Dispute Settlement Reports 2020. Volume V, Pages 2039-2398 / World Trade Organization.

Format:

Book

Contributor:

World Trade Organization, copyright holder.

Series:

The WTO Dispute Settlement Reports

Language:

English

Subjects (All):

Foreign trade regulation--Cases.

Foreign trade regulation.

Tariff--Law and legislation--Cases.

Tariff.

Competition, Unfair--Cases.

Competition, Unfair.

Dispute resolution (Law)--Cases.

Dispute resolution (Law).

Physical Description:

1 online resource (pages 2039-2397) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2022.

Summary:

The Dispute Settlement Reports are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practising and academic trade lawyers and a valued resource for students worldwide taking courses in international economic or trade law. DSR 2019: Volume 5 provides the reports on "Ukraine - Anti-Dumping Measures on Ammonium Nitrate (WT/DS493)" and on "United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353)".

Contents:

Cover

Title page

Half-title

Copyright information

TABLE OF CONTENTS

UKRAINE - ANTI-DUMPING MEASURES ON AMMONIUM NITRATE

Award of the Arbitrator

ABBREVIATIONS USED IN THIS AWARD

EXHIBITS CITED IN THIS AWARD

CASES CITED IN THIS AWARD

1. INTRODUCTION

2. ARGUMENTS OF THE PARTIES

3. REASONABLE PERIOD OF TIME

3.1 Introduction

3.2 Mandate of the Arbitrator under Article 21.3(c) of the DSU

3.3 Measures to be Brought into Conformity

3.4 Factors Affecting the Determination of the Reasonable Period of Time

3.4.1 Means of implementation

3.4.1.1 Administrative means under the Law against Dumped Imports

3.4.1.2 Legislative changes

3.4.2 Steps of the implementation

3.4.3 Particular circumstances

3.4.4 Conclusion

4. AWARD

ANNEX A

ANNEX B

UNITED STATES - MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)

Decision by the Arbitrator

LIST OF ANNEXES

CASES CITED IN THIS DECISION

EXHIBITS REFERRED TO IN THIS DECISION

1.1 Original Proceedings and Compliance Proceedings

1.2 Referral to Arbitration and Arbitration Proceeding

2. PROCEDURAL MATTERS

2.1 Treatment of BCI and HSBI

2.2 Public Presentation of the Parties' Opening Statements

2.3 The United States' Allegations Regarding the European Union's Use of Certain US HSBI Submitted in the DS316 Arbitration Proceeding

2.4 Impact of the Covid-19 Pandemic on the Work of the Arbitrator

2.5 The United States' Request for Leave to File an Additional Submission Regarding the Purported Elimination of the Washington State B&amp

O Tax Rate Reduction as of 1 April 2020

3. MANDATE OF THE ARBITRATOR

4. BURDEN OF PROOF

5. THE DS316 PROCEEDINGS AND THE DS316 ARBITRATOR'S VALUATION OF ADVERSE EFFECTS

5.1 The DS316 Original Proceedings.

5.2 The DS316 Compliance Proceedings

5.3 The DS316 Arbitration Proceeding

6. THE UNITED STATES' OBJECTIONS TO THE LEVEL OF COUNTERMEASURES

6.1 Overview of the European Union's Methodology

6.2 The United States' Response

6.3 Order of Analysis

6.4 Assessment of the European Union's Methodology

6.4.1 Valuation of the 2004-2006 R&amp

D Adverse Effects as part of the "adverse effects determined to exist" within the scope of this proceeding

6.4.1.1 Whether "the adverse effects determined to exist" must be those caused in the postimplementation period by a subsidy with respect to which an original respondent has failed to comply with previously issued DSB recommendations and rulings

6.4.1.2 Whether the 2004-2006 R&amp

D Adverse Effects fall within the scope of "the adverse effects determined to exist" under the terms of Article 7.10

6.4.1.3 Conclusion

6.4.2 Structure of the countermeasures in respect of the postimplementation Washington State B&amp

O Tax Rate Reduction Adverse Effects

6.4.3 The reference period for the post-implementation Washington State B&amp

6.4.4 Consideration of events occurring after the reference period

6.4.5 Conceptual issues regarding the valuations of significant lost sales and threat of impedance

6.4.5.1 Annualization

6.4.5.2 Lost sales

6.4.5.3 Threat of impedance

6.4.5.3.1 Primary EU methodology based on the value of the underlying lost sales

6.4.5.3.2 Alternative EU methodologies based on the value of deliveries

6.4.5.3.3 Arbitrator's proposed "deliverycentric" approach

6.4.5.3.4 Conclusions

6.4.6 Technical issues common to the valuation of both forms of adverse effects

6.4.6.1 The probability that Airbus would have won each of the five sales campaigns in the counterfactual

6.4.6.2 Valuation of options.

6.4.6.3 The number of firm orders in the counterfactual and the timing of the deliveries

6.4.6.4 Adjustments for actual cancellations and potential future cancellations

6.4.6.5 Exclusion of [[***]] from counterfactual delivery prices

6.4.6.6 Remaining issues regarding counterfactual delivery prices

6.4.6.7 Summary of conclusions on technical issues common to the valuations of both forms of adverse effects

6.4.7 Technical issues regarding the valuation of significant lost sales

6.4.7.1 Temporal adjustment of delivery prices to the time of the lost sales

6.4.7.2 Expressing the lost sales' values on a common monetary basis

6.4.7.3 Annualization period

6.4.8 Technical issues regarding the valuation of threat of impedance

6.4.8.1 Temporal adjustment of delivery-date values

6.4.8.2 Annualization period(s)

6.4.9 Summary of technical valuations of the adverse effects determined to exist

6.4.9.1 Valuation of significant lost sales

6.4.9.3 Aggregated annualized value of significant lost sales and of the threat of impedance in the two geographic markets

6.5 Countermeasures Commensurate with the Annualized Value of the Adverse Effects Determined to Exist

6.5.1 Adjustment of the annualized value of adverse effects determined to exist for inflation to April 2020 dollars and for future years in which countermeasures are applied

6.5.2 The "commensurate" 2015 Annualized Value

7. THE UNITED STATES' CLAIM CONCERNING THE PRINCIPLES AND PROCEDURES SET OUT IN ARTICLE 22.3 OF THE DSU (CROSS-RETALIATION)

8. CONCLUSION

ANNEX A-1 WORKING PROCEDURES OF THE ARBITRATOR

ANNEX A-2 ADDITIONAL WORKING PROCEDURES FOR THE PROTECTION OF BUSINESS CONFIDENTIAL INFORMATION AND HIGHLY SENSITIVE BUSINESS INFORMATION

ANNEX A-3 ADDITIONAL WORKING PROCEDURES FOR THE SUBSTANTIVE MEETING WITH THE ARBITRATOR

ANNEX B.

ANNEX B-1 INTEGRATED EXECUTIVE SUMMARY OF THE ARGUMENTS OF THE EUROPEAN UNION

ANNEX B-2 INTEGRATED EXECUTIVE SUMMARY OF THE ARGUMENTS OF THE UNITED STATES

ANNEX C

ANNEX C-1 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING THE TIMETABLE AND WORKING PROCEDURES, DATED 8 JULY 2019

ANNEX C-2 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING CERTAIN HSBI, DATED 6 FEBRUARY 2020

ANNEX C-3 ARBITRATOR'S COMMUNICATION REGARDING THE UNITED STATES' REQUEST FOR EXTENSION OF THE DATE FOR RESPONSES TO QUESTIONS, DATED 14 FEBRUARY 2020

ANNEX C-4 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING RESTRICTIONS ON ACCESS TO THE WTO PREMISES AND TO HSBI DUE TO COVID-19, DATED 1 APRIL 2020

ANNEX C-5 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING ACCESS TO HSBI IN THE CONTEXT OF COVID-19, DATED 23 APRIL 2020

ANNEX C-6 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING PHASED RELAXATION OF RESTRICTIONS ON ACCESS TO WTO PREMISES DUE TO COVID-19, DATED 4 MAY 2020

ANNEX C-7 ARBITRATOR'S DECISION ON THE UNITED STATES' REQUEST FOR LEAVE TO FILE AN ADDITIONAL SUBMISSION REGARDING THE IMPLICATIONS OF THE PURPORTED ELIMINATION OF THE WASHINGTON STATE B&amp

O TAX RATE REDUCTION ON THE PERMITTED LEVEL OF COUNTERMEASURES, DATED 17 JUNE 2020

ANNEX C-8 ARBITRATOR'S COMMUNICATION TO THE PARTIES, DATED 26 JUNE 2020

ANNEX C-9 ARBITRATOR'S COMMUNICATION TO THE PARTIES REQUESTING AUTHORIZATION TO DISCUSS SPECIFIC EU HSBI, DATED 5 AUGUST 2020

ANNEX C-10 ARBITRATOR'S COMMUNICATION TO THE PARTIES REQUESTING AUTHORIZATION TO DISCUSS ADDITIONAL SPECIFIC EU HSBI, DATED 19 AUGUST 2020

ANNEX C-11 ARBITRATOR'S COMMUNICATION TO THE PARTIES REGARDING MEDIA REPORTS CONTAINING THE ARBITRATOR'S CALCULATED LEVEL OF COUNTERMEASURES, DATED 9 OCTOBER 2020

Cumulative List of Published Disputes.

Notes:

Title from publisher's bibliographic system (viewed on 28 Jan 2022).

ISBN:

1-009-17103-8

1-009-17102-X

1-009-15042-1

OCLC:

1305846150