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Trade

WT/DS136 - United States - Anti-dumping Act of 1916

WTO dispute settlement case - Launched by the EU

Country or region
United States
Trade topics
Dispute settlement
Dispute settlement
WTO - Case launched by the EU

Summary of the case

  • Complaint by: EU
  • Complaint against: United States
  • Third parties: India, Japan, Mexico

The 1916 Act imposes penal sanctions against the importation of goods and their sale in the US market when the price is lower than the one in the country of production or in other foreign countries where the goods are exported. Provides for civil and penal proceedings and sanctions.

Relevant WTO provision: GATT (III:4, VI:1, VI:2); WTO (XVI:4); Anti-dumping (1, 2, 3, 4, 5)

Status

See also DS 162, complaint by Japan. The United States repealed the 1916 Act in December 2004, but this repeal did not affect the on-going proceedings which were allowed to continue. To the EC knowledge, there was however no ongoing cases against EC companies at the time of repeal. Further, EC companies receive protection under Council Regulation 2238/2003 that (1) prohibits the recognition & enforcement of decisions based on the 1916 act and (2) allows EC companies to sue the US plaintiff to recover costs/damages caused by a complaint under the 1916 act.

  • Consultations requested: 04 June 1998
  • Panel requested: 11 November 1998
  • Panel established: 01 February 1999
  • Panel report circulated: 31 March 2000
  • Appeal requested: 29 May 2000
  • Appeal report circulated: 28 August 2000
  • Panel/Appellate Body report adopted: 26 September 2000
  • Implementation deadline: 20 December 2001
  • Recourse to Articles:
    • 18 January 2002 - Recourse to Art. 22.

Documents

Full case details and WTO documents on the WTO website