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Decisions of the Appellate Body of the World Trade Organization

European Communities - Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil

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WTO Appellate Body Report: European Communities - Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil, adopted 18 August 2003. Brazil, Appellant; European Communities, Appellee; Chile, Japan, Mexico and US. Division: Ganesan, Baptista and Sacerdoti. Major Topics Addressed by the Appellate Body: (i) effect of devaluation during period of investigation; (ii) inclusion of actual data relating to `low volume' sales in determining amounts for administrative, selling and general costs for construction of normal value; (iii) requirement to evaluate volume and prices of dumped imports from each country individually as a precondition to cumulation under Art. 3.3 of the Anti-Dumping Agreement; (iv) evidence of consideration of factors listed in Art. 3.4 of the Anti-Dumping Agreement under Art. 17.6(i) of the Anti-Dumping Agreement; (iv) disclosure of investigation information under Arts. 6.2 and 6.4 of the Anti-Dumping Agreement; (v) implicit analysis of growth factor under Art. 3.4; and (vi) evaluation of cost efficiency as an other known causal factor under Art. 3.5.

1. Abstract

This decision involved a number of issues relating to the requirements for investigations under the Anti-Dumping Agreement. As the Appellate Body responds to these issues, it develops a more precise understanding of the requirements of the Anti-Dumping Agreement. For example, Brazil raised the issue of the correct treatment of a devaluation during the period of investigation, and the implications of the devaluation for the possibility of future dumping. In connection with two other issues, the Appellate Body declined to `read into' the Anti-Dumping Agreement specific requirements for the method or manner of investigation where these were not specified in the agreement itself.

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