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European Union – Measures Related to Price Comparison Methodologies


Key Facts

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Short Title: EU – Price Comparison Methodologies
Respondent: European Union
Third Parties: Brazil; Canada; Colombia; Ecuador; Mexico; United States; Chinese Taipei; Turkey; United Arab Emirates; Korea; India; Australia; Indonesia;
Complaintant(s): China;
Dispute Number: DS516
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds516_e.htm
Dispute Subject(s): GATT 1994;
Dispute Status: Pending


On December 12, 2016, China requested consultations with the European Union (EU) concerning certain provisions of the EU regulation pertaining to the determination of normal value for non-market economy countries in anti-dumping proceedings involving products from China.

China claims that the measures appear to be inconsistent with:

• Articles 2.1 and 2.2 of the Anti-Dumping Agreement; and

• Articles I:1 and VI:1 of the GATT 1994.

On December 20, 2016, Viet Nam requested to join the consultations.  On December 22, 2016, Australia, Canada, Japan, Russia, and the United States requested to join the consultations.  On January 4, 2017, Mexico requested to join the consultations.

On March 9, 2017, China requested the establishment of a panel.  At its meeting on March 21, 2017, the DSB deferred the establishment of a panel.  At its meeting on April 3, 2017, the DSB established a panel.  Australia, Bahrain, Brazil, Canada, Colombia, Ecuador, India, Indonesia, Japan, Kazakhstan, Korea, Mexico, Norway, Russia, Chinese Taipei, Tajikistan, Turkey, the United Arab Emirates, and the United States reserved their third-party rights. 

On June 29, 2017, China requested the WTO Director-General to compose the panel.  On July 10, 2017, the Director-General composed the panel.

The first panel meeting with the parties, including the third-party session, is scheduled for December 6-7, 2017.

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Panel Proceedings
Brief Date Brief Description
07/03/2018 U.S. Third Party Executive Summary
06/15/2018

U.S. Third Party Answers to Panel Questions after the Second Panel Meeting

06/15/2018 U.S. Third Party Answers to EU Questions after the Second Panel Meeting 
5/16/2018 U.S. Third Party Statement at the Second Panel Meeting
1/19/2018 U.S. Third Party Answers to Panel Questions Following the First Panel Meeting 
1/19/2018 U.S. Third Party Answers to EU Questions Following the First Panel Meeting 
11/22/2017 U.S. Third Party Submission 
11/13/2017 Legal Interpretation  –  GATT 1994 Article VI:1 - Second Note Ad Article VI:1 - Practice of GATT Contracting Parties - Accessions to GATT - ADA Article 2 - and Section 15 China WTO Accession Protocol