WTO Dispute Panel Finds China In Violation Of Anti-Dumping Agreement
4 March 2013
Mayer Brown Legal Update
In a February 26, 2013 report, a panel formed by the World Trade Organization (“WTO”)’s Dispute Settlement Body issued its report in a dispute brought by the European Union (“EU”) challenging anti-dumping duties imposed by China on x-ray security inspection equipment imported from the EU. The Panel largely agreed with the EU that several procedural and substantive aspects of China’s anti-dumping investigation were inconsistent with requirements of the WTO’s Anti-Dumping Agreement. Specifically, the Panel found that China did not base its decision to impose the duties on an objective assessment of the evidence and failed to adequately explain its findings to the companies involved. The Panel identified nine separate violations of the WTO Anti-Dumping Agreement by China, and recommended China bring its determination into conformity with its obligations under the Agreement.