Decisions of the Appellate Body of the World Trade Organization United States-Continued Dumping and Subsidy Offset Act of 2000 Download the Complete Survey (PDF Format) * WTO Appellate Body Report: United States-Continued Dumping and Subsidy Offset Act of 2000, WT/DS217,234/AB/R, adopted 27 January 2003. United States, Appellant; Australia, Brazil, Canada, Chile, European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand, Appellees; Argentina, Costa Rica, Hong Kong (China), Israel and Norway, Third Participants. Division: Sacerdoti, Baptista, Lockhart. Major Topics Addressed by the Appellate Body: scope of impermissible `specific actions against' dumping or subsidies under Article 18.1 of the Anti-Dumping Agreement and Article 32.1 of the SCM Agreement; incentives for industry support under Article 5.4 of the Anti-Dumping Agreement and Article 11.4 of the SCM Agreement; good faith. 1. Abstract This case involved the `Byrd Amendment' or U.S. Continued Dumping and Subsidy Offset Act of 2000 (`CDSOA'). The complaining states charged that this U.S. measure violated the provisions of the Anti-Dumping Agreement and SCM Agreement prohibiting `specific action against' dumping or subsidies except in accordance with GATT as interpreted by those agreements. The Appellate Body found that the CDSOA is a specific action against dumping and subsidies, as it provides disincentives for exporters to dump or receive subsidies. It also found that the CDSOA did not violate the provisions of those agreements requiring certain levels of domestic industry support for applications for anti-dumping duties or countervailing duties, by providing incentives for domestic industry to support applications. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems
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