A World Trade Organization dispute settlement panel on Monday issued a mixed result, rejecting numerous claims brought by India in a challenge against U.S. trade remedy laws and determinations issued by the U.S. Commerce Department regarding imports of certain steel products from India.
The WTO panel specifically rejected India’s challenges to key aspects of U.S. countervailing duty laws and regulations, and most of the hundreds of challenges brought by India against case-specific Commerce Department determinations in a countervailing duty proceeding covering hot-rolled carbon steel flat products from India.
The panel found that the U.S. measure allowing for “cross-cumulation” of dumped and subsidized imports when assessing injury in certain International Trade Commission determinations breaches WTO rules. However, the panel rejected other challenges brought by India against ITC’s injury determination in the investigation.
“With respect to findings by the panel that U.S. measures breach WTO rules in certain respects, the United States is studying those findings and will evaluate all options to ensure that U.S. remedies against unfair subsidies remain strong and effective,” the Office of the U.S. Trade Representative said.
Both India and the United States have the right to seek adoption or appeal of the report within 60 days of the report’s circulation.