Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



China Files WTO Case Against EU AD/CVD Duties Against Fasteners

On July 31, 2009, China took the step that we have been expecting for some time. China has filed a request for consultations with the World Trade Organization regarding the EU final determinations in the fasteners AD/CVD case. Bloomberg reports at http://www.bloomberg.com/apps/news?pid=20601087&sid=aSgp6MpXLw3Q that:

China filed its first complaint against the European Union at the World Trade Organization, saying EU anti-dumping duties on Chinese screws and bolts break global commerce rules.

The EU decided in January to impose the five-year tariffs on imports of Chinese iron or steel fasteners worth about 575 million euros ($809 million) in 2007. The 27-nation bloc said at the time that the levies would “prevent further distortions and restore fair competition.” China said EU rivals haven't been sufficiently harmed to justify the trade protection.

The EU “failed to comply with the relevant WTO rules in the process starting from initiation, investigation to the final determination,” China���s WTO mission said in an e-mailed statement from Geneva today. “The determinations made are neither impartial nor transparent, which infringes the legitimate commercial interests of over 1,700 Chinese fastener producers.”

We would like to clarify that this case is not the first case that China has filed at the WTO. It is the first case against the European Union. China has been the complainant in 4 cases. Please go to the following link to see the list of cases - http://www.wto.org/english/tratop_e/dispu_e/dispu_by_country_e.htm

It is not clear from the news reports whether china is challenging the antidumping determination or the injury determination. The request for consultations will be pubic in a few days.

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