WTO Upholds U.S. Antidumping Laws

July 1, 2002

The U.S. Trade representative reports that the World Trade Organization (WTO) has upheld key sections of the U.S. antidumping and countervailing duty laws. The WTO found that certain U.S. laws used in AD/CVD cases - the "facts available" provisions - do not breach WTO rules.

That U.S. facts available provisions allow the United States to complete antidumping and countervailing duty investigations when foreign companies refuse or otherwise fail to provide necessary information. Antidumping and countervailing duty laws are used to combat unfair foreign trade practices that cause injury to U.S. industries.

"We welcome the WTO's finding that these key sections of our antidumping and countervailing duty laws are consistent with WTO rules," said U.S. Trade Representative Robert Zoellick. "While we do not agree with all of the panel's conclusions, its reasoning will protect our ability to use these important components of U.S. trade remedy laws in the future."

The WTO report arose from a challenge by India to the U.S. antidumping order on Indian steel plate. India had claimed that the procedures used in this case were inconsistent with WTO rules. The panel agreed with the United States that key parts of the overall U.S. AD/CVD laws did not breach any of the WTO rules that India had cited.

In addition to its challenge to the legal provisions as such and the overall facts available "practice," India had also contested the application of those provisions during the challenged antidumping investigation, and the treatment of India under the "developing country" section of WTO antidumping rules.