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Canada — Welded Pipe, Canada v Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu, Panel Report, WT/DS482/R, ITL 143 (WTO 2016), 21st December 2016, Panel Reports

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

To what extent the treatment of exporters with de minimis margin of dumping by the investigating authority was consistent with Articles 3, 5.8, 7.2, 7.5, 9.2, and 9.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘Anti-dumping Agreement’).

Whether the non-attribution analysis in Article 3.5 of the Anti-dumping Agreement required the investigating authority to separate the effect of subsidization of the products concerned from the effect of the dumping.

To what extent the use of ‘facts available’ for non-cooperating exporters to determine a margin of dumping was inconsistent with Article 6.8 and Annex II of the Anti-dumping Agreement.

How new product models or types should be treated in the context of the imposition of anti-dumping duties.

Whether the provisions of domestic regulations regarding the anti-dumping investigation were ‘as such’ inconsistent with Article 1 of the Anti-dumping Agreement and Article VI of the General Agreement on Tariffs and Trade.

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