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WTO Dispute Panel Rejects Indonesian Claims Against US AD/CV Duties on Coated Paper

The World Trade Organization on Dec. 6 circulated a dispute settlement panel report that rejected Indonesian claims that U.S. antidumping and countervailing duties on coated paper from Indonesia violate the U.S.’s WTO obligations, according to a summary of the findings. The dispute panel rejected Indonesian claims alleging unfair duty calculation, improper use of adverse facts available, lack of specificity in identifying subsidy programs, a weak basis for the International Trade Commission’s affirmative injury determination, that the ITC didn’t exercise “special care” in its injury determination, and WTO inconsistency with a U.S. law that an evenly split ITC vote should be deemed an affirmative injury determination. In December 2016, the ITC voted to extend for another five years AD duties of 20.13 percent and CV duties of 17.93 percent assessed in 2010 of coated paper from Indonesia (see 1612290005).

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The Committee to Support U.S. Trade Laws (CSUSTL) applauded the dispute panel’s determination. “Today’s decision is welcome but comes in a dispute settlement system that has too often created obligations not contained in our international agreements,” said Stewart and Stewart attorney Terence Stewart, a past president of the organization, in a statement.

Email ITTNews@warren-news.com for a copy of CSUSTL’s statement.