WTO Adopts Appellate Body Report in US-China CVD Dispute

The World Trade Organization (WTO) Dispute Settlement Body (DSB) held a meeting on Friday at which it adopted the Appellate Body's report addressing the impostion by the United States of countervailing duties (CVDs) on certain products from China (WT/DS437/AB/R).  In that report, the Appellate Body addresses the proper methodology for determining what constitutes a "public body"; how to evaluate a market distortion in deciding whether the provision of a financial contribution has conferred a benefit; adverse facts available determinations; and the issue of specificity.

Both the United States and Canada, participating as a third party, expressed concern regarding the delay in the completion of the proceedings and the procedures followed by the Appellate Body.  Canada suggested a need to address the Appellate Body's workload. 

Also at that meeting, the United States outlined its plans to implement the recommendations of the DSB in the  dispute “United States — Countervailing  Measures on Certain Hot-Rolled Carbon Steel Flat Products from India (DS436)”.  For more information regarding both these matters, visit the WTO website.

(cgb)