WT/DS460/8  
 
2 June 2015  
(15-2727)  Page: 1/3  
    
 
 CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE 
STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION  
NOTIFICATION OF AN OTHER APPEAL BY THE EUROPEAN UNION 
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES 
AND PROCEDURES GOVERNING THE SE TTLEMENT OF DISPUTES (DSU),  
AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW 
The following communication, dated 26 May 2015, fr om the Delegation of the European Union, is 
being circulated to Members.  
_______________ 
 
 Pursuant to Article 16.4 and Article 17.1 of the DSU, the European Union hereby notifies to the 
Dispute Settlement Body its decision to appeal to the Appellate Body certain issues of law covered 
in the Panel Report and certain legal interpretations developed by the Panel in the dispute China – 
Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes 
("HP-SSST") from the European Union (WT/DS460) (AB-2015-5) . Pursuant to Rule 23(1) of the 
Working Procedures for Appellate Review , the European Union simultaneously files this Notice of 
Appeal with the Appellate Body Secretariat.  
For the reasons to be further elaborated in  its submissions to the Appellate Body, the 
European Union appeals, and requests the Appellate  Body to reverse, modify or declare moot and 
of no legal effect the findings, conclusions and recommendations of the Panel, with respect to the 
following errors of law and legal interpretations contained in the Panel Report, and where indicated 
to complete the analysis
1: 
 
I. ADDITIONAL WORKING PROCEDURES ON BCI 
1. The European Union appeals and seeks the revers al and/or modification of the Panel's legal 
findings and conclusions concerning the designation of Business Confidential Information (BCI).2 
The Panel erred in its interpretation and applic ation of Articles 18.2 and 13.1 of the DSU and 
Articles 17.7 and 6.5 of the Anti-Dumping Agreement. The Panel erroneously found that 
information designated as confidential within the meaning of Article 6.5 of the Anti-Dumping 
Agreement is automatically confidential within the meaning of Article 17.7 of the Anti-Dumping 
Agreement and Article 18.2 of the DSU and may be automatically designated as BCI within the 
meaning of BCI Procedures. The European Union requests the Appellate Body to complete the 
analysis. 
                                               
1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review  this Notice of Appeal 
includes an indicative list of the paragraphs of the Pa nel Report containing the alle ged errors, without prejudice 
to the ability of the European Union to refer to other paragraphs of the Panel Report in the context of its 
appeal. 
2 Panel Report, paras. 7.18-7.25, pa rticularly paras. 7.21 ("… the phra se "confidential information" in 
Article 17.7 refers to the confidential information previously examined by the investigating authority and 
treated as confidential pursuant to Article 6.5 – an d which is now provided to a dispute settlement panel 
pursuant to Article 17.7.") and 7.25 ("… we have decided not to modify paragraph 1 of the BCI Procedures in the manner proposed by the European Union."). WT/DS460/8 
 
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  2. The European Union appeals and seeks the revers al and/or modification of the Panel's legal 
findings and conclusions concerning the provision of an authorizing letter.3 The Panel erred in its 
interpretation and application of Articles 18.2 and 13.1 of the DSU and Articles 17.7 and 6.5 of the 
Anti-Dumping Agreement. The Panel erroneously found that information designated as confidential within the meaning of Article 6.5 of the Anti-D umping Agreement is automatically confidential 
within the meaning of Article 17.7 of the Anti-D umping Agreement and Article 18.2 of the DSU, 
and that it may only be disclosed within the meaning of Article 17.7 of the Anti-Dumping Agreement on the basis of a formal authorization from the person, body or authority providing such 
information to the investigating authority in the municipal anti-dumping proceeding. The 
European Union requests the Appellate Body to complete the analysis. 
II. ARTICLE 6.2 OF THE DSU 
3. The European Union appeals and seeks the revers al and/or modification of the Panel's legal 
findings and conclusions that, with respect to the European Union's claim under Article 2.2, the panel request did not comply with Article 6.2 of the DSU, because it allegedly did not "provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly".
4 The 
Panel erred in its interpretation and application of Article 6.2 of the DSU. The European Union 
requests the Appellate Body to complete the anal ysis. However, if the Appellate Body upholds the 
Panel's findings concerning the European Union' s claim under Article 2.2.2 of the Anti-Dumping 
Agreement5, or completes the analysis by confirming that claim, then it need not consider this 
appeal point. 
4. The European Union appeals and seeks the revers al and/or modification of the Panel's legal 
findings and conclusions that, with respect to the European Union's claim under Article 2.2.1.1, the panel request did not comply with Article 6.2 of the DSU, because it allegedly did not "provide a 
brief summary of the legal basis of the complaint sufficient to present the problem clearly".
6 The 
Panel erred in its interpretation and application of Article 6.2 of the DSU. The European Union requests the Appellate Body to complete the anal ysis. However, if the Appellate Body upholds the 
Panel's findings concerning the European Union' s claim under Article 2.2.2 of the Anti-Dumping 
Agreement7, or completes the analysis by confirming that claim, then it need not consider this 
appeal point. 
III. DUMPING 
5. If the Appellate Body reverses the Panel's lega l findings and conclusions to the effect that 
China acted inconsistently with Article 6.7 and Annex I, paragraph 7 of the Anti-Dumping 
Agreement8, and does not complete the analysis by finding that China acted inconsistently with 
these provisions, then the European Union appeals the Panel's legal findings and conclusions with 
respect to Article 6.8 and Annex II, paragraphs 3 and 6.9 The European Union requests the 
Appellate Body to reverse and/or modify these le gal findings and conclusions. The Panel erred in 
its interpretation and application of Article 6.8 and Annex II, paragraphs 3 and 6. Investigating 
                                               
3 Panel Report, paras. 7.26-7.29, and para. 7.21, particularly the finding that ("… the phrase 
"confidential information" in Article 17.7 refers to the confidential information previously examined by the investigating authority and treated as confidential purs uant to Article 6.5 – and which is now provided to a 
dispute settlement panel pursuant to Article 17.7.") an d the interpretation of the phrase "person, body or 
authority". 
4 Panel Report, para. 8.9, first se ntence. The Panel Report contains a typographical error insofar as 
para. 8.9 refers to Article 2.2.1 (found within the terms of reference in para. 7.49 of the Panel Report), when it 
should refer to Article 2.2 (found outside the terms of refe rence in para. 7.48 of the Panel Report). The 
European Union also appeals para. 7.48 of the Panel Re port, particularly the fina l sentence. The European 
Union does not appeal para. 7.47 of the Panel Report.  
5 China's Notice of Appeal , paras. 5(a)(i) and (ii). 
6 Panel Report, para. 8.9, second se ntence, insofar as it contains the phrase: "did not reasonably reflect 
the costs associated with the prod uct under consideration". The Europe an Union also appeals the eighth 
sentence of para. 7.50 of the Panel Repo rt ("We also note that China accepts …"), insofar as it does not include 
the phrase "reasonably reflect the costs associated with the production and sale of the product under consideration", and the final sentence of para. 7.50, in sofar as the term "such obligations" does not include 
that phrase. 
7 China's Notice of Appeal , paras. 5(a)(i) and (ii). 
8 Panel Report, para. 8.6(c) and paras. 7.98-7.101; China's Notice of Appeal, para. 5(b).  
9 Panel Report, para. 8.7(a) and para. 7.102, particularly the final sentence. WT/DS460/8 
 
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  authorities are not permitted to disregard rectified data only because it is provided at verification, 
wholly failing in this respect to exercise their discretion, and base their determinations instead on facts available. The European Union requests the Appellate Body to complete the analysis. 
IV. INJURY 
6. The European Union appeals the Panel's legal findings and conclusions concerning the 
interpretation and application of Article 3.1 an d the second sentence of Article 3.2 of the 
Anti-Dumping Agreement, specifically with respect to the obligation to consider the effect of the 
price of the dumped imports on the price of  the domestic product being compared – and 
particularly with respect to the question of whether the price of Grade C imports had any 
significant price undercutting effect on domestic Grade C products.10 The European Union submits 
that these legal findings and conclusions of the Panel are legally erroneous and requests that the 
Appellate Body reverse and/or modify  them, and complete the analysis. 
7. The European Union appeals the Panel's legal findings and conclusions concerning the 
interpretation and application of Article 3.1 an d the second sentence of Article 3.2 of the 
Anti-Dumping Agreement, specifically with respec t to the question of whether MOFCOM's findings 
of price undercutting in respect of Grades B and C were sufficient to comply with MOFCOM's 
obligation to consider whether or not the price of the dumped imports had a significant effect on the price of the domestic product.
11 The European Union submits that these legal findings and 
conclusions of the Panel are legally erroneous and requests that the Appellate Body reverse and/or 
modify them, and complete the analysis. 
8. The European Union appeals the Panel's legal findings and conclusions concerning the 
interpretation and application of Articles 3.1 and Article 3.4 of the Anti-Dumping Agreement, 
specifically with respect to the assessment of th e impact of the dumped imports on the domestic 
industry.12 In effect, the Panel erroneously concluded that MOFCOM's failure to comply with the 
requirements of Article 3.2, as properly understood, and Article 3.5, had no implications for the consistency of the measure at issue with Article 3.4, and that, in this respect, there were no 
independent claims under Article 3.5. The Euro pean Union submits that these findings and 
conclusions of the Panel are legally erroneous and requests that the Appellate Body reverse and/or 
modify them, and complete the analysis. 
9. The European Union appeals – pursuant to Article 11 of the DSU – certain of the Panel's 
legal findings and conclusions concerning Articles 3.1 and Article 3.5 of the Anti-Dumping 
Agreement, specifically with respect to the assessment of causation.13 The European Union 
submits that, in this respect, the Panel failed  to make an objective assessment of the matter 
before it, as required by Article 11 of the DSU. It wrongly concluded that the European Union had 
not made relevant independent claims under Article 3.5, and it failed to assess those claims and 
arguments. The European Union requests that the Appellate Body reverse and/or modify these legal findings and conclusions, and complete the analysis. 
V. PROCEDURAL ISSUES 
10. The European Union appeals the Panel's legal findings and conclusions concerning the 
interpretation and application of Article 6.9 of the Anti-Dumping Agreement, specifically with 
respect to the obligation to adequately disclose essential facts – and particularly with respect to 
the data underlying MOFCOM's determination of  dumping with respect to SMST and Tubacex.14 The 
European Union submits that these legal findings and conclusions of the Panel are legally erroneous and requests that the Appellate Body  reverse or modify them, and complete the 
analysis. 
 
__________ 
 
                                               
10 Panel Report, para. 8.7(b)(i), first phrase, para. 7.130, and paras. 7.121-7.129. 
11 Panel Report, para. 8.7(b)(i), second phrase, para. 7.143, and paras. 7.136-7.142. 
12 Panel Report, para. 8.7(b)(ii), first phrase , paras. 7.152-7.155 and para. 7.170, penultimate 
sentence. 
13 Panel Report, para. 7.192, particularly the final sentence. 
14 Panel Report, para. 8.7(d)(i) and paras. 7.234-7.236, particularly para. 7.236.