|
D
data collection period (AD 2 and AD 3)
absence of provision AD
171, 179, 191,
222
Anti-Dumping Practices Committee Recommendation
(2000) AD 13, 222
legal status AD
175, 222 n. 309
causal link, need for AD 179–80,
189–91,
197
frequency of analysis for AD 3.2 purposes AD 221
length of period for AD 3.2 purposes AD 222
“positive evidence” / “objective examination”
requirement (AD 3.1) and AD 172–3,
180, 189–90,
196–7
public notice of determination (AD 12.2),
inclusion of reasons for AD 13, 830
use of different periods
dumping/injury determinations AD
173, 197
injury factors AD 172
data collection period (AD 5.8)
(determination of negligible import volumes) 8407–8
data collection period (AD 10.6)
AD 733
data collection period (AD 11.3)
(review of anti-dumping duties), specification, relevance AD 788
data collection period (SCM 15.1/15.2)
SCM 423, 438
Decision on implementation-related
concerns (2000)
AD 7 AD 338,
975–6
adoption (Doha 12) WTO
56, 67
AG 15 (special and differential treatment) AG 150
Customs Valuation Agreement (VAL) (para. 8) VAL 69
least-developed countries and: see least-developed
countries (LDCs); Decision on implementation-related concerns (2000) and
as “relevant document” WTO 56
SCM 3.1(a), exemption of least-developed countries
SCM 530
SCM Committee, instructions to SCM 351–2
SPS Agreement (para. 3): see Equivalence,
Decision on Implementation of SPS 4 (26 October 2001)
two-track approach WTO 116
decision-making procedures (WTO IX)
WTO 196–212
authoritative interpretation (WTO IX:2): see interpretation
of covered agreements, responsibility for authoritative (WTO IX:2)
consensus (WTO IX:1) WTO
196, 273
Decision-Making Procedures Under Articles IX and
XII of the WTO Agreement, General Council decision (1995) WTO 196
decisions, procedures and customary
practices under GATT 1947 (WTO XVI:1): see GATT 1947/WTO
continuity; decisions, procedures and customary practices under GATT
1947 (WTO XVI:1)/provisions of legal instruments in force under GATT
1947 (GATT 1994 1(b)) (GATT acquis)
delegations: see composition
of delegation
determination of dumping (AD 2)
calculation of dumping margins (AD 2.4)
averaging periods AD 130–1
calculation of “all other” anti-dumping duty
rate (AD 9.4), applicability to AD 701–2
comparison of weighted average normal value with
weighted average of all comparable export transactions (AD 2.4.2)
AD 116–17, 701–2
“comparable” AD 118–23,
356, 357–9
imposition and collection of anti-dumping duties
(AD 9), relevance AD 142 n. 204
multiple averaging (AD 2.4.2) AD 128–9
non-comparable types AD 124–5
objective assessment for purposes of initiation of
anti-dumping investigation (AD 5.3) and AD 369–70
refund of duties or taxes (AD 2.4.2/GATT VI:4)
GATT 478–9
sampling of domestic transactions AD 126–7
targeted dumping AD 142
zeroing and AD 112–15,
119–23,
688–9
downstream sales AD 26
“margins” of dumping (AD 2.4.2) AD 113–15
“margin of dumping” (GATT VI:2), equivalence
GATT 453
method, right to choose, GATT VI:2 and GATT 463
“zeroing” (AD 9.3/GATT VI:2): see “zeroing”
(AD 9.3/GATT VI:2)
calculation of normal value, factors to be taken
into account (AD 2.1)
AD 3.6 and AD 40
affiliated party transactions AD 25
comparability of price AD 24–5
“like product” AD 24
sale “destined for consumption in exporting
country” AD 24–5
GATT VI:1(a) compared GATT 481
sales “in ordinary course of trade” AD
24, 27–9
calculation of SG&A costs (AD 2.2.2)
actual books and records as basis AD
48, 66
actual data “pertaining to” AD 56
low-volume sales data AD 57–60
non-verifiable data AD 59
“any other reasonable method” (AD 2.2.2(iii))
AD 76
freedom to choose method AD 63
reasonability test, relevance AD 73–5
reasonable reflection of costs associated with the
production and sale of article AD 48
sales not in the normal course of trade, exclusion
AD 69–70
“same general category of products” (AD
2.2.2(i)) AD 65–7
AD 2.2.2 and AD 66
AD 3.6 and AD 67
“weighted average” (AD 2.2.2(ii))
of “actual amounts incurred and realized” AD
69–70
by value or volume AD 71–2
single exporter or producer, sufficiency AD
68,
703
constituent elements, intention and (AD 2/GATT
VI:1) GATT 454
cost data (AD 2.2.1.1)
allocation of costs, need for explanation AD 55
burden of proof AD 51
“in accordance with generally accepting
accounting principles” AD 47
“negative” nature of obligations (“what is
not prohibited…”) AD 49
non-recurring costs (NRCs) AD 52–5
“reasonable period of time” AD 46
“reasonably reflect costs” requirement AD
47,
48
“shall consider all available evidence” AD 50
data collection period: see data collection
period (AD 2 and AD 3)
definitions, “dumping” and “margin of
dumping”, identity of meaning throughout AD Agreement AD
16, 404
export price, construction in absence of
[reliable] actual export price AD 24
fair comparison (AD 2.4) distinguished AD 72
fair comparison of export price and normal value
(AD 2.4)
affiliated party transactions AD 25
construction of normal value (AD 2.2)
distinguished AD 72
determination of individual margins (AD 6.10)
distinguished AD 625 n. 858,
643
“due allowance”
“costs … incurred between importation and
resale” AD 102
differences in “terms and conditions of sale”
AD 98–100
“differences which affect price comparability”
AD 91–7
“in each case, on its merits” AD 88–90
legal effect/ “should also be made” AD 101
risk of bankruptcy, relevance AD 98–100
for unforeseeable costs AD 102
exchange rates and (AD 2.4.1) AD 107
determination of relevant currency AD 109
general “fair comparison” requirement and AD
110–11
when “required” AD 108–9
“fair comparison” AD 80–5
burden of proof AD
80, 89
as independent obligation AD 81
responsibility for AD 103
“shall indicate … what information is
necessary” AD 105–6
zeroing (AD 9.3) and AD 82–5
NMEs and (Note 2 Ad Article VI:1) GATT 455–9,
AD 155–6
accession protocols, inclusion in GATT 455–9,
AD
166–7
as exceptional method GATT
455, 481
preparatory work (VCLT 32) GATT 459
object and purpose AD
80, 102
“sales made at as nearly as possible the same
time” AD 87
investigating authorities’ right to request
information AD 36
“like product” (AD 2.1) AD 20–2
“like product” (AD 2.6) AD
78, 151–4
“normal value … in the ordinary course of
trade” (AD 2.1)
fair exercise of discretion AD 29
prices above or below ordinary course of trade
price AD 31–3
sales not in normal course of trade,
exclusion AD 30
scrutiny rules AD 34
period of investigation (POI)
changes during, relevance AD 14–15
developments during period of investigation,
relevance AD 14–15
extension in course of investigation (AD, Annex
II, para. 1) AD 540
records kept by the exporter or producer under
investigation, limitation to AD 47
relationship between
AD 2 and AD 5 AD 349–54,
356
AD 2.1, 2.3 and 2.4 AD 37
sales not “in the ordinary course of trade”
(AD 2.2)
AD 2.1/GATT VI:1(a) distinguished GATT 481
affiliated party transactions AD 35
alternative methods, possibility of AD
28, 42
low-volume sales and AD 61–2
sales below cost, method for determining whether
(AD 2.2.1) AD 42–5
weighted average (AD 2.2.2(ii)) and AD 69–70
sampling (AD 6.10): see sampling (AD 6.10)
determination of injury (AD 3)
causal relationship, manner of evaluating (AD 3.5)
AD 3.2/AD 3.4 and AD
170, 257
non-attribution to dumped imports of injury caused
by other factors (AD 3.5) AD 275,
276, 283–6
“positive evidence” / “objective examination”
requirement (AD 3.1) and AD 216
SG 4.2(b) compared AD
285, 323, 1010
country by country analysis/cumulative assessment
of volume and prices (AD 3.3) AD 235–40
sunset review (AD 11.3), applicability to AD 796
cumulative assessment (AD 3.3)
applicability to volume and prices analysis (AD
3.2) AD 236, 237
“conditions of competition” (AD 3.3(b)) and AD
239–40
conditions for AD 237–40
rationale AD 238
data collection period: see data collection
period (AD 2 and AD 3)
as detailed version of GATT VI GATT
494, AD 321
domestic production of like product, assessment of
effect on (AD 3.6)
determination of dumping (AD 2.1) and AD 40
sectoral analysis, right to AD 288–90
“dumping” / “margin of dumping”: see “dumping”/
“margin of dumping” (AD 2.1)
evaluation of injury factors (AD 3.4)
adequacy of evaluation AD 264
all relevant economic factors and indices
having a bearing on AD 243
checklist approach AD 265–6
eventual relevance of factor, relevance AD
248,
251
“factors affecting domestic prices” AD 270–1
factors not involving material injury, right to
consider AD 298
factors not listed in AD 3.4, right/obligation to
consider AD 253–6
grammatical structure, relevance AD
247, 250
“growth” AD 272
“having a bearing on” AD
257, 269
“including” AD
247, 249
“or” AD
247, 250
“profits” AD 269
SG 4.2(a) factors and AD 247 n.
343, 251
“shall include” (mandatory/illustrative nature
of list) AD 247–52
consideration of each factor to be “apparent”
in final determination AD 248, 261–3
consideration as a whole AD 252
“domestic industry”
companies outside domestic industry, relevance AD
245–6, 328
domestic producers outside selected example,
relevance AD 244, 328
selective and inconsistent approach to AD 215
“evaluation” AD 258–60
examination of other known factors (AD 3.5) AD 248
illustrative nature of list AD 282
“known” to investigating authority AD 278
“objective examination” requirement (AD 3.1)
and AD 194, 208–9,
243
opportunity for defence of interests (AD 6.2) and
AD 464
sectoral analysis, right to AD 194–5,
243
written record of analysis, need for AD 267–8
“injury” (AG 3 footnote 9), domestic industry
(AD 4) and AD 176, 325,
336
merged companies and SCM 432
methodology, right to choose AD
183, 219, 231
“positive evidence” / “objective examination”
requirement (AD 3.1) AD 181–209,
210–13
AD 17.6 (standard of review) distinguished AD 187
admissibility of undisclosed evidence AD 185–7,
917–18
domestic industry, use of information relating to
AD 215
“dumped imports” and AD 200–7,
241, 277
margin of dumping not greater than de minimis AD
206
“effect of the dumped imports on prices” (AD
3.2) AD 226
evaluation of injury factors (AD 3.4) AD
194, 243,
270–1
exclusion of “like” product as breach AD
217,
225
“facts, not merely allegation, conjecture or
remote possibility” requirement (AD 3.7) and AD 186
non-attribution obligation and AD 216
“objective examination” AD 193
“consequent impact” (AD 3.1(b)) AD 209
industry as a whole, need to examine AD 187
“positive evidence” AD 182–4
price analysis and AD 205
sampling (AD 6.10) and AD 198–9,
203–4
significant increase in dumped imports analysis
(AD 3.2) AD 210–13,
232–3
sunset review (AD 11.3), applicability to AD 768
use of different periods for data collection and
AD 172–3, 180
volume and price effects (AD 3.2) AD 210–13
significant increase in dumped imports (AD 3.2)
cumulative analysis (AD 3.3), applicability AD 236
effect at regional level, sufficiency AD 227
“effect of the dumped imports on prices”,
objective assessment AD 226
frequency of analysis AD 221
imports from other suppliers, relevance AD
217,
225
margin of dumping greater than de minimis,
limitation to AD 206
merged companies and SCM 432
“positive evidence” / “objective examination”
requirement (AD 3.1) AD 210–13,
232–3
price undercutting/suppression analysis AD 205 n.
277, 220, 230–3
“shall consider” AD 224
“significant”, alternative formulations AD
224, 256 n. 360
threat of material injury (AD 3.7)
AD 3.2 and SCM 15.2 factors and AD 301
AD 3.4 factors and AD 298–301
AD 5.3 and AD 363–6
“facts, not merely allegation, conjecture or
remote possibility” AD 186
a “clearly foreseen and imminent” change of
circumstances, need for AD 291–2,
302
“consideration” of facts AD 293–5
“likelihood of substantially increased
importation” (AD 3.7(i)) AD 296
positive evidence requirement (AD 3.1) AD 186
“material injury would occur” / “consequent
impact” AD 297–301
as responsibility of authorities AD
302, 320
“special care” requirement (AD 3.8/SCM 15.8)
AD 305–6, SCM 451–2
underlying principles (AD 3.1) AD 169–70,
177–8,
181
determination of injury (SCM 15)
“all relevant economic factors” (SCM 15.4) SCM
439–42
domestic industry definition (SCM 16), relevance
SCM 442
causal relationship between subsidized imports and
injury to domestic injury (SCM 15.5 and footnote 47)
non-attribution of other factors SCM
444, 445–50
identity of AD 3.5 provisions/applicability of
jurisprudence relating to SCM 445–6
“subsidization” and injury caused by “subsidized
imports” distinguished SCM 372, 443–4
“through the effects of the subsidy” SCM 443–50
“through the effects of the subsidy” (SCM
19.1), identity of meaning SCM 461
data collection period (SCM 15.1/15.2) SCM
423,
438
identity of AD 3 provisions/applicability of
jurisprudence relating to SCM 421,
445–6
“injury” (SCM 15 footnote 45) SCM 372
“positive evidence” / “objective examination”
requirement (SCM 15.1)
see also determination of injury (AD 3),
“positive evidence” / “objective examination” requirement (AD
3.1)
“objective examination” SCM 421–2
as underlying principle SCM 421
price effect determination (SCM 15.2) SCM 433–7
non-attribution of factors other than subject
imports SCM 434
obligation to examine other factors, whether SCM
437
price undercutting SCM
433, 435–6
existence vs cause of SCM 435
methodology for determining SCM 436
significant increase in subsidized imports (SCM
15.2) SCM 429–31
threat of injury (SCM 15.8), “special care”
requirement (AD 3.8/SCM 15.8) SCM 451
underlying principles (SCM 15.1) and SCM 422
determination of serious injury or
threat of, definitions (SG 4.1)
see also “like or directly competitive
product” (SG 2.1/SG 4.1(c))
“serious injury” (SG 4.1(a))
current serious injury SG 122
“material injury” (AD 3, SCM 15.7 and GATT VI)
distinguished GATT 483, SG
3, 117
quota modulation and (SG 5.2(b)) SG 234
as “significant overall impairment” / “very
high standard of injury” SG 116–21,
180
“serious injury” (SG 4.1(a))/ “threat of
serious injury” (SG 4.1(b))
“clearly imminent” SG 123–5,
156
“serious injury” SG 124
simultaneous determinations SG 128
“threat of serious injury” (SG 4.1(b)) SG 123–9
actual increase in imports, need for SG 126–7
data from recent past/throughout investigation
period, relative importance SG 125,
157–8
determination of serious injury or
threat of, evaluation of all relevant factors of objective and
quantifiable nature (SG 4.2(a)) AD 914 n.
1246, SG 118–21,
140–71
all factors listed in SG 4.2(a) SG 143–6
“as a whole” SG 121
consistency of interpretation between SG 4.2(a)
and SG 4.2(b) SG 142
evaluation of injury factors (AD 3.4) and AD 247
n. 343, 251
factors not listed in SG 4.2(a), right/obligation
to examine SG 164–5
“factors other than increased imports” (SG
4.2(b)) SG 58, 74,
77, 173–8,
176
imports from excluded sources as SG
74, 77–8
non-attribution requirement, 14.197–214, 14.331–2:
see also determination of injury (AD 3), evaluation of injury
factors (AD 3.4)
order of analysis, relevance SG 214
factors relating to imports and domestic
industry SG 141–2,
207
obligation of competent authorities to seek
information additional to that supplied by interested parties/ “investigate”
AD 914 n. 1246, SG 92–4,
165, 309
“productivity” SG 163
segmented domestic industry and SG 166–9
reasoned and adequate explanation requirement and
SG 168
determination of serious injury or
threat of (SG 4), requirements
see also “like or directly competitive
product” (SG 2.1/SG 4.1(c)); MFN treatment (GATS II), determination of
violation, requirements; national treatment, services and service
suppliers (GATS XVII), determination of violation, requirements;
national treatment, tax discrimination (GATT III:2), determination of violation, elements
(GATT III:2, first sentence)
customs unions and free trade areas (GATT XXIV)
exception and GATT 1057
“such increased quantities”
“rate and amount of the increase … in absolute
and relative terms” (SG 4.2(a)) SG 25–8
trends SG 26–30,
42–5,
159–61,
170
developing countries: see
also under in addition to immediately following headings balance of
payments difficulties, developing countries’ right to take import
measures (GATT XVIII:B); developing countries (AD
15); developing
countries’ economic development purposes/financial and trade needs (LIC
1.2); dispute settlement, special provisions relating to developing
countries; Enabling Clause (EC), special treatment of least-developed
countries (EC 2(d)); special and differential treatment for developing
countries (Doha); special and differential treatment (VAL 20/VAL, Annex
III); technical cooperation and capacity building
(Doha); Trade, Debt
and Finance Working Group (Doha); Trade and Environment Committee (WTO
IV:7); trade and environment (Doha 31–3)
developing countries (AD 15)
“anti-dumping duties” AD 862
provisional duty or security (AD 10.3)
distinguished AD 862
“constructive remedy”
decision not to impose anti-dumping duties AD 857
lesser duty or price undertaking AD
858, 861
“shall be explored” AD 859–61
whether “material” for purpose of AD 12.2 AD
846
obligations (first sentence) AD 854–5
Tokyo Round Anti-Dumping Code (Art. 13) compared
AD 854 n. 1152
review
Anti-Dumping Practices Committee Recommendation
(2002) AD 853
Doha Declaration AD 852
“special regard” AD 856
developing countries (AG preamble/AG
6.2) AG 4, 77
developing countries (DSU 21.2)
(implementation of DSB recommendations and rulings) DSU 1007–13
“reasonable period” (DSU 21.3(c)) DSU 1007–13,
1064–5, 1067–71
developing countries’ economic
development purposes/financial and trade needs (LIC 1.2)
automatic import licensing, delay in application (LIC
2) LIC 17–18
invocations LIC 17
legal significance LIC 7–10
trade-restrictive or trade-distortive effects (LIC
3.2) and LIC 3, 9
developing countries (GATS IV)
electronic commerce and GATS 49
enquiry/contact points (GATS IV:2) GATS
47, 50–1
telecommunications, right to place reasonable
conditions on GATS 256
developing countries (GPA V)
GPA
20
developing countries (SCM 27)
actionable subsidies (SCM 27.9), nullification or
impairment claims, limitation to SCM 569
de minimis subsidization threshold (SCM
27.10 and 27.11) SCM 570
exemption from SCM 3.1(a) (transitional period) (SCM
27.3)
as authorization of prohibited subsidies (GATT
III:2) SCM 535
termination SCM 536
Illustrative List of Export Subsidies (SCM Annex I
item (k)) and SCM 526
phase out/standstill obligation (SCM 27.4)
applicability (Annex VII)
graduation methodology SCM 681–4
Honduras, addition SCM 680
as non-actionable subsidy (para. 10.2) SCM 342
re-inclusion SCM 685
benchmark period (SCM 27.4 footnote 55) SCM 546
burden of proof SCM 154–6,
553–4
constant or nominal values as determining factor
SCM 545
export competitiveness (SCM 27.6)
exemption from export subsidies (SCM 3.1(a)) and
SCM 530
request for calculation by Secretariat SCM 563
extension of transition period, Decision on
Procedures (Doha) WTO 56, SCM
530, 555–8
adoption WTO 56,
67
relative competitiveness and SCM 530
“grant” (SCM 27.4 footnote 55) SCM 174–7,
542–3
actual expenditure, limitation to SCM 547–8
“inconsistent with its development needs”,
responsibility for determining SCM 550–2
inflation, relevance SCM 545
“prohibited” subsidy status (SCM 3.1(a)) and
SCM 154–6, 527
SCM 25, relevance SCM
524, 530
SCM 27.2(b) and SCM
154, 527–8,
532
SCM 27.5 and SCM 563–6
“shall phase out” SCM 539–41
serious prejudice (SCM 27.8) SCM 568
subsidies, importance to economic development
programmes (SCM 27.1) WTO 4
developing countries (SG 9)
exclusion of developing country exporting less
than de minimis levels (SG 9.1) SG 246–7
as exception to general SG rules SG 68 n. 114
expected effect of measure, relevance SG 247
list of excluded countries, need for SG 246
developing countries (SPS 4),
equivalence SPS 118
developing countries (SPS 7),
procedure to “Enhance Transparency of Special and Differential
Treatment in Favour of developing countries” (SPS 10) SPS 364
developing countries (TRIMs 4)
extension of transition periods (TRIMs 5.3) TRIMs
32–5
General Council direction to give positive
consideration to TRIMs 32
special and differential treatment, implementation
issues TRIMs 41–2
TRIMs 2.1 and TRIMs 22
developing countries (TRIPS)
exclusive marketing rights (TRIPS 70.9), right to
delay application (TRIPS 65.2) TRIPS 293
pharmaceutical and agricultural chemical products,
patent protection (TRIPS 70.8), right to delay (TRIPS 65.2) TRIPS 293
right to delay application (TRIPS 65) TRIPS
186,
288–9, 292
developing countries (WTO Preamble)
(positive efforts to secure a share in growth of international trade)
WTO 4–7
“commensurate with” WTO 7
“positive efforts” WTO 4–6
directly competitive or substitutable
products (GATT III:2)
2.286–305: see also determination of
serious injury or threat of (SG 4), requirements, “like product”
(GATT III:2 and III:4), national treatment, tax discrimination (GATT
III:2), transitional safeguards (ATC 6), serious damage or actual threat
of (ATC 6.2), “domestic industry producing like and/or directly
competitive products”
competition and trade law distinguished GATT 206
“directly” GATT
297, ATC 40, 45
as dynamic relationship (including possibility of
latent demand) GATT 291–7,
335
GATT practice GATT 304
“like products” distinguished/as sub-category
GATT 234, 252–6,
328–30
“like products” as subset GATT 303
methodology of comparison, “grouping” approach
GATT 299–302
nullification or impairment, evidence of DSU 90
object and purpose GATT
290, 292–4
ordinary meaning GATT 291–2
relevant factors GATT 298–300
distribution channels GATT 299
end-uses GATT 298
interchangeability ATC 45
market situation in other countries GATT 289
nature of product GATT 298
physical properties GATT 298–9
potential to compete as determining factor GATT
234, ATC 45
tariff classifications GATT 298
Director-General (WTO)
appointment as WTO 171
rules and procedures WTO 172
Director-General GATT 1947 as WTO 284–5
holders of office WTO 171
role and responsibilities
chair of Trade Negotiations Committee WTO 155
consultation with respect to technical cooperation
and capacity building WTO 111
depositary functions WTO 267
as head of WTO WTO 168
disclosure of confidential information
(GATS IIIbis) GATS 48
discrimination: see arbitrary
or unjustifiable discrimination, GATT XX measure as (GATT XX chapeau);
arbitrary or unjustifiable distinctions resulting in discrimination or
disguised restriction on international trade (SPS 5.5); Enabling
Clause;
MFN treatment (GATS II); MFN treatment (GATT
I); MFN treatment (TRIPS 4); national treatment, regulatory discrimination (GATT
III:4); national
treatment, tax discrimination (GATT III:2); non-discriminatory
administration of QRs (GATT XIII); SPS Agreement, basic rights and
obligations (SPS 2)
dispute settlement (AIR) AIR 30–1
dispute settlement and enforcement
(GATS XXIII)
Decision on Certain Dispute Settlement Procedures
for GATS (1994) GATS 206
roster of panellists, decision not to appoint GATS
207
nullification and impairment (DSU 3.8)
distinguished GATS 203–4,
DSU 99–100
dispute settlement (GATT XXIV,
Understanding 12) GATT 1041–4
dispute settlement (PSI 8) PSI
28
dispute settlement (SCM 30)
see also consultations (SCM 4.1–4);
request for establishment of panel, requirements (SCM 4.4)
special or additional rules or procedures, whether
SCM 578
standard/powers of review (panel) (AD 17.6),
applicability
SCM 578
dispute settlement (SG 14)
SG
304–10
China and: see transitional safeguard
measures (SG) (China) (Accession Protocol 16)
DSU 11, applicability GATT
800, SG 109, 147–53,
305–10, 313
standard of review (DSU 11)
evidence, alleged disregard or distortion by
panel, obligation to examine and evaluate all the evidence
available to it SG 147, 306
“objective assessment of the facts”
de novo review, exclusion VAL 19 n.
34, SG 147, 305,
308
reasoned and adequate explanation (SG 4.2(a)) and
GATT 801, VAL 19 n. 34, SG 148–51,
307–9
dispute settlement, special provisions
relating to developing countries
extension of periods established under DSU 4.7 and
8 (DSU 12.10) DSU 713–15
requirement for specific indication of form in
which account has been taken of special needs (DSU 12.11) DSU 716–19
dispute settlement (TRIPS 64)
DSU, applicability (DSU 1.1) DSU
4, 1551
non-application of non-violation complaints (TRIPS
64.3)
procedure
Council for TRIPS Agreement, role WTO 65
Ministerial Conference, role WTO 65
non-violation and situation complaints, moratorium
TRIPS 282–6, DSU 1551
dispute settlement/enforcement of
specific obligations, exclusion (TRMS A(i)) TPRM
3, 5–6
dissemination of information,
Integrated Data Base (IDB) and Consolidated Tariff Schedules (CTS)
database WTO 135, GATT 185–6
documents: see WTO
documents, General Council Decisions on circulation and derestriction
Doha Development Agenda
Cancún stocktaking WTO 58
Global Trust Fund WTO 188
Doha Round decisions
ACP–EC Partnership Agreement WTO
56, 67
Implementation-Related Issues and Concerns: see
Decision on implementation-related concerns (2000)
Procedures for Extensions under Article 27.4 for
certain developing country Members: see developing countries
(SCM
27), phase out/standstill obligation (SCM 27.4)
summary WTO 38–9
Transitional Regime for the EC Autonomous Tariff
Rate Quotas on Imports of Bananas WTO
56, 67
Doha Round/Work Programme (Doha 17–52)
Decision on Measures in Favour of Least-Developed
Countries (Doha) and WTO 311
July package (2004) WTO
39, 58
residual responsibility for implementation issues
WTO 156
structure as established by TNC WTO 156
Ministerial Conference guidance/discussion, Hong
Kong WTO 59
negotiations, organization and management (paras.
45–52)
see also market access for non-agricultural
products (Doha 16), Negotiating Group on Market
Access, Negotiating
Group on Rules, progressive liberalization negotiations (GATS XIX:3 and
Doha 15), Trade Negotiations Committee (TNC)
“domestic industry” (AD 4)
see also sampling (AD 6.10)
“a major proportion of the total domestic
production” (AD 4.1) AD 329–35
AD 5.4 and AD 380
“domestic producers” (AD 4.1) AD 327–8
authorities’ discretion in choosing AD 335
exclusion of producers not making themselves known
before deadline AD 334
single domestic producer, applicability to AD 327
“injury” (AG 3 footnote 9) and AD
176, 325
interpretation in accordance with AD 4.1,
obligation AD 337
“domestic injury” (SCM 16)
determination of injury (SCM 15) and SCM 422
“domestic industry” (SG 4.1(c)) distinguished
SCM 453
material injury to domestic industry or threat of
(GATT VI:6(a)) and GATT 483
ordinary meaning SCM 453–4
“producers” (SCM 16.1) SCM 453–4
domestic law
see also conformity of laws, regulations
and administrative procedures with WTO obligations, obligation to ensure
(WTO XVI:4); legislation as such, right to challenge (WTO XVI:4)
burden of proof DSU 578
characterization of transactions, appropriateness
as applicable law DSU 528, 1625
as determinant of date of “initiation” SCM 356
as evidence of
compliance with international obligations DSU 526–7,
532, 847
Certain German Interests in Polish Upper
Silesia DSU 526
determination as legal issue DSU 847
interpretation of legislation distinguished DSU
526–7, 529 n. 861
state practice DSU 526
as fact for purposes of international adjudication
AD 602 n. 836, DSU 526–33
decisions of domestic courts, applicability DSU
529
unfinished proceedings, relevance DSU 529
legislative history, relevance DSU 530
interpretation of covered agreements, relevance to
DSU 1623–8
as supplementary means (VCLT 32) DSU 1655 n.
2588,
1655 n. 2589
as justification for failure to fulfil
international obligations, exclusion (VCLT 27) SCM
241, GATS 140, TRIPS
5, DSU 1516–20
domestic regulation (GATS VI)
accountancy services and GATS
45, 60–1
electronic commerce and GATS 58
domestic support (AG 3): see agricultural
concessions and commitments (AG 3)
domestic support commitments (AG 6)
“considered to be in compliance” (AG 6.3) AG
79
SMC 3.1(b) and AG
79, 193–4
Mid-Term Review Agreement (developing countries)
(preamble/AG 6.2) AG 77
Dominican Republic — Import and Sale
of Cigarettes (AB), WT/DS302/AB/R
General Exceptions (GATT XX(d)), measures
necessary to secure compliance with GATT-consistent measure, constituent
elements
“necessary” to secure compliance, balancing of
factors GATT 918
“reasonably available” alternative WTO-consistent
measure GATT 930–2
balancing of factors GATT 930–1
implementation of panel or AB recommendations (DSU
19.1), measure terminated in course of proceedings/no longer in
existence DSU 933
Dominican Republic — Import and Sale
of Cigarettes (Panel), WT/DS302/R
burden of proof (general rules)
defences and exceptions, GATT XV:9(a) GATT 707
exception/affirmative defence GATT 707
exchange arrangements (IMF/WTO) (GATT XV)
consultations (GATT XV:2)
dispute settlement and GATT 703
IMF findings, status GATT 705
“exchange controls or exchange restrictions”
(GATT XV:9(a))
burden of proof (as exception/affirmative defence)
GATT 707
criteria for determining GATT 708
IMF obligation to inform WTO of decisions relating
to, measures other than exchange restrictions, applicability to GATT 712
national treatment, regulatory discrimination
(GATT III:4), “less favourable treatment”, formal equality GATT 373
preparatory work (VCLT 32), GATT II:1(b) GATT 148
publication and administration of trade
regulations (GATT X)
“laws, regulations, judicial decisions and
administrative rulings” (GATT X:1) GATT 512
“shall be published” (GATT X:1) GATT 530
uniform, impartial and reasonable administration
(GATT X:3(a))
“reasonable” GATT 574
“uniform”, “impartial” and “reasonable”
as independent elements GATT 550
Schedules of Concessions (GATT II)
“other duties or charges” (ODCs) (GATT
II:1(b))
definition GATT 148
foreign exchange fees GATT
150, 151
import surcharges GATT 150
recording pursuant to Understanding on Article
II:1(b) GATT 152
Understanding on Article II:1(b), recording of “other
duties and charges” GATT 152
double remedies
anti-dumping vs countailing duties/exclusion of
double remedy (GATT VI:5) GATT 480–1,
SCM 466, DSU 1617
notification to all interested parties of
essential facts (SCM 12.8) and SCM 395
double taxation measures, justification
(Illustrative List, SCM Annex I (item (e)) footnote 59)
applicable law/Member’s right to determine
applicable rules SCM 605–6,
608
international tax law principles SCM 610
burden of proof SCM 613
“foreign-source income” SCM 159–60,
604, 606,
608–9
design, structure and architecture of measures,
relevance SCM 607
international tax law principles and SCM 610
nexus between income and activities in foreign
State, need for SCM 611–12
drafting history: see preparatory
work (VCLT 32)
DSB
access to, limitation to WTO Members DSU 516
appointment of officers WTO 77
collegiate/collective entity DSU 1148 n. 1802
communications to DSB Chairman, procedure DSU 36
decisions
consensus requirement (DSU 2.4) DSU 33
initiation of SCM Annex V procedure, whether DSU
33
functions (DSU 2.1)
“accordingly the DSB shall have authority”
(DSU 2.1) DSU 32
adoption of Panel and AB reports WTO 76
authorization of suspension of concessions and
other obligations under the covered agreements WTO 76
establishment of panels WTO 76
surveillance of implementation of rulings and
recommendations WTO 76
GATT acquis, commitment to adhere to (DSU
3.1) DSU 40, 278
General Council as WTO 76
proper parties DSU 516
Rules of Conduct: see Rules of Conduct
(RoC)
rules of procedure (1995)
adoption WTO 77,
DSU 34
text DSU 35
Special Session for the negotiation of
improvements to and clarifications of the DSU
establishment WTO
78, 156
responsibility for negotiations WTO 156
“single undertaking” principle, as exception
to WTO 78
statements by Members at DSB meetings, legal
effect DSU 26–31
authorized statements for the record DSU 26
“mutually agreed solution” (DSU 3.6), whether
DSU 27
as prohibited unilateral action (DSU 23.1) DSU
29, 1313, 1689
“taking note” of, legal effect DSU 30–1
time-periods, computation
“date of circulation” DSU 37
expiring on a weekend or holiday DSU 38
DSU, applicability
bilateral agreements DSU 419–21
EC — Korea Agreed Minutes DSU 7
EC–US Agreement (1992) DSU 420
Oilseeds Agreement (EC–Brazil) DSU 6
covered agreements (DSU 1.1/DSU 7.2) DSU 1–8
AD Agreement DSU 2–3
AIR Agreement AIR 3,
30–1
DSU (as covered agreement) DSU 4–5
TRIPS Agreement DSU 4,
1551
international agreements other than covered
agreements DSU 421
DSU dispute settlement
compulsory (panel proceedings) vs consensual
(consultations, mediation, good offices and arbitration) DSU 1339
“contentious act” distinguished (DSU 3.10) DSU
102
expeditious arbitration as alternative means (DSU
25.1) DSU 1329, 1337,
1338–9
good faith engagement in: see good faith
engagement in dispute settlement procedures (DSU 3.10)
hierarchical structure DSU 835
obligation to have recourse to (DSU 23.1)
see also unilateral action by Member,
prohibition (DSU 23.1)
as “exclusive jurisdiction” clause DSU
1306,
1310
prohibition of suspensions prior to completion of
DSU 22 procedures DSU 1317
“recourse to, and abide by” DSU
1306, 1310–11
referral to the WCO DSU 1311
“seeking redress of WTO violation” DSU 1305–9
suspension of concessions (DSU 22) as DSU 1308–9
temporary nature of suspension of concessions (DSU
22) and DSU 1319
waiver of rights, possibility of DSU 1304
“positive solution to a dispute” as aim (DSU
3.7) DSU 78, 438
table showing disputes by covered agreement DSU
1746
time-frame (DSU 12.8, 12.9, 17.5 and 20)
indicative nature DSU
710, 995
DSU 21.5 distinguished DSU 711
time-frame (DSU 20)
separate panel reports (DSU 9.2) and DSU 994
table DSU 443, 834,
996
due diligence requirement: see
transitional safeguards (ATC 6), serious damage or actual threat of
(ATC 6.2), due
diligence
due process (anti-dumping measures) (AD
6)
balance of interests considerations AD
438, 443–4,
512, 514,
583, 598,
604, 606,
639
opportunity for defence of interests (AD 6.2) AD
461
time limits and AD 438
as underlying principle AD
80, 186, 425–6
due process (application of trade
measures)
see also public notice and explanation of
determinations (AD 12), as due process requirement
objective criteria, need for GATT 869
due process (countervailing duty
investigation) (SCM 12.7) SCM 390
due process (dispute settlement
proceedings)
see also margin of discretion [in
accordance with due process] (panel) (DSU 12.1 and Appendix 3); third
party rights
amicus curiae briefs and DSU 744
arbitration (DSU 22.6) and DSU
1183, 1210
Article 21.5 proceedings DSU 1143–4
clear presentation of the problem (DSU
6.2)/ability to defend itself and: see request for establishment
of panel, requirements (DSU 6.2), due process/ability to defend itself
considerations
consultations (ATC 6.10) ATC 76
disclosure obligation DSU 573
expert evidence and SPS 423–4,
DSU 601, 613,
1478
good faith obligation (DSU 3.10) DSU
122, 345
late submission of evidence DSU 729
new argumentation, cut-off date DSU
327, 730
notice of appeal (ABWP 20(2)(d)) and DSU
368, 1408–9
notification of nature of case DSU 187
objective assessment obligations (DSU 11) and DSU
613, 618–21,
680
opportunity to respond to evidence/presentations
of other parties SCM 188, 190,
DSU 327, 343,
360, 618, 623–4,
676, 679–80,
694
good faith (DSU 3.10) and DSU 122
timing of submission of evidence (DS 12) and DSU
622–8
panel reports, rationale/reasons (DSU 12.7) and
DSU 703–4
panel working procedures, need for DSU
236, 346,
670–3
panel’s discretion on matters of procedure (DSU
12.1 and Appendix 3) DSU 490–1
prejudice to party, relevance DSU
29, 94, 187,
194, 200 n.
269, 202, 203,
220, 236, 266,
311, 314, 320,
325, 327, 329,
344, 346, 377,
417, 449, 467,
472, 488, 508 n.
828, 665, 670,
674, 734,
749
due restraint (AG 13) (“peace clause”)
domestic support measures conforming with AG 6 (AG
13(b)) AG 133
calculation of AMS (AG 1(a)/Annex 3) AG 144
countervailing duties (AG 13 footnote 4) AG 138
“due restraint” (AG 13(b)(i)) AG 137
elements/order of analysis AG 135
“exempt from actions” (AG 13(b)(ii)) AG 139
“grant” (AG 13(b)(ii)) AG 140
“injury or threat of” (AG 13(b)(i)) AG 136
“measures … not grant[ing] support to a
specific commodity” (AG 13(b)(ii)) AG 141–3
“that decided during the 1992 marketing year”
AG 145–7
export subsidies conforming with AG Part V (AG
13(c)) AG 149
green box measures (AG Annex 2) (AG 13(a)) AG 133
Annex 2, para. 6(b) and 6(e) distinguished AG 198
Annex 2, para. 11 and AG 199
Decision on implementation-related concerns (2000)
AG 150
exemption from GATT XVI and SCM Part III AG 134
measures not qualifying as (Annex 2, para. 6(b))
AG 196–7
special or additional rules and procedures (DSU
1.2 and Appendix 2) and DSU 11
structure AG 133
“dumping” / “margin of dumping”
(AD 2.1)
see also determination of dumping (AD
2);
determination of injury (AD 3)
as exporter-specific concepts GATT
453, AD 690–4
AD 9.3 and AD 690–4
“for purposes of this agreement” /identity of
meaning throughout AD Agreement AD 16–19,
242, 404
product specific requirement AD 17–19
sampling technique and AD 200–2
“dumping” (AD 2.1),
ambiguity/alternatives AD 934–5
|
