WORLD TRADE
ORGANIZATIONWT/DS304/1
G/L/666G/ADP/D51/1
11 December 2003
(03-6563)
Original:  English
INDIA – ANTI-DUMPING MEASURES ON IMPORTS OF CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES AND/OR MEMBER STATES
Request for Consultations by the European Communities
The following communication, dated 8 December 2003, from the Delegation of the European
Commission to the Delegation of India and to th e Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
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On behalf of the European Communities (the "EC"), I hereby request consultations with India
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement ofDisputes, Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994")
and Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994 (the "Anti-Dumping Agreement") regarding the definitive anti-dumping
measures mentioned in the annex.
The EC consider that, in all of these cases, the investigations were conducted and the
determinations were made in violation of India's obligations under GATT 1994 and the Anti-Dumping Agreement. The matters which the EC would li ke to raise in the course of the consultations
include, but are not limited to, the following:
– the determination of the effect of the dumped imports on prices does not seem to be based on
positive evidence and on an objective examination;
– the Indian investigating authority did not demonstrate that dumped imports were causing the
alleged injury, and failed to examine other known factors and ensure that injury caused by
those other factors was not attributed to dumping;
– the Indian investigating authority did not properly inform interested parties of the relevant
essential facts under consideration which formed the basis for the decision to apply the
anti-dumping measures and in sufficient time for those parties to defend their interests;
– the Indian investigating authority did not properly inform interested parties of the reasons
why it did not accept evidence or information they had submitted within the investigation
procedure;
– the Indian investigating authority did not satisfy itself during the course of the investigation as
to the accuracy of the information supplied by interested parties in particular by theirdomestic industry;WT/DS304/1
G/L/666
G/ADP/D51/1
Page 2
– the public notice of information concluding the investigation did not contain all relevant
information on the matters of fact and law and reasons which led to the imposition of the anti-
dumping measures.
The EC consider that, for the above reasons, the anti-dumping measures at issue appear to be
inconsistent with India's obligations under the GATT and the Anti-Dumping Agreement, in particular
under:
– Article VI:1 of GATT 1994;
– Articles 1, 3.1, 3.2, 3.5, 6.6, 6.8 (including Annex II), 6.9 and 12.2 of the Anti-Dumping
Agreement.
The EC reserve the right to raise additional claims and legal matters regarding the above
measures and determinations during the course of the consultations.
The EC look forward to receiving the reaction of India to the present request and to setting a
mutually convenient date and place to begin consultations.WT/DS304/1
G/L/666
G/ADP/D51/1
Page 3
ANNEX
Definitive Anti-Dumping Duties imposed by India
on Imports Originating in the EC or EC member States
Product Case Nr CountryDate of
Imposition
1 Methylene Chloride Nº17/1/2001-DGAD i.a. EC 14/08/2003
2 Phenol Nº14/4/2002-DGAD i.a. EC 13/02/2003
3 Vitamin A Palmitate Nº65/1/2001-DGAD i.a. EC 23/01/2003
4 D(-) Para Hydroxy Phenyl Glycirine
Base (PHPG) - INº14/6/2002-DGAD EC 07/03/2003
5 Vitamin AB2D3K Nº19/1/2001-DGAD i.a. EC 09/09/2002
6 Acrylic Fibre Nº42/1/2001-DGAD i.a. Germany & UK 09/10/2002
7 Sodium Nitrite Nº54/1/2001-DGAD i.a. EC 12/10/2002
8 Cold Rolled Flat Products Stainless
SteelNº24/1/2001-DGAD i.a. Spain, Belgium
& EC05/12/2002
9 Flexible Slabstock Polyol Nº41/1/2001-DGAD i.a. EC 19/09/2002
10 High Styrene Rubber (HSR) Nº22/1/2000-DGAD i.a. EC 15/01/2002
11 Vitamin AD3 Nº16/1/2001-DGAD i.a. EC 21/05/2002
12 Acrylic Fibre (below 1.5 denier) Nº43/1/2001-DGAD Italy 12/09/2002
13 Purified Terephtalic Acid (PTA) Nº27/1/1998-DGAD Spain 30/05/2000
14 Sodium Cyanide Nº8/1/1999-DGAD i.a. EC 06/06/2000
15 Seamless Tubes Nº7/1/1999-DGAD i.a. Austria 21/06/2000
16 Oxo Alcohols Nº15/1/1999-DGAD i.a. EC 18/08/2000
17 Hydroxyl Amine Sulphate (HAS) Nº53/1/1999-DGAD i.a. EC 28/03/2001
18 Sodium Ferrocyanide Nº23/1/2000-DGAD EC 10/05/2001
19 Caustic Soda Nº56/1/1999-DGAD i.a. France 26/06/2001
20 Aniline Nº21/1/2000-DGAD EC 26/06/2001
21 Theophiline & Caffeine Nº26/1/2000-DGAD EC 30/07/2001
22 Choline Cloride Nº59/1/2000-DGAD i.a. EC 14/01/2002
23 Vitamin C Nº26/1/1999-DGAD i.a. EC 15/09/2000
24 B & W photographic paper Nº19/1/1999-DGAD i.a. UK & France 21/12/2000
25 Thermal Sensitive Paper N°25/1/1998-ADD i.a. EC 06/04/2000
26 Acrylonitrile Butadiene Rubber
(NBR)Nº9/1/95-ADD i.a Germany 30/07/1997
27 Acrylic Fibres Nº32/1/97-ADD i.a. Italy, Spain &
Portugal22/01/1999
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