It found that the CDSOA
is a "specific action" against dumping, which is prohibited under WTO rules, though it reversed the panel's ruling that the existence of the disbursement mechanism encourages companies to file AD/CVD petitions in a manner that undermines the industry support requirements in WTO agreements.
that the CDSOA
does not apply to goods from NAFTA countries such as
government contends that dumping or subsidization is not the trigger for application of the CDSOA
. Rather, the CDSOA
provides for the distribution of money ("triggered" by an applicant's qualification as an "affected domestic producer") from the U.S.
Congress enacted CDSOA
to strengthen relief to injured U.S.
On September 10, 2001, the WTO established a Dispute Settlement Panel at the request of, among others, Australia, Brazil, Canada, the European Union, and Japan, to examine the CDSOA
's consistency with WTO trading rules.
It confirms the September ruling (see European Report 2711), and said "the CDSOA
is a non-permissible specific action against dumping or a subsidy, contrary to Article 18.1 of the Anti-Dumping Agreement and Article 32.1 of the SCM Agreement" (both say no specific action against either a subsidy or dumping of another Member can be taken except in accordance with the provisions of GATT 1994).
Tariff Act of 1930 called the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA
A recent case in point has been the Continued Dumping and Subsidy Offset Act (CDSOA
), or Byrd Amendment.
directs the distribution of antidumping duties collected by the U.S.
It adds: "In concluding that the CDSOA
is in violation of the above-mentioned provisions, we have been confronted by sensitive issues regarding the use of subsidies as trade remedies.
trade remedy laws--the Continued Dumping and Subsidy Offset (CDSOA
, also known as the Byrd Amendment) and the Antidumping Act of 1916, which was subsequently repealed in P.L.
Despite strong congressional support for the measure in both chambers, a provision repealing the CDSOA
was included in the conference report to S.