GD/23
Swedish Anti-dumping Duties
Other titles
Sweden AD Duties (Source: GATT Analytical Index)
Products at Issue
| Products at issue |
Nylon stockings
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| Type of product |
Non-agricultural
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| Product sub-type |
Textiles and Apparel
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Related disputes
| GATT | |
| WTO |
Key legal aspects
| Legal basis |
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| Claims raised |
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| Defences raised |
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Adjudicators
| Type | Panel on Complaints |
| Chairperson | L.K. Jha (India) |
| Other members | Mr. G.A. Rattigan (Australia), Alvaro Muñoz (Chile), Gunnar Seidenfaden (Denmark), Dr. H.E. Priester (Dominican Republic), Salvador Ortiz (Dominican Republic), Mr. Johnsen (New Zealand), G. J. F. Steyn (South Africa), Mr. Jayasuriya (Ceylon), R.C.S. Koelmeyer (Ceylon) |
| Type | Panel on Complaints |
| Legal basis at issue |
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| Claims at issue |
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| Defences at issue |
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| No of Pages (total / legal reasoning) | 10 |
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Timeline
| Request for consultations | |
| Request for establishment | |
| Establishment | |
| Composition | |
| Report | |
| Adoption of report |
Outcome
| Outcome of the proceedings |
Report adopted
|
| Additional Info | L/328 (23/02/1955) Contracting Parties - Ninth Session - [28 October 1954-7 March 1955] - Swedish Anti-Dumping Duties - Report of the Panel on Complaints: The Panel examined the complaint of the Italian Government that the Swedish anti-dumping regulations on the importation of ladies' stockings of nylon or similar synthetic fibers were not consistent with Sweden's obligations under the General Agreement and that the administration of those regulations impaired the benefits which should accrue to Italy under that Agreement. The Swedish Customs Authorities could exempt from anti-dumping enquiries any consignment the price of which was higher than a basic price set by the Swedish Government; the actual levying of the anti-dumping duty was related to the concept of normal value and the anti-dumping duty was assessed in relation to the basic price only when that price was lower than the normal value of the imported product. The Panel concluded that the basic price system was not inconsistent with the MFN clause or with the provisions of Article VI, but that, in practice, the administration of that system could easily run into conflict with those obligations. Unless the customs authorities were prepared to decide on the alleged cases of dumping in a matter of days after arrival of the consignment, and unless the basic prices were constantly kept under review to make sure that they did not exceed the actual prices prevailing for all the varieties of stockings on the domestic markets of the most efficient producer, there was a certain danger of discrimination against low-cost producers in individual cases. Constant supervision of the operation of the scheme would also be necessary in order to avoid that it might be turned into a general protection against low-cost producers, even in the absence of dumping practices. The Panel advised that the Contracting Parties recommend (a) that the Swedish Government consider ways and means of improving the administration of its anti-dumping decree, so as to minimize the delays and other impediments to the exports of Italian nylon stockings to Sweden; and (b) that the Governments of Italy and Sweden make the necessary arrangements to facilitate an enquiry by the Swedish authorities to clarify the various points of fact on which the two governments hold different views, with a view to determining whether Italian nylon stockings are being exported to Sweden at a price less than their normal value and that they take such action as may be necessary in the light of those conclusion. |