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Charalampos Giannakopoulos

United States - Final Anti-Dumping Measures on Stainless Steel from Mexico, Mexico v United States, Appeal, WT/DS344/AB/R, Report No AB-2008-1, Doc No 08-2072, ITL 048 (WTO 2008), 30th April 2008, World Trade Organisation [WTO]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 September 2020

Whether the Panel had erred in its interpretation of the General Agreement on Tariffs and Trade (1994) (‘GATT 1994’) and the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘Anti-Dumping Agreement’) under the customary rules of interpretation as established in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, in finding that simple zeroing in periodic reviews was not, as such, and as applied by the United States Department of Commerce, inconsistent with Articles VI:1 and VI:2 of the GATT 1994 and Articles 2(1), 2(4), and 9(3) of the Anti-Dumping Agreement.

Whether the Panel had acted inconsistently with Article 11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes by refusing to follow previous Appellate Body Reports that addressed identical issues with respect to the same party (ie the United States).

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