China – Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States : How the Chickens Came Home to Roost

The WTO panel report on China – Anti-dumping and Countervailing Duty Measures on Broiler Products from the United States was circulated to Members on 2 August 2013. In the report the Panel examined a variety of issues challenged by the United States under various provisions of the General Agreement on Tariffs and Trade 1994, the Anti-dumping Agreement and the Agreement on Subsidies and Countervailing Measures. The Panel upheld the United States’ claims on the majority of the issues, which covered certain procedural aspects of the anti-dumping and countervailing investigations such as the right to disclosure of "essential facts", as well as the substantive determinations including costing issues, the imposition of the "all others" rate on the basis of "facts available", the price effects’ analyses, the sufficiency of the public notices and others. Notably the costing issues that came up in the case, although decided mostly on procedural grounds, provide food for thought and are likely to feature again in future disputes