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European Union — Anti-Dumping Measures on Imports of Certain Fatty Alcohols (Indonesia)


Status: Pending

Subject: Anti-dumping Measures, Fatty alcohols,

Respondent: European Union

Complainant(s): Indonesia,

Third Parties: United States, Turkey, Korea, India, Malaysia, Thailand,

Dispute Number: DS442

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds442_e.htm



On July 27, 2012, Indonesia requested consultations with the European Union with respect to the imposition of definitive and provisional anti-dumping measures by the European Union on the importation of fatty alcohols and with respect to certain aspects of the investigation underlying these measures.

The definitive measure challenged by Indonesia was imposed pursuant to Council Implementing Regulation (EU) No 1138/2011 of November 8, 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia, OJ L 293, 11.11.2011, p.1.  The provisional measure challenged by Indonesia was imposed pursuant to Commission Regulation (EU) No 446/2011 of May 10, 2011 imposing a provisional anti-dumping duty on imports of certain fatty alcohols and their blends originating in India, Indonesia, and Malaysia, OJ L 122, 11.5.2011, p. 47.  The investigation was initiated pursuant to the Notice of initiation of an anti-dumping proceeding concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia, OJ C 219, 13.8.2010, p. 12.

In its consultations request, Indonesia claims that the measures are inconsistent with:

•Articles 1, 2.3, 2.4, 2.6, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 5.8, 6.7, 6.9, 9.2, 9.4, 18 of the Anti‑Dumping Agreement; and  

•Articles VI and X:3(a) of the GATT 1994.

On May 1, 2013, Indonesia requested the establishment of a panel.  At its meeting on June 25, 2013, the DSB established a panel.  India, Korea Malaysia, Thailand, Turkey, and the United States have reserved their third party rights.  On December 8, 2014, Indonesia requested the Director-General to determine the composition of the panel.  On December 18, 2014, the Director-General composed the panel. 

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Panel Proceedings
Brief Date Brief Description
01/11/2016 U.S. Executive Summary of Third Party Submission
10/062015 Third Party Submission of the United States

 

 

Appellate Proceedings
Brief Date Brief Description
06/20/2017 U.S. Third Participant Closing Oral Statement 
06/19/2017 U.S. Third Participant Opening Oral Statement 
03/03/2017 U.S. Third Participant Submission
03/03/2017 Executive Summary of U.S. Third Participant Submission