The Latest News:
On 19 January 2018, Argentina and the Russian Federation requested to join the consultations.
On December 20, 2017, Canada request consultations with the United States concerning certain laws, regulations and other measures maintained by the United States with respect to anti-dumping and countervailing duty proceedings (investigations, reviews or other proceedings).
Canada alleged 6 areas in which the United States’ actions and policies were not consistent with the United States’ treaty obligations in its Request for Consultations, namely:
- The liquidation of final anti-dumping and countervailing duties in excess of WTO-consistent rates and failure to refund cash deposits collected in excess of WTO-consistent rates;
- Retroactive provisional anti-dumping and countervailing duties following preliminary affirmative critical circumstances determinations;
- The US treatment of export controls in countervailing duty proceedings;
- The improper calculation of benefit in countervailing duty proceedings involving the provision of goods for less than adequate remuneration;
- The United States’ effective closure of the evidentiary record before the preliminary determination; and
- The US International Trade Commission Tie Vote Provision.
Canada claimed that the measures appear to be inconsistent with numerous articles of the Anti-Dumping Agreement and SCM Agreement, Articles VI:2, VI:3 and X:3(a) of the GATT 1994 and Article 21.1 and 21.3 of the DSU and gave numerous examples.
For the full list of documents filed with the WTO, click here.
We will provide updates on this blog as the dispute develops.
John Reiterowski, DS Lawyers Canada, LLP
DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.