Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China.pdf

Panel/Appellate Body Report on EC-Fasteners (China) 2009 1 Report(s) adopted, with recommendation to bring measure(s) into conformity on 28 July 2011 Key facts Short title: EC — Fasteners (China) Complainant: China Respondent: European Communities Third Parties: Brazil; Canada; Chile; Colombia; India; Japan; Norway; Chinese Taipei; Thailand; Turkey; United States Agreements cited: (as cited in request for consultations) Agreement Establishing the World Trade Organization: Art. XVI:4 Protocol of Accession: , Anti-dumping (Article VI of GATT 1994): Art. 1, 3, 3.1, 3.2, 3.4, 3.5, 4, 4.1, 5, 5.4, 6, 6.1, 6.2, 6.4, 6.5, 6.10, 2, 9, 9.2, 9.3, 9.4, 12.2.2, 2.1, 2.2, 17.6, 2.2(a)(i), 2.4, 2.6 GATT 1994: Art. X:3(a), I, I:1, VI:1 Request for Consultations received: 31 July 2009 Panel Report circulated: 3 December 2010 Appellate Body Report circulated: 15 July 2011 Summary of the dispute to date The summary below was up-to-date at 21 September 2011 Consultations Complaint by China. On 31 July 2009, China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the ECs Basic Anti-Dumping Regulation) which provides that in case of imports from non-market economy countries, the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision. Panel/Appellate Body Report on EC-Fasteners (China) 2009 2 According to China, Article 9(5) of the Basic Anti-Dumping Regulation is inconsistent, as such, with the European Communities obligations under: ? Article XVI:4 of the WTO Agreement; ? Articles I:1, VI:1, and X:3(a) of the GATT 1994; and ? Articles 6.10, 9.2, 9.3, 9.4, 12.2.2 and 18.4 of the Anti-Dumping Agreement. China also requests consultations regarding Council Regulation (EC) No 91/2009 imp