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European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China

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European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
International Economics
Class: 0802

Summary of the dispute to date
The summary below was up-to-date at 11 May 2011
Consultations
Complaint by China.
On 31 July 2009, China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic AntiDumping Regulation) which provides that in case of imports from non-market economy countries, the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision.
According to China, Article 9(5) of the Basic Anti-Dumping Regulation is inconsistent, as such, with the European Communities' obligations under: * Article XVI:4 of the WTO Agreement; * Articles I:1, VI:1, and X:3(a) of the GATT 1994; * Articles 6.10, 9.2, 9.3, 9.4, 12.2.2 and 18.4 of the Anti-Dumping Agreement.
China also requests consultations regarding Council Regulation (EC) No 91/2009 imposing definitive anti-dumping duties on imports of certain iron or steel fasteners originating in the People's Republic of China.
China considers that the imposition of definitive anti-dumping duties on imports of certain iron or steel fasteners originating in the People's Republic of China is inconsistent with the European Communities' obligations under: * Articles VI and X:3(a) of the GATT 1994; * Articles 1, 2.1, 2.2. 2.4, 2.6, 3.1, 3.2, 3.4, 3.5, 4.1, 5.4, 6.1, 6.2, 6.4, 6.5, 6.10, 9.2, 9.4 and 17.6(i) of the Anti-Dumping Agreement; as well as * Part I, paragraph 15 of China's Protocol of Accession. * In addition, China also refers to Articles 9.3 and 12.2.2 of the Anti-Dumping Agreement.
China claims that the European Communities acted inconsistently with various procedural obligations in the AntiDumping Agreement. China also claims that the European Communities has acted inconsistently with its

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