Sunday, March 13, 2011
On Friday, the Appellate Body of the World Trade Organization (WTO) issued its report in United States-Definitive Anti-dumping and Countervailing Duties on Certain Products from China (DS379) upholding the panel's findings in part and reversing them in part. There are some interesting discussions in the opinion regarding what constitutes a "public body" within the meaning of Article 1 of the Subsidies and Countervailing Measures (SCM) Agreement, as well as whether the imposition of both dumping and countervailing duties on the same products constitutes double penalties contrary to the SCM Agreement. Ultimately, the AB determined that the United States acted contrary to its obligations under the WTO Agreements and, thus, recommended that the United States bring these measures into conformity. To read the opinion in full, click here.