35 wto document wtds2171 9 january 20013 36 wto

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35 WTO document WT/DS217/1, 9 January 20013. 36 WTO document WT/DS217/R and WT/DS234/R, 16 September 2002. 37 WTO document WT/DS217/AB/R and WT/DS234/AB/R, 16 January 2003. 38 WTO document WT/DS217/14, WT/DS234/22, 13 June 2003. 39 WTO document WT/DS221/1, G/L/434, G/SCM/D41/1, G/ADP/D41/1, 20 December 2000. 40 WTO document WT/DS221/R, 15 July 2002.
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WT/TPR/S/126 Trade Policy Review Page 49 rules. 41 An Appellate Body report recommended that the United States bring the 1916 Act into conformity with its WTO obligations. On 4 March 2003, legislation repealing the 1916 Act (but not any action commenced before the date of the enactment of the Bill or pending on such date) was introduced in the U.S. House of Representatives (H.R. 1073). 42 A similar bill was introduced in the Senate. A third bill was introduced in the Senate in May 2003, S 1080 IS, repealing the AD Act of 1916 (Title VIII of the Act of 8 September 1916) and any case pending on the date of enactment. 43 8. In the context of the Negotiating Group on Rules (NGR), the United States has noted that it considers trade remedies as an integral part of the current rules-based international trading system. 44 The United States has suggested issues under the AD and SCM Agreements that may be appropriate for clarification and improvement as part of the negotiations. 45 9. Chapter 19 (Dispute Settlement) of the NAFTA, contains provisions to deal with complaints between members with respect to AD or CVD actions or legislation. Under Article 1903, a party may request that an amendment to the other Party's AD or CVD statute be referred to a bi-national panel for a declaratory opinion on whether the amendment is consistent with the WTO and the NAFTA. Article 1904, provides for the establishment of bi-national panels to review AD, CVD and injury final determinations, replacing judicial review in the party's domestic courts. Under the NAFTA Article 1904 panel rules, panels apply the domestic law of the investigating party and are expected to issue a decision within 315 days of the date on which a request for a panel is made. Anti-dumping 10. In 2001, in response to petitions from some domestic industries facing intense foreign competition, particularly in steel, the number of AD investigation initiations increased by over two- thirds compared with 2000. In 2002, the number of investigation initiations decreased considerably. On average, 56 AD investigations were initiated per year during 2001-02, compared with 45 in 1999-00 (Table III.4). The 112 investigations initiated in 2001 and 2002 covered an import value of some 0.5% of total imports. Table III.4 Anti-dumping investigations, 1980-02 Year 1980-90 91 92 93 94 95 96 97 98 99 2000 2001 2002 Initiations 418 66 84 37 51 14 21 15 36 46 45 77 35 Preliminary determinations 336 43 54 67 46 23 16 16 28 34 22 61 44 Final determinations 283 28 28 80 31 38 12 15 17 37 35 34 58 Duty orders 188 19 16 42 16 24 9 7 9 19 20 30 25 Revocations 69 7 1 3 28 12 6 4 25 48 57 8 9 Source : U.S. Department of Commerce.
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