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No Timescale Yet for EU Action on WTO Report
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2011-10-30

The European Union has confirmed its intentions to implement the recommendations and rulings of the WTO Dispute Settlement Body regarding its anti-dumping measures on fasteners from China, but there is no indication yet of a timescale.

On 28th July 2011 the WTO Dispute Settlement Body (DSB) formally adopted the Appellate Body report on European Union Definite Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397/AB/R). The European Union was required, within 30 days, to state its intentions to implement the DSB’s recommendations and rulings, which it elected to do in writing on 18th August.

The short communication from the EU delegation included the following statement: "The European Union intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. We are consulting internally on the options for doing so. The European Union will need a reasonable period of time in which to do this. My delegation stands ready to discuss this matter with China in due course, in accordance with Article 21.3(b) of the DSU".

WTO procedures state: “If complying with the recommendation immediately proves impractical, the member will be given a ‘reasonable period of time to do so”.  At its 2nd September meeting the DSB noted the EU communication. China told the meeting it was ready to discuss the 'reasonable period of time' with the EU. If a mutually acceptable timescale is not agreed provision exists for arbitration, normally carried out by a member of the WTO Appellate Body acting in an individual capacity. In the period 2000-2008 reasonable periods of time published determined through arbitration (as published on the WTO website) ranged from 6 to 15 months, with the median 11.5 months.

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2011-10-30

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