Decisions of the Appellate Body of the World Trade Organization

Thailand-Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland

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Joel P. Trachtman

WTO Appellate Body Report: Thailand-Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland, AB-2000-12 WT/DS122/AB/R (00-1134), adopted by Dispute Settlement Body, 5 April 2001. Thailand, Appellant, Poland, Appellee, European Communities, Japan and United States, Third Participants. Division: Ganesan, Lacarte-Mur_, and Taniguchi. Major Topics Addressed by Appellate Body: Investigations under Article 3.1 of the Anti-Dumping Agreement; Standard of Review under Article 17.6 of the Anti-Dumping Agreement; Sufficiency of Request for a Panel under Article 6.2 of the Dispute Settlement Understanding.

1. Abstract

This case related to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"). The Appellate Body first examined the degree of detail required in a request for a panel, finding that the degree of detail would vary under the circumstances, but that there may be circumstances where a mere reference to a treaty provision alleged to be violated would be sufficient. The Appellate Body concluded that the Panel erred in finding that Articles 3.1 and 17.6 of the Anti-Dumping Agreement requires that the reasoning and facts supporting the determination must be stated in the documents available to the parties at the time of the final determination. The Appellate Body found that a panel reviewing a national determination for compliance should consider all the evidence and reasoning used by the national authorities.

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This file was last modified: Wednesday, April 03, 2002 04:16PM