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Decisions of the Appellate Body of the World Trade Organization

United States - Transitional Safeguard Measure On Combed Cotton Yarn From Pakistan

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2. Facts

This case arose out of a transitional safeguard measure taken by the US against yarn from Pakistan. The US investigation leading to the measure analysed the period from January 1996 until the end of August 1998. 'The United States relied on data supplied by the American Yarn Spinners Association (AYSA) and on official data collected by the United States' Bureau of Census for the period up to the end of 1997. For the eight-month period from January to August 1998, the competent authority relied exclusively on AYSA data because official Census data for the calendar year 1998 ('1998 Census data') were published only in the course of 1999, after the United States had made its determination. . . .'1

The United States also defined the relevant market to exclude captive production, and did not individually examine the contribution of other states, such as Mexico, to the serious damage to the US industry.

1 Appellate Body Report, para. 62.

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