Table iii5 countervailing duty investigations 1980 02

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Table III.5 Countervailing duty investigations, 1980-02 Year 1980-90 91 92 93 94 95 96 97 98 99 2000 2001 2002 Initiations 240 11 22 5 7 2 1 6 11 10 7 18 3 Preliminary determinations 210 9 26 1 7 3 0 3 7 9 0 15 6 Final determinations 176 5 7 20 2 6 2 0 2 15 7 11 14 54 ITA online information. Available at: http://www.ita.doc.gov. Chart III.1 Anti-dumping duty orders in effect, 30 June 2003 Per cent Total: 279 cases By country By product category Source: WTO Secretariat, based on information from the ITA and the USITC. Canada 2.9 Other Europe 14.0 European Union 19.7 Other America 1.1 Brazil 5.4 Argentina 2.2 Mexico 3.2 India 3.6 Chinese Taipei 6.1 Korea 6.5 J apan 10.8 China 16.8 Thailand 1.8 Indonesia 2.2 Other Asia 2.2 Africa 2.1 America 14.7 Europe 33.7 Asia 49.8 Agricultural, forest and food products 7.5 Chemicals and pharmaceuticals 17.2 Electronics and communication products 0.4 Iron and steel 55.6 Machinery and equipment 1.1 Minerals and metals 9.3 Miscelaneous products 7.2 Transportation products 0.7 Textile and apparel 1 .1
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United States WT/TPR/S/126 Page 52 Duty orders 107 2 4 16 1 2 2 0 1 6 6 6 10 Revocations 84 6 0 1 5 35 1 1 4 19 21 0 0 Source : Information provided by the U.S. Department of Commerce. 17. Complaints have been brought to the WTO regarding aspects of investigation and determination of U.S. countervailing duty measures. They include challenges to the DOC's "change- in-ownership" methodologies in cases of CVD duties applied with respect to pre-privatization subsidies. A WTO panel, established at the request of the EU, found the DOC's two change-of- ownership methodologies inconsistent with WTO rules. 55 The United States appealed the case, and the Appellate Body upheld the Panel's findings that the United States had acted inconsistently with the SCM Agreement by imposing and maintaining countervailing duties without determining whether a "benefit" continued to exist, but reversed the Panel's conclusion that the U.S. statute was inconsistent with the SCM Agreement. 56 The Appellate Body recommended that the DSB request the United States to bring its measures and administrative practice (the "same person" methodology) into conformity with the SCM Agreement. In January 2003, the United States and the EU informed the WTO that they had mutually agreed that the reasonable period of time to implement the recommendations and rulings of the DSB would be ten months, from 8 January 2003 to 8 November 2003. 57 Another complaint with respect to "change-in-ownership" methodologies was lodged by Mexico in January 2003; this case was still at the consultation level in June 2003. 58 18. Canada has filed several challenges concerning an investigation on certain softwood lumber. Canada challenged the preliminary CVD and critical circumstances determinations in August 2001, and the consistency of certain provisions of U.S. law and regulations concerning expedited and administrative reviews. 59 The Panel found that the DOC's preliminary CVD determination ruling and the challenged U.S. rules were not inconsistent with U.S. WTO obligations. However, the Panel found that the DOC's imposition of provisional measures was inconsistent with U.S. obligations under
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