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WT/DS212 - United States - Countervailing measures concerning certain products from the EC

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: Brazil, Israel

US application of countervailing duties based on an irrebuttable presumption that non-recurring subsidies granted to a former producer of goods, prior to a change of ownership, "pass through" to the current producer of the goods following the change of ownership. 14 cases are included in this request.

Relevant WTO provision: SCM (10, 19, 21)


WTO consultations held on 7 Dec. 2000. Supplementary consultations held on 3 Apr. 2001. Panel established. Panel report circulated on 31 July 2002. US appealed. AB report circulated on 9 Dec. 2002. The AB upheld the Panel's findings on the non-compatibility with WTO rules of the US CVD measures. On the contrary, it judged that the US law is fine. AB and panel report adopted on 8 Jan. 2003. Mutually agreed reasonable period of time of 10 months. On 7 Nov. the US claimed that it has complied with the DSB ruling. The EC requested consultations under Art. 21.5 DSU to discuss some aspects of the US implementation. Consultations were held on 24 May 2004.

  • Consultations requested: 10 November 2000
  • Panel requested: 08 August 2001
  • Panel established: 10 September 2001
  • Panel report circulated: 31 July 2002
  • Appeal requested: 11 September 2002
  • Appeal report circulated: 09 December 2002
  • Panel/Appellate Body report adopted: 08 January 2003
  • Implementation deadline: 08 November 2003
  • Recourse to Articles:
    • 17 March 2004 - Recourse to Art. 21.5.


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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