China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union (WT/DS425): Report of the Panel
Published online by Cambridge University Press: 13 December 2017
Summary
INTRODUCTION
On 25 July 2011 the European Union requested consultations with the Government of the People's Republic of China (“China”) pursuant to Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), Article 17.3 of the Agreement on Implementation of Article VI of the GATT 1994 (“Anti-Dumping Agreement”) and Article 4 of the Understanding on Rules and Procedures Governing the Settlem0ent of Disputes (“DSU”) with respect to the imposition of definitive anti-dumping duties on x-ray security inspection equipment from the EU, pursuant to Ministry of Commerce of the People's Republic of China (“MOFCOM”), Notice No. 1 (2011), including its annex. The consultations were held on 19 September and 18 October 2011. The consultations failed to resolve the dispute.
On 8 December 2011, the European Union requested, pursuant to Article 6 of the DSU and Article 17.4 of the Anti-Dumping Agreement that the Dispute Settlement Body (the “DSB”) establish a Panel to examine this matter.
At its meeting on 20 January 2012, the DSB established a panel pursuant to the request of the European Union in document WT/DS425/2, in accordance with Article 6 of the DSU.
The Panel's terms of reference are the following:
To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by the European Union in document WT/DS425/2 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.
On 2 March 2012, the European Union requested the Director-General to determine the composition of the panel, pursuant to Article 8.7 of the DSU. This paragraph provides:
If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute.
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- Dispute Settlement Reports 2013 , pp. 659 - 1012Publisher: Cambridge University PressPrint publication year: 2015
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