EU vs. Colombia: A WTO Law Analysis of Anti-Dumping Duty Dispute

This presentation provides an overview of the WTO dispute between the European Union and Colombia, focusing on the EU's challenge to Colombia's imposition of anti-dumping duties on frozen fries imported from Germany, the Netherlands, and Belgium. The EU argues that these duties, ranging from 3% to 8% over two years, unfairly restrict access to the Colombian market, affecting a significant portion of European exports. The presentation discusses the EU's legal arguments based on Articles 2.1 and 2.6 of the Anti-Dumping Agreement, as well as Article 3, claiming inconsistencies in Colombia's determination of injury and objective scrutiny of import effects. It concludes that Colombia's actions are inconsistent with WTO regulations and relevant agreements. Desklib provides access to similar solved assignments and past papers for students.

World trade organization law -
Presentation

TABLE OF CONTENTS
• Introduction
• The dispute settlement procedure followed by the European Union and Colombia
• Presented issues
• Discussion of the legal arguments of the European Union based on Article 2.1
and 2.6
• Discussion of the legal arguments of the European Union based on Article 3 of
the Anti-Dumping Agreement
• Conclusion
• References

INTRODUCTION
The world trade organisation which is the WTO is
the body at global level which mainly deals with
the trade regulations between the concerned
nations. The primary aim of the organisation is to
ensure the free as well as smooth flow of the trade
between the various countries and as a result of
which almost every trading countries had
negotiated as well as signed the number of world
trade organisation agreements and made an attempt
to ratify the same in their respective parliaments

The dispute settlement procedure followed by
the European Union and Colombia
The procedure followed by the world trade
organisation for the dispute settlement
comprises of the various stages by which
the every case has to go through. Generally
here the conflicts can be resolved in two
major ways after the complaint has been
filed to the organisation.

PRESENTED ISSUES
The major issues which are contented by the European Union are of the
imposition of anti dumping duties by the Columbia on the imports of potatoes
which are being preserved and prepared in the form of frozen fries originating
mainly from Germany, Netherlands and Belgium.

LEGAL ARGUMENTS OF THE
EUROPEAN UNION BASED ON
ARTICLE 2.1 AND 2.6
Further the imposition of anti dumping duties was made applicable to European
imports over tenure of two years ranging from 3% to 8%. as a result of whi8ch
the said unjustifiable duties restricted the admittance to the Columbian market
while affecting nearly 85% of the total exports of frozen fries having worth of
19 million or over in a year. Other than this the European Union claimed that
the said measures which stands inconsistent with the duties comprises of
various articles of anti dumping agreement such as 1, 2.1, 2.4, 2.6, 3.1, 3.2, and
many more along with article 10 of the customs valuation agreement and article
VI of GATT 1994.

legal arguments of the European Union
based on Article 3 of the Anti-Dumping
Agreement
Moreover, the levied anti dumping duty also stands inconsistent with the
obligations under article 3.1 to 3.8 except 3.3 and 3.5 of the anti dumping
agreement because the said country which is the Columbia wrongly enclosed the
products of non-dumped category while exercising the determination of injury.
Furthermore, article 3.1 simultaneously with 3.2 of the agreement reason being
Columbia did not carried the objective scrutiny with regard to the effect of
imports of dumped category on the prices in the domestic market for the like
goods.

CONCLUSION
From the following essay it can be concluded that the imposition of various anti
dumping duties by the state of Columbia on the products, which is the frozen
fries, imported from the other states such as the Netherlands, Germany and
Belgium stands inconsistent and inadequate with the Articles of anti dumping
agreement.

REFERENCES
• Dixit, Avinash, "Anti-Dumping And Countervailing Duties Under Oligopoly"
(2020) 32(1) European Economic Review
• Dordi, Claudio, "Anti-Dumping, Countervailing Duties And Non-Market
Economies: The Experience Of Vietnam" [2021] SSRN Electronic Journal
• Eglin, Richard, "Trade And Environment In The World Trade Organisation"
(2020) 18(6) The World Economy
• Panda, Biranchi Narayan P., "Is Dispute Settlement System Of The World
Trade Organisation An Adjudicative Or Adjustive?" [2021] SSRN Electronic
Journal

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