Abstract
The Appellate Body’s findings in US—Carbon Steel (India) dispute raised by India is explored by the lawyers who assisted India in handling this dispute from the consultations stage all the way to the Appellate Body. The appeal raised by India in this case was one of the complex so far and related to a number of systemic issues besieging the WTO Agreement on Subsidies and Countervailing Measures. India was successful in defending the Panel’s findings that at least one injury cumulation provision within the US domestic law is ‘as such’ inconsistent with WTO law. India was also successful in a number of ‘as applied’ claims on issues relating to public body, benefit assessment, application of the facts available standard and inclusion of new subsidies, to name a few. The findings issued by the Appellate Body in relation to ‘cross-cumulation’ and inclusion of new subsidies serve as important turning points in the jurisprudence associated with the WTO subsidies discipline. The Appellate Body’s findings on other issues such as public body, benefit assessment and application of facts available standard, provide some much needed clarification of existing jurisprudence.
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Notes
- 1.
Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Determination With Final Antidumping Duty Determinations: Certain Hot-Rolled Carbon Steel Flat Products From India, 66 FR 20240-01 dated April 20, 2001.
- 2.
Annex 1 to Request for the Establishment of a Panel by India on United States—Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India, WT/DS436/3, (Hereinafter US—Carbon Steel (India)).
- 3.
Appellee Submissions of the United States', US—Carbon Steel (India) (available online at https://ustr.gov/sites/default/files/US%20Appellee%20Sub%20pdf.pdf).
- 4.
Appellate Body Report on India—Additional and Extra-Additional Duties on Imports from India, WT/DS360/AB/R, (Hereinafter India—Additional Duties).
- 5.
Appellate Body Report on US—Carbon Steel (India), at paragraphs 2.306, 4.565.
- 6.
Panel Report on US—Carbon Steel (India), at paragraph 7.323.
- 7.
Appellate Body Report on US—Carbon Steel (India), at paragraph 4.579.
- 8.
Ibid, at paragraphs 4.582-4.586.
- 9.
Appellate Body Report on European Communities—Anti-Dumping Duties on Imports of Cotton-type Bed Linen from India (Article 21.5), WT/DS141/AB/RW, at paragraph 111 (Hereinafter EC—Bed Linen (Article 21.5)) (emphasis original).
- 10.
Appellate Body Report on US—Carbon Steel (India), at paragraph 4.36.
- 11.
Ibid, at paragraph 4.20.
- 12.
Ibid, at paragraph 4.43.
- 13.
Ibid.
- 14.
Ibid, at paragraph 4.42.
- 15.
Ibid, at paragraph 4.190.
- 16.
Appellate Body Report on United States—Countervailing Duty Measures on Certain Products from China, WT/DS437/AB/R, at paragraph 4.105 (Hereinafter US—CVD (China)).
- 17.
Ibid, at paragraph 4.62.
- 18.
Appellate Body Report on US—Carbon Steel (India), at paragraph 4.540.
- 19.
Ibid, at paragraph 4.541.
- 20.
Ibid, at paragraphs 4.541–4.542.
- 21.
Ibid, at paragraph 4.550.
- 22.
Appellate Body Report on Mexico—Definitive Anti-Dumping Measures on Beef and Rice, WT/DS295/AB/R, at paragraph 295 (Hereinafter Mexico—Anti-Dumping Measures on Rice).
- 23.
Appellate Body Report on US—Carbon Steel (India), at paragraph 4.418.
- 24.
Ibid at paragraph 4.419.
- 25.
Ibid at paragraph 4.431.
- 26.
Ibid, at paragraph 4.421.
- 27.
Ibid, at paragraph 4.426.
- 28.
Appellate Body Report on United States—Final Countervailing Duty Determination with respect to certain Softwood Lumber from Canada, WT/DS257/AB/R, at paragraph 71 (Hereinafter US—Softwood Lumber IV).
- 29.
Appellate Body Report on US—Carbon Steel (India), at paragraph 4.74.
References
Appellate Body Report on India—Additional and extra-additional duties on imports from India, WT/DS360/AB/R.
Appellate Body Report on European Communities—Anti-dumping duties on imports of Cotton-type bed linen from India (Article 21.5), WT/DS141/AB/RW.
Appellate Body Report on Mexico—Definitive anti-dumping measures on beef and rice, WT/DS295/AB/R.
Appellate Body Report on United States—Countervailing duty measures on certain products from China, WT/DS437/AB/R.
Appellate Body Report on United States—Countervailing measures on certain hot-rolled carbon steel flat products from India, WT/DS436/AB/R.
Appellate Body Report on United States—Final countervailing duty determination with respect to certain softwood lumber from Canada, WT/DS257/AB/R.
Appellee Submissions of the United States’, United States—Countervailing measures on certain hot-rolled carbon steel flat products from India, https://ustr.gov/sites/default/files/US%20Appellee%20Sub%20pdf.pdf, Accessed 8 Nov 2015.
Panel Report on United States—Countervailing measures on certain hot-rolled carbon steel flat products from India, WT/DS436/R.
Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Determination With Final Antidumping Duty Determinations: Certain Hot-Rolled Carbon Steel Flat Products From India, 66 FR 20240-01 dated April 20, 2001.
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© 2016 Centre for WTO Studies (CWS), Indian Institute of Foreign Trade (IIFT), New Delhi
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Adarsh Ramanujan, Atul Sharma, S. Seetharaman (2016). US—Carbon Steel (India): A Major Leap in Trade Remedy Jurisprudence. In: Das, A., Nedumpara, J. (eds) WTO Dispute Settlement at Twenty. Springer, Singapore. https://doi.org/10.1007/978-981-10-0599-2_13
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