DS535: United States — Certain Systemic Trade Remedies Measures

DS535: United States — Certain Systemic Trade Remedies Measures

The Latest News:

On January 19, 2018, Argentina and the Russian Federation requested to join the consultations.

The Dispute:

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:

  1. 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;
  2. Retroactive provisional anti-dumping and countervailing duties following preliminary affirmative critical circumstances determinations;
  3. The US treatment of export controls in countervailing duty proceedings;
  4. The improper calculation of benefit in countervailing duty proceedings involving the provision of goods for less than adequate remuneration;
  5. The United States’ effective closure of the evidentiary record before the preliminary determination; and
  6. 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.

Stay Tuned…

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 and Dakar is at your disposal to provide you with additional information.



Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s