New Delhi : India has filed a notice of appeal against portions of the WTO order in a case relating to imposition of countervailing duty by the US on domestic steel products.
“On 8 August 2014, India filed a notice of appeal regarding the panel report in United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India,” WTO said in a statement, reports PTI.
Although the dispute settlement panel of the WTO has ruled in India’s favour against the US’ imposition of higher duties on New Delhi’s steel imports, some portions of the ruling has not gone down well with India. In its rulings in favour of India, WTO’s panel has held that the US law mandating cumulation of non- subsidized imports with subsidised imports while determining injury in a countervailing duty (CVD) investigation is inconsistent with WTO obligations under subsidies.
The panel has held that the US had no factual basis to hold that the grant of mining rights for iron ore and coal was a subsidy.
WTO said that parties to a dispute can appeal for a panel’s ruling.
Appeals have to be based on points of law, such as legal interpretation — they cannot re-open factual findings made by the panel.
Each appeal is heard by three members of a permanent seven-member Appellate Body comprising persons of recognized authority and unaffiliated with any government. Generally, the Appellate Body has up to 3 months to conclude its report.