Decisions of the Appellate Body of the World Trade Organization European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India-Recourse to Article 21.5 of the DSU by India Download the Complete Survey (PDF Format) * WTO Appellate Body Report: European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India-Recourse to Article 21.5 of the DSU by India, WT/DS141/AB/RW, adopted 24 April 2003. India, Appellant; European Communities, Appellee; Japan, Korea and US, Third Participants. Division: Abi-Saab, Bacchus and Taniguchi. Major Topics Addressed by the Appellate Body: (i) examination in Art. 21.5 proceedings of matter not pursued in original proceedings; (ii) calculation of volume of dumped imports, for purposes of determining injury, under Arts. 3.1 and 3.2 of the Anti-Dumping Agreement, and (iii) information on `all relevant economic factors' listed in Art. 3.4 of the Anti-Dumping Agreement. 1. Abstract This Article 21.5 proceeding considered a complaint by India with respect to the consistency with certain provisions of the Anti-Dumping Agreement and the DSU of measures taken by the EC to comply with the decision of the DSB in EC-Bed Linen.1 The Appellate Body found that a claim that India had made but not pursued at the original panel level had been finally decided by the adoption of the original reports, and therefore was not properly before the Article 21.5 panel. The Appellate Body found that the EC violated its obligation to make an objective examination based on positive evidence under Arts. 3.1 and 3.2 by including all imports from India in `dumped imports' for purposes of making a determination of injury, despite the fact that the investigations showed that only some Indian exporters were involved in dumping. 1 WT/DS141/RW, November 19, 2002. The Article 21.5 panelists were Dariusz Rosati, Paul O'Connor, and Virachai Plasai. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems
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