VI:1, VI:2  GATT 1994
Consultations requested:	24 January 2018
Panel requested:	15 May 2018
Panel established:	29 October 2018
Panel composed:	7 May 2019
Panel report circulated:	18 January 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 3 March 2021 

 

Consultations

 

Complaint by the United Arab Emirates

 

On 24 January 2018, the United Arab Emirates requested consultations with Pakistan concerning Pakistan's anti-dumping measures on imports of biaxially oriented polypropylene film from the United Arab Emirates.

 

The United Arab Emirates claimed that the measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2.1.1, 2.2, 2.2.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 5.2, 5.3, 5.8, 5.10, 6.2, 6.4, 6.5, 6.5.1, 6.8, 6.9, 9, 11.1, 11.2, 11.3, 11.4, 12.1, 12.2, 12.3, 18.1 and Annex II of the Anti-Dumping Agreement;

 

- Articles VI:1 and VI:2 of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 15 May 2018, the United Arab Emirates requested the establishment of a panel. At its meeting on 28 May 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 29 October 2018, the DSB established a panel. Afghanistan, China, the European Union, Japan, the Russian Federation, Saudi Arabia, and the United States reserved their third-party rights. On 14 November 2018, Oman reserved its third-party rights.

 

Following agreement of the parties, the panel was composed on 7 May 2019.

 

On 23 October 2019, the Chair of the panel informed the DSB that the beginning of the panel's work had been delayed as a result of a lack of available experienced lawyers in the Secretariat. The Chair's communication indicated that the panel did not expect to issue its final report to the parties before the second half of 2020.

 

On 18 January 2021, the panel report was circulated to Members.

 

On 22 February 2021, Pakistan notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report.