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Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India


Status: Pending

Subject: Countervailing Duty,

Respondent: United States

Complainant(s): India,

Third Parties: Canada, China, European Union, Saudi Arabia, Turkey, Australia,

Dispute Number: DS436

Link to Dispute Site: http://wto.org/english/tratop_e/dispu_e/cases_e/ds436_e.htm



Consultations

Complaint by India.

On 24 April 2012, India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).

India challenges countervailing duties levied on those products through various instruments, as well as provisions of the US Tariff Act and Code of Federal Regulations on customs duties. India claims that the countervailing duty investigation and related measures are inconsistent with Articles I and VI of the GATT 1994 and with Articles 1, 2, 10, 11, 12, 13, 14, 15, 19, 21 and 22 of the SCM Agreement. India also claims that the challenged provisions of US Law are inconsistent “as such” with Articles 12, 14, 15, 19 and 32 of the SCM Agreement.

On 7 May 2012, Canada requested to join the consultations.

On 12 July 2012, India requested the establishment of a panel. At its meeting on 23 July 2012, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 31 August 2012, the DSB established a panel. Australia, Canada, China, the European Union, Saudi Arabia and Turkey reserved their third-party rights. On 7 February 2013, India requested the Director-General to determine the composition of the panel. On 18 February 2013, the Director-General composed the panel.

 

Panel Proceedings
Brief Date Brief Description
11/01/2013 Answers of the United States to the Panel’s Questions Following the Second Panel Hearing
08/23/2013 Comments of the United States on China’s Responses to the Panel’s Questions Following the Second Meeting
08/09/2013 Responses of the United States to the Panel’s Questions Following the Second Meeting
10/16/2013 Executive Summary of the Opening Statement of the United States at the Second Panel Hearing
10/08/2013 Opening Statement of the United States at the Second Panel Hearing
08/19/2013 Executive Summary of the Second Written Submission of the United States
08/12/2013 Second Written Submission of the United States
07/26/2013 Answers of the United States to the Panel’s Questions Following the First Panel Hearing
07/09/2013 Opening Statement of the United States at the First Panel Hearing
05/17/2013 Responses of the United States to the Panel’s Questions Following the First Meeting
05/13/2013 Executive Summary of the First Written Submission of the United States
05/03/2013 First Written Submission of the United States
Appellate Proceedings
Brief Date Brief Description
09/24/2014 Opening Statement of the United States
09/01/2014 Appellee Submission of the United States
09/01/2014 Executive Summary of the Appellee Submission of the United States
08/13/2014 Other Appellant Submission of the United States
Article 21.5 Panel Proceedings
Brief Date Brief Description
03/08/2019 U.S. Executive Summary 
03/01/2019 U.S. Comments on India Answers to Panel Questions Following the Panel Meeting
02/15/2019 U.S. Answers to Panel Questions Following the Panel Meeting
01/31/2019 Closing Statement at the Panel Meeting with the Parties
01/30/2019 Opening Statement at the Panel Meeting with the Parties
09/14/2018 U.S. First Written Submission