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WT/DS424 - United States - Anti-Dumping Measures on Imports of Stainless Steel Sheet and Strip in Coils from Italy

WTO dispute settlement case - Launched by the EU

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  • United States
Trade topics
  • Dispute settlement
  • WTO - Case launched by the EU

Summary of the case

  • Complaint by: EU
  • Complaint against: United States
  • Third parties: No third party

A blatant calculation error was made in June 1999 when the United States imposed an anti-dumping duty of 11.23% for the company ThyssenKrupp Acciai Speciali Terni S.p.A. and ThyssenKrupp AST USA (collectively "TKAST").

The company, having unsuccessfully raised the error in the original case, drew attention to the impact of the error when the dumping margin was revised in September 2007 to remove the effect of zeroing in the Section 129 proceeding. Despite realizing this obvious error, the United States Department of Commerce ("USDOC") failed to correct it and maintained the measure in force on the basis of a dumping margin of 2.11% (0.11% above de minimis). Without the error, there would have been no dumping.

On 5 May 2011 the USDOC published in the Federal Register the results of its sunset review confirming its preliminary finding of 20 December 2010 that the dumping is likely to continue on the basis of a dumping margin of 2.11%. In its findings, the USDOC relied on the original (1999) data and dumping margin based on that calculation, including the error.

Relevant WTO provision: Articles 2, 5.8, 6.8, 9.3, 11.1, 11.2, and 11.3 of the AD Agreement, ;  Article VI:2 of the GATT 1994.


Consultations took place on 11 May 2011 in Geneva.
On 10 August 2011 the US revoked the anti-dumping order after a determination of 8 July 2011 of the US International Trade Commission that injury was not likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

  • Consultations requested: 01 April 2011


Full case details and WTO documents on the WTO website

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