European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India - Recourse to Article 21.5 of the DSU by India (WT/DS141): Report of the Panel
Published online by Cambridge University Press: 13 December 2017
Summary
INTRODUCTION
On 8 March 2002 India requested consultations with the European Communities pursuant to Articles 4 and 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter “DSU”), Article XXIII of the General Agreement on Tariffs and Trade, and Article 17 of the Agreement on Implementation of Article VI of the GATT 1994 (hereinafter “AD Agreement”) concerning, inter alia, the European Communities alleged non-compliance with the DSB rulings and recommendations in the dispute “European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India” and various provisions of the AD Agreement and Article VI of GATT 1994. The European Communities and India consulted on 25 and 26 March 2002, but failed to settle the dispute.
On 7 May 2002, India requested the Dispute Settlement Body (hereinafter “DSB”) to establish a panel pursuant to Articles 6 and 21.5 of the DSU, Article 17 of the AD Agreement and Article XXIII of GATT 1994, and as envisaged in a 13 September 2001 agreement on the “Agreed Procedures between India and the European Communities under Articles 21 and 22 of the DSU in the follow-up to the dispute ‘European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India.’”
At its meeting on 22 May 2002, the DSB referred this dispute to the original panel in accordance with Article 21.5 of the DSU to examine the matter referred to the DSB by India in document WT/DS141/13/Rev.1. At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by India in document WT/DS141/13/Rev.1, the matter referred by India to the DSB in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”.
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- Dispute Settlement Reports 2003 , pp. 1269 - 1714Publisher: Cambridge University PressPrint publication year: 2005
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