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 Download the Complete Survey (RTF Format) Full Text of the WTO Appellate Body Report (PDF Format)* Joel P. Trachtman WTO Appellate Body Report: 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, AB-2001-5, WT/DS132/AB/RW, Adopted by Dispute Settlement Body, 21 November 2001. Mexico, Appellant; United States, Appellee; European Communities, Third Participant. Division: Feliciano, Abi-Saab and Ehlermann. Major Topics Addressed by Appellate Body: Application of Consultation Requirement under Article 4.7 of the Dispute Settlement Understanding in Article 21.5 Proceedings; Threat of Material Injury under the Anti-Dumping Agreement; Reasoning of the Panel under Article 12.7 of the Dispute Settlement Understanding. 1. Abstract As to the requirement of prior consultations under Article 4.7 of the DSU in an Article 21.5 proceeding, the Appellate Body did not confirm that this requirement applies. However, it did confirm that it is possible explicitly or implicitly to waive consultation, and that Mexico had done so by failing to raise its objection explicitly. * provided by WorldTradeLaw.net
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