European Union - Anti-Dumping Measures on Certain Footwear from China

Abstract

On 4 February 2010, China requested consultations with the European Union concerning three EU measures in connection with the imposition of anti-dumping duties on imports of certain leather footwear from China. In particular, China is challenging as WTO-inconsistent Article 9(5) of the Basic EC Anti–Dumping Regulation, which provides that, in cases involving imports from NME countries, the anti–dumping duty shall be specified for the supplying country concerned and not for each individual supplier. According to China, applicable WTO rules require that an individual margin and duty be determined and specified for each known exporter and producer and not for the supplying country as a whole. China states that the Basic Regulation provides that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria set forth in Article 9(5), the Individual Treatment rules, and is therefore inconsistent with various provisions of the WTO Agreement, China's Protocol of Accession, the GATT 1994, and the Anti-Dumping Agreement. China is also challenging as WTO-inconsistent the Review and Definitive Regulations imposing anti-dumping duties on imports of certain footwear from China, and various aspects of the expiry and original determinations and investigations underlying those regulations.