Panel Established in Dispute on EU — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia
On 23 December 2013, Russia requested consultations with the European Union regarding “cost adjustment” methodologies used by the EU for the calculation of dumping margins in anti-dumping investigations and reviews, including: (a) the rejection of cost and price information of producers and exporters in the country of origin, including data on energy inputs as part of the manufacturing costs; (b) the rejection of prices of sales of “like products” in the country of origin in “particular market situations”; (c) the effect of such rejection of cost and price data on the determination of dumping margins and injury caused by dumped imports, as well as on the imposition, continuation and collection of anti-dumping duties; and, (d) the use of anti‑dumping duties as a specific action against alleged governmental subsidies.
Russia claims that the measures are inconsistent with:
- Articles 2.1, 2.2, 2.2.1, 220.127.116.11, 2.2.2, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 6.8, 9.2, 9.3, 11.1, 11.2, 11.3, 18.1 and 18.4, and Annex II, of the Anti‑Dumping Agreement;
- Articles 10 and 32.1 of the SCM Agreement;
- Articles I and VI of the GATT 1994; and
- Article XVI:4 of the WTO Agreement.
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