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15/02/2018 - WTO Arbitrator determines “reasonable period of time” in US - China anti - dumping dispute

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: WTO - arbitrator - US China anti dumping dispute

On January 19th, 2018, an Arbitrator issued his award about the “reasonable period of time” for implementing the recommendations and rulings of the Dispute Settlement Body in the dispute “United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China” (WT/DS471). The Arbitrator said that the “reasonable period of time” for the U.S.A. to implement the DSB’s recommendations and rulings is fifteen months from the adoption of the panel and Appellate Body Reports in this dispute. Factors affecting the duration of the reasonable period of time are considered, in particular, the number of modifications to the challenged measures, the procedural requirements under United States law, the complexity of the issues involved, and the current resource demands and constraints on the USDOC. The United States highlights the breadth and complexity of the DSB’s recommendations, in particular in light of the “as applied” findings, which relate to 38 anti-dumping determinations, and the significant additional analysis that the USDOC will likely be required to undertake. The “R.P.T.” will expire on August 22nd, 2018.