GD/251
United States - Imposition of Anti-dumping Duties on Imports of Fresh and Chilled Atlantic Salmon from Norway
Other titles
US Norwegian Salmon AD (Source: GATT Analytical Index)
Products at Issue
| Products at issue |
Salmon
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| Type of product |
Non-agricultural
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| Product sub-type |
Fish and fish products
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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 |
| Chairperson | Janusz Kaczurba (Poland) |
| Other members | Peter Gulbransen (Australia), Meinhard Hilf (Germany, Fed. Rep.) |
| Type | Panel |
| 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) | 218 (and 16 annex) |
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Timeline
| Request for consultations | |
| Request for conciliation | |
| Conciliation meeting | |
| Request for establishment | |
| Establishment | |
| Composition | |
| Report | |
| Adoption of report |
Outcome
| Outcome of the proceedings |
Report adopted
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| Additional Info | ADP/87 (23/10/1992) Committee on Anti-Dumping Practices - United States - Imposition of Anti-Dumping Duties on Imports of Fresh and Chilled Atlantic Salmon from Norway - Report of the Panel: The Panel made the following conclusions: - The initiation of the antidumping investigation was not inconsistent with the obligations of the United States under Article 5:1 of the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade (the Agreement). - The United States had not acted inconsistently with its obligations under Article 6:1 of the Agreement with respect to the time period granted to the Norwegian exporters to respond to Section A of the questionnaire of the Department of Commerce. - The United States had not acted inconsistently with Article 6:1 of the Agreement with respect to the issue raised by Norway concerning the opportunities for exporters to present evidence concerning the calculation of costs of production of the Norwegian salmon farmers. - By using constructed normal values rather than export prices of Atlantic salmon sold to third countries for the purpose of determining normal values for seven of the exporters under investigation, the United States had not acted inconsistently with its obligations under Article 2:4 the Agreement. - By including in the constructed values the costs of production incurred by the Norwegian farmers of Atlantic salmon, rather than the costs of acquisition incurred by the Norwegian exporters of Atlantic salmon, the United States had not acted inconsistently with its obligations under Article 2:4 of the Agreement. - The United States had acted inconsistently with its obligations under Article 2:4 of the Agreement with respect to the calculation of the cost of production in the country of origin, by reason of the apparent failure of the Department of Commerce to consider the question of the number of the farms to be included in the samples from the perspective of how the Department was to ensure that these samples would be representative. - In deciding not to stratify the samples of farms by farm size, the United States had not acted inconsistently with its obligations under Article 2:4 of the Agreement. The question of a possible inconsistency with Article 8:3 therefore did not arise. - The Department of Commerce had not acted unreasonably in the light of the information before it when it decided that there was no basis to assign a greater weight to the cost of production figures of the large farms in the sample than to the costs of production figures of the small farms. Therefore, in determining that a simple average of the costs of production figures of the farms in the sample would be more representative of industry-wide costs than a weighted average, the United States had not acted inconsistently with Article 2:4 of the Agreement. The question of a possible inconsistency with Article 8:3 therefore did not arise. - The United States had not acted within its rights under Article 6:8 by imputing to Nordsvalaks the highest costs of production figure found for any other farm in the sample without considering how this would affect the representativeness of the results of the sample, and had thereby acted inconsistently with its obligations under Article 2:4 of the Agreement. - By including a freezing charge of NOK 5/Kg. in the computation of the costs of production of Atlantic salmon, the United States had not acted inconsistently with its obligations under Article 2:4 of the Agreement. - The Department of Commerce had not properly considered the role of differences in weight as a factor which possibly affected the comparability between the constructed normal values and export prices and for which due allowance might have to be made under Article 2:6 of the Agreement. This aspect of the final determination of dumping was inconsistent with the obligations of the United States under Article 2:6 of the Agreement. - In comparing average normal values to individual export prices, the United States had not acted inconsistently with its obligations under Article 2:6 of the Agreement. The question of a possible inconsistency with Article 8:3 therefore did not arise. - The imposition by the United States of the anti-dumping duty order on imports of fresh and chilled Atlantic salmon from Norway was not inconsistent with the obligations of the United States under the Agreement by reason of the affirmative final determination of injury by the USITC. - The continued imposition of anti-dumping duties on imports of fresh and chilled Atlantic salmon from Norway was not inconsistent with the obligations of the United States under Article 9:1 of the Agreement. ADP/M/40 (15/09/1993) Minutes of AD Committee Meeting (26-27/04/1993) The US agreed to adopt the Report but Norway was not in favour of the adoption. The Committee to revert to the report at a future meeting. |