Morocco — Definitive Anti-Dumping Measures on School Exercise Books from Tunisia

 

Short title:	Morocco — Definitive AD Measures on Exercise Books (Tunisia)
Complainant:	Tunisia
Respondent:	Morocco
Third Parties (original proceedings):	Brazil; Canada; China; European Union; Japan; Madagascar; Russian Federation; United States
Agreements cited: (as cited in request for consultations)	Art. 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 5.2, 5.3, 5.8, 5.10, 6.5, 6.5.1, 9, 11.1(a), 12.2, 12.2.2, 18.1, Annex II  Anti-dumping Art. II:1(a), II:1(b), VI:1, VI:6  GATT 1994
Agreements cited: (as cited in panel request)	Art. 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 5.2, 5.3, 5.4, 5.8, 6.8, 9.2, 11.1(a), 12.2, 12.2.2, Annex II  Anti-dumping Art. VI:1, VI:6  GATT 1994
Consultations requested:	21 February 2019
Panel requested:	19 September 2019
Panel established:	28 October 2019
Panel composed:	19 March 2020
Panel report circulated:	27 July 2021

 

Summary of the dispute to date

 

The summary below was up-to-date at 27 September 2021 

 

Consultations

 

Complaint by Tunisia (See also DS555)

 

On 21 February 2019, Tunisia requested consultations with Morocco concerning definitive anti-dumping duties imposed by Morocco on imports of school exercise books. This is the second consultations request submitted by Tunisia against Morocco on a similar matter (see DS555, concerning provisional anti-dumping duties imposed by Morocco on imports of school exercise books from Tunisia).

 

Tunisia claimed that the challenged measures appear to be inconsistent with:

 

- Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 4.1, 5.2, 5.3, 5.8, 5.10, 6.5, 6.5.1, 6.8, 9, 11, 12.2, 12.2.2, 18.1 and paragraphs 1, 3, 5, and 6 of Annex II of the Anti-Dumping Agreement; and

 

- Articles II:1(a), II:1(b), VI:1 and VI:6(a) of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 19 September 2019, Tunisia requested the establishment of a panel. At its meeting on 30 September 2019, the DSB deferred the establishment of a panel.

 

At its meeting on 28 October 2019, the DSB established a panel. Brazil, Canada, China, the European Union, Japan, Madagascar, the Russian Federation and the United States reserved their third-party rights.

 

On 9 March 2020, Tunisia requested the Director-General to compose the panel. On 19 March 2020, the Director-General composed the panel.

 

On 17 November 2020, the Chair of the panel informed the DSB that, due to the number and complexity of the questions before the panel in this case, the panel intended to issue its final report to the parties on the first half of 2021.

 

On 27 July 2021, the panel report was circulated to Members.

 

Summary of key findings

 

On 28 July 2021, Morocco notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 16 August 2021, Tunisia requested the Chair of the DSB to circulate a communication noting that Morocco had not served an appellant's submission. Consequently, Tunisia confirmed that it was not in a position to exercise its right to serve an appellee's submission within the required time frame given that Tunisia did not know which specific arguments Morocco intended to raise.