In EU Sample Clauses

In EU. Footwear (China) the Panel assessed whether a provision of the European Union's anti-dumping regulations violated Article I:1 on the basis that it subjected certain "[non-market economy (NME)] WTO Members, including China, to additional conditions in order for exporting producers to receive [individual treatment (IT)], while WTO Members with market economies automatically receive IT".14 The Panel found that: "[T]he automatic grant of IT to imports from market economy countries is an 'advantage' within the meaning of Article I:1. In our view, individual treatment ensures that producers and exporters receiving such treatment will not be subject to a duty higher than their own dumping margin, as would be the case for some producers or exporters subject to a country-wide duty imposed on the basis of a margin calculated on average export prices. Moreover, Article 9(5) of the Basic AD Regulation lists the WTO Members, including China, whose producers are not automatically accorded the right to individual dumping margins and anti-dumping duties, but must fulfil the conditions of that provision in order to benefit from that right. Thus, the application of Article 9(5) of the Basic AD Regulation will, in some instances, result in import of the same product from different WTO members being treated differently in anti-dumping investigations by the European Union. This to us establishes that the advantage of automatic IT is conditioned on the origin of the products. We therefore consider that Article 9(5) of the Basic AD Regulation violates the MFN obligation set forth in Article I:1 of the GATT 1994."15
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