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US Appeals Compliance Report on India
December 19, 2019 by Mara Lee|World Trade Organization

The World Trade Organization may have its first answer to what happens when a party appeals and there's no appellate body to resolve the dispute. The U.S., which killed the appellate body by not agreeing to appoint any replacements, is appealing a compliance report for a case in which India won the argument that the U.S. antidumping and countervailing case against Indian steel didn't fully follow trade law (see 14081205 and 1706090021).

NFTC Outlines Proposals to Solve WTO Appellate Body 'Crisis'
December 19, 2019 |World Trade Organization

World Trade Organization members should take several steps to resolve the WTO’s dispute settlement system “crisis” (see 1912090031), including better enforcement of the 90-day time frame for appeals and prohibitions on advisory opinions, according to a report by Bruce Hirsch of Tailwind Global Strategies and commissioned by the National Foreign Trade Council that was released Dec. 17. WTO members should also consider issuing guidance on Articles 3.2 and 19.2 of the Dispute Settlement Understanding to clarify that it “does not justify expanding or narrowing the reach of WTO provisions or filling gaps.” In addition, “customary rules of interpretation of public international law” should “not justify gap-filling and expanding or narrowing the reach of WTO provisions,” the report said, and members should better address disagreements surrounding the appellate body’s findings on antidumping issues. Lastly, members should direct the body to “reject party arguments that expand or narrow the reach of agreement provisions or fill gaps in agreements.”

EU Updates European Customs Data Model
December 18, 2019 |Europe

The European Union’s Directorate General for Taxation and Customs Union recently posted version 5.1 of the European Customs Data Model to its website, it said in a Dec. 16 press release. The new version includes recent changes for goods subject to antidumping or countervailing duties that are transported to artificial islands, fixed or floating installations directly from outside the EU, the release said.

EU Doubles Duties on Chinese Companies Helping Evade AD Duties on Tableware
December 13, 2019 |Europe

The European Commission will double the tariffs on tableware from more than 30 companies in China that were found to have helped other Chinese companies avoid the existing antidumping duties on tableware, it said in a news release. “The investigation has confirmed that Chinese companies are evading anti-dumping duties of around 36% by channelling their ceramic exports through other companies that were subject to lower anti-dumping duties of around 18%,” it said. As a result, those companies will also be subject to the higher duty rate. The new rate will apply from March 21, 2019, and the EC will collect about €15 million ($16.7 million equivalent) in retroactive duties, it said. “This is the Commission’s largest anti-circumvention investigation to date,” the EC said. “It involved very significant resources, with 20 Commission investigators carrying out on spot verifications at 50 Chinese companies.”