WT/DS482/1  
G/L/1073  
G/ADP/D105/1  
 
30 June 2014  
(14-3739)  Page: 1/2  
  Original: English  
 
 CANADA – ANTI-DUMPING MEASURES ON  IMPORTS OF CERTAIN CARBON STEEL 
WELDED PIPE FROM THE SEPARATE CUSTOMS TERRITORY OF  
TAIWAN, PENGHU, KINMEN AND MATSU 
REQUEST FOR CONSULTATIONS BY THE SEPARATE CUSTOMS TERRITORY  
OF TAIWAN, PENGHU, KINMEN AND MATSU 
The following communication, dated 25 June 2014, from the delegation of  the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu to the delegation of Canada and to the 
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the 
DSU.  
_______________ 
  
My authorities have instructed me to request consultations with Canada pursuant to Articles 1 and 
4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), 
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") and Article 17 of 
the Agreement on Implementation of Article VI of the GATT 1994 ("Anti-Dumping Agreement") 
with respect to the provisional
1 and definitive2 anti-dumping measures imposed by Canada on 
imports of Certain Carbon Steel Welded Pipe (CSWP) originating in, among others , the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu, and the investigations3 underlying the 
measures.These measures appear to be inconsis tent with the obligations of Canada under the 
following provisions of the GATT 199 4 and the Anti-Dumping Agreement: 
1. Articles 3.1 and 3.5 of the Anti-Dumping Agreement, because  
i. Canada failed to make an objective exam ination on the basis of positive evidence 
that the dumped imports are, through the effects of dumping, causing injury and/or a threat of injury to the domestic industry; 
ii. Canada failed to examine any known factors other than the allegedly dumped 
imports which at the same time were injuring the domestic industry, such as the 
existing overcapacity of the domestic indu stry and subsidized imports from India; 
iii. Canada failed to ensure that the injuries caused by such other factors were not 
attributed to the allegedly dumped imports.  
                                               
1 The provisional measures were imposed on 13 Au gust 2012 after a preliminary injury determination 
made by the Canada International Trade Tribunal, issued on 13 July 2012, and a preliminary determination of dumping made by the Canada Border Services Agency on 13 August 2012. 
2 The definitive measures were imposed following th e final dumping determination of the Canada Border 
Services Agency of 9 November 2012 and the finding of the Canada International Trade Tribunal, made on 11 December 2012, that dumped imports of certain CSWP  originating in, among others, the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu were th reatening to cause injury to the Canadian domestic 
industry (C. Gaz. 2012.I.146.51). 
3 The Canada Border Services Agency issued a noti ce of initiation of the dumping investigation on 
14 May 2012 and the Canada Internationa l Trade Tribunal issued a notice of commencement of a preliminary 
injury inquiry on 15 May 2012 (C. Gaz. 2012.I.1382). On  14 August 2012, the Canada International Trade 
Tribunal issued a notice of commencement of inquiry (C. Gaz. 2012.I.2523). On 7 January 2013, the Canada 
Border Services Agency initiated a re -investigation to update the normal values and export prices of certain 
CWSP originating in, among others, the Separate Cust oms Territory of Taiwan, Pe nghu, Kinmen and Matsu, 
which was concluded on 7 May 2013. WT/DS482/1 • G/L/1073 • G/ADP/D105/1 
 
- 2 - 
 
  2. Article 5.8 of the Anti-Dumping Agreem ent because Canada failed to immediately 
terminate the investigation with respect to those exporters whose margins of dumping are de minimis within the meaning of that provision. 
3. Article 6.10 of the Anti-Dumping Agreement because Canada failed to determine 
only one individual margin of dumping for each exporter in its determination of 
whether to continue the investigation and the subsequent determination of duty rates. 
4. Articles 3.1, 3.2, 3.4, 3.5 and 3.7 of the Anti-Dumping Agreement because, for the 
purpose of the injury analysis, Canada fail ed to exclude from the volume of dumped 
imports, the imports of exporters with a de minimis dumping margin. By not 
excluding these imports from the volume of dumped imports, Canada failed to 
properly consider the volume of dumped imports, the effects of the dumped imports 
on prices in the domestic market, the impa ct of the dumped imports on the domestic 
industry and whether the dumped imports are causing injury and/or threat of injury 
to the domestic industry.  
5. Article 6.8 and Annex II of the Anti-Dumping Agreement because Canada applied 
facts inconsistent with the "best information available" principles in determining the 
duty rate applicable to "all other exporters" from the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu.  
The anti-dumping measures of Canada applicable to certain CSWP originating in the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu also appear to be inconsistent with 
Articles 1 and 18 of the Anti-Dumping Agreement and Article VI of the GATT 1994 as a 
consequence of the above-mentioned violations. 
The above measures of Canada, therefore, appear to nullify or impair benefits accruing to the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu directly or indirectly under the 
cited agreements. 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu reserves the right to 
address additional measures and claims regard ing the above matters, including any amendment, 
replacement, extension, implementing measures or other related measures, in the course of the consultations. 
The Separate Customs Territory of Taiwan, Penghu , Kinmen and Matsu looks forward to receiving 
the response of Canada to this request and to scheduling a mutually convenient date and venue 
for the consultations. 
__________