Appellate Body supports Panel rulings against US Byrd

Appellate Body supports Panel rulings against US Byrd

The WTO Appellate Body has released its findings against the US dumping and subsidy offset act of 2000, which is also known as the “Byrd Amendment”. Previously, on September 18, 2002 the WTO Panel ruled that this act was inconsistent with certain provisions of the WTO agreements on anti-dumping and subsidies because it is a specific action against dumping and subsidy. WTO Appellate Body has now released its report supporting this Panel's finding in this respect. However, the findings of the Panel regarding inconsistency of this “Byrd Amendment” with other WTO provisions relating to the support required for initiating an investigation and that the US may be regarded as not having acted in good faith with respect to its obligations have been overruled by the Appellate Body. Under this agreement the US distributed around $480 million of duties collected under anti-dumping an anti-subsidy measures, to the US companies who first brought the cases, during the last two years. EU Trade Commissioner Pascal Lamy expressed his expectations that the US takes quick action in order to repeal this Byrd Amendment.