GD/115

United States - Imposition of Countervailing Duty without Injury Criterion/Industrial Fasteners Imported from India

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Other titles

US CVD (India) (Source: GATT Analytical Index)

Parties

Complainant
India
Respondent
United States
Third Parties

Products at Issue

Products at issue
Industrial fasteners
Type of product
Non-agricultural
Product sub-type
Steel products

Related disputes

GATT
Related GD
GD/132
WTO

Key legal aspects

Legal basis
  • GATT Article XXII:1
Claims raised
  • GATT Article I
  • GATT Article VI
Defences raised
  • SCM Article 19:9

Adjudicators

Type Panel
Chairperson H. Ewerlöf (Sweden)
Other members Alejandro Jara (Chile), T. Flory (France), G. Maggio (Italy), Gerard Curzon (United Kingdom)

Report

Type Panel
Legal basis at issue
  • GATT Article XXII:1
Claims at issue
  • GATT Article I
  • GATT Article VI
Defences at issue
  • SCM Article 19:9
No of Pages (total / legal reasoning) 1
  • -
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure

Timeline

Request for consultations
Request for establishment
Establishment
Composition
Report
Adoption of report
Mutually agreed solution
Request withdrawn

Outcome

Outcome of the proceedings
Withdrawal or modification of measure, report adopted, mutually agreed solution, request withdrawn
Additional Info L/5192 (30/09/1981) Report of the Panel: The matter concerned the complaint by India that the United States action to levy countervailing duties on imports of dutiable products from India without applying injury criteria referred to in paragraph 6 of Article VI, while extending the benefit of such criteria to imports from some other contracting parties, was not consistent with the obligations of the United States under GATT, including the provisions of Article I thereof, and that the benefits accruing to India under the General Agreement were thereby being nullified or impaired. The members of the Panel were informed that, as a result of bilateral consultations between India and the United States, the matter referred to the Panel had been satisfactorily resolved and that India requested that the proceedings of the Panel be terminated (see document L/5061/Add.1). Panel recommended to the Council that the proceedings be terminated.

Note: The Report of the Panel (L/5192) reported a mutually agreed solution.