Mexico—Corn Syrup Mexico—Anti-dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
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Description
The 21.5 AB ruling in Mexico—Corn Syrup arises out of a dispute between the United States and Mexico concerning whether the Mexican agency’s finding of material injury from dumping was consistent with the Anti-dumping Agreement. The original Panel 1 found that the agency’s determination of the existence of a threat of material injury to the domestic industry was made in violation of numerous provisions of the Anti-dumping Agreement. In light of these findings by the panel, the agency made a redetermination and the United States filed a 21.5 complaint, claiming that the redetermination failed to address adequately the defects identified by the original panel. The 21.5 Panel 2 agreed with the United States that an objective and unbiased agency could not infer the projected increase in imports asserted by the Mexican agency from the evidence on the record, and reached the same conclusion concerning the projections of the effects of these increases on the domestic industry. Here the issue was whether Mexico had analyzed various factors affecting demand for imports and the state of the domestic industry pursuant to Articles 3.4 and 3.7 of the Anti-dumping Agreement and whether the analysis, to the extent that it was done, would allow an objective and unbiased agency to come to the conclusion concerning threat of injury that the Mexican agency did come to. These aspects of the dispute engage the considerations in the interpretation of the Anti-dumping Agreement that we discuss in the introduction of our comment on Argentina—Ceramic Tiles, including, obviously, the standard of review prescribed in 17.6(i)–(ii) of the Anti-dumping Agreement. However, upon appeal, Mexico raised a number of other issues of a preliminary and procedural nature, including the impact on the panel proceedings of the US failure to engage in consultations, the meaning of the requirement in DSU 3.7 that a Member exercise self-restraint in bringing dispute settlement claims, and the requirement that the Panel give reasons for its conclusions that is contained in Article 12 of the DSU.
Source Publication
The WTO Case Law of 2001: The American Law Institute Reporters' Studies
Source Editors/Authors
Henrik Horn, Petros C. Mavroidis
Publication Date
2004
Recommended Citation
Howse, Robert L. and Neven, Damien J., "Mexico—Corn Syrup Mexico—Anti-dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States" (2004). Faculty Chapters. 876.
https://gretchen.law.nyu.edu/fac-chapt/876
