Issuance of the Appellate Body Report concerning “China-Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (“HP-SSST”) from Japan” in the WTO Dispute Settlement Proceedings
(Statement by Foreign Minister Fumio Kishida)
October 14, 2015
1. On October 14 (same day local time), based on the dispute settlement proceedings, the Appellate Body of the World Trade Organization (WTO) issues its report in the dispute “China-Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes (“HP-SSST”) from Japan”, which Japan and the European Union had filed their complaints against China. In this report, the Appellate Body finds that that China acted inconsistently with the WTO Agreement and recommends that China bring its measures into conformity with its obligations under the WTO Agreement.
2. Japan highly values the issuance of the Appellate Body’s Report supporting Japan’s claims. Japan finds it deeply significant that the Appellate Body makes clear that the imposition of anti-dumping duties based on improper investigation cannot be sustained under the WTO Agreement.
3. As a result of this report, Japan calls for China to faithfully and promptly bring its WTO inconsistent measures into conformity with its WTO obligations under the WTO Agreement.
[Reference] Timeline and outline of this complaint
(1) In November 2012, the Chinese government made a decision to impose anti-dumping duties on HP-SSST from Japan and the European Union.
(2) In December 2012, Japan requested consultations with China based on the WTO Agreement. Also, in April 2013, Japan requested that the WTO establish a panel and the panel was established in May 2013. In February 2015, panel report was circulated to Members recommending China to bring its measures into conformity with its obligations under the WTO Agreement while rejecting some of Japan’s claims. Japan thus appealed to the WTO Appellate Body in May 2015.
(3) In the WTO dispute settlement system, the dispute is adjudicated by two bodies, the DSB Panel and the Appellate Body, with the Appellate Body being the final adjudicator. The Appellate Body report is regulated by the WTO Dispute Settlement Understanding and it is adopted by the WTO Dispute Settlement Body that convenes within 30 days from when the report is sent to the member nations. This report becomes the DSB recommendation.