Decisions of the Appellate Body of the World Trade Organization Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States Recourse to Article 21.5 of the DSU by the United States 2. Facts This case, of course, arose from Mexico's efforts to comply with a Dispute Settlement Body determination based upon an earlier panel and Appellate Body determination. On 20 September 2000, Mexico published a revised final resolution (the 'redetermination') which revised the original final resolution imposing definitive anti-dumping duties on imports of high fructose corn syrup from the United States. 'In the redetermination, Mexico's Secretariat of Commerce and Industrial Development (SECOFI) "ratified its conclusion that during the period under investigation, there was a threat of injury to the domestic sugar industry as a consequence of imports of high fructose corn syrup under price discriminatory conditions originating from the United States of America". SECOFI, thus, found "that it is appropriate to maintain the final offsetting duties established during the [original] anti-dumping investigation".''1 In the original proceedings, the US had argued that US exporters had learned of the alleged existence of an agreement (the 'restraint agreement') between Mexican sugar millers and Mexican soft-drink bottlers. Under this alleged agreement, Mexican soft-drink bottlers had undertaken to limit their consumption of HFCS while Mexican sugar millers had agreed to reduce the prices at which sugar was supplied to these bottlers. SECOFI did not determine whether the restraint agreement existed, but, assuming that it did, found that it would not eliminate the possibility of threat of material injury. 1 Appellate Body Report, para. 3, citing the Redetermination (citations omitted).
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