WTO Raises Bar On Trade Remedy Injury Determinations

Law360, New York ( October 28, 2015, 10:43 AM EDT) -- The Appellate Body of the World Trade Organization has recently issued decisions that make it more difficult for investigating authorities worldwide to reach affirmative injury determinations in trade remedy investigations. Late last year, in US – Carbon Steel (India), the Appellate Body held that the agreement on subsidies and countervailing measures does "not authorize investigating authorities to assess cumulatively the effects of imports that are not subject to simultaneous countervailing duty investigations with the effects of imports that are subject to countervailing duty investigations" when making injury determinations.[1] And just last week, the Appellate Body released its reports in the China - HP-SSST (Japan)/China - HP-SSST (EU) disputes, arguably raising the bar that an investigating authority must satisfy with respect to the "price undercutting" and "impact" components of the injury analysis.[2] This update examines the consequences of the Appellate Body's reports in China - HP-SSST (Japan)/China - HP-SSST (EU) for injury determinations in trade remedy investigations....

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