Decisions of the Appellate Body of the World Trade Organization

United States-Anti-Dumping Act of 1916

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Joel P. Trachtman

WTO Appellate Body Report: United States-Anti-Dumping Act of 1916, AB-2000-5,6, WT/DS136, DS162/AB/R (00-3369), adopted by Dispute Settlement Body, 26 September, 2000. United States, Appellant/Appellee, European Communities and Japan, Appellant/Appellee; Mexico and India, Third Participants. Division: Lacarte-Muró, Ehlermann and Feliciano. Major Topics Addressed by Appellate Body: Article VI of GATT; Dispute Settlement under Anti-Dumping Agreement; Mandatory and Discretionary Legislation; Article XVI of the Agreement Establishing the WTO.

1. Abstract

In this case, the European Communities and Japan sought to invalidate the 1916 Act, a U.S. antitrust-based statute that addresses foreign-based predatory pricing, i.e., dumping. This statute has not been applied frequently due to its onerous requirements for showing of intent. The Panel concluded that it had jurisdiction to hear this case and found that Article VI of GATT and the Anti-Dumping Agreement set forth the exclusive remedies for dumping. The Panel found that the 1916 Act was sufficiently mandatory to constitute a measure within the prior GATT and WTO jurisprudence. The Appellate Body upheld the Panel's findings.

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