WTO Panel Report on UAE-Pakistan Dispute Over Anti-Dumping Duties on BOPP Film

A WTO panel issued its report on the dispute between UAE and Pakistan regarding the anti-dumping measures imposed by Pakistan on UAE's BOPP film exports (Biaxially Oriented Polypropylene).

On 15 May 2018, the panel was established at the United Arab Emirates' request, which claimed that Pakistani measures were inconsistent with the provisions of the WTO agreement on Anti-Dumping.

The Anti-Dumping duties applied by Pakistan were originally enforced back in 2013 upon a final determination by the National Tariff Commission (NTC),  to impose a duty amounting to 29.70% on imports of UAE's Taghleef Industries and 57.09% on imports of all other UAE exporters.

The NTC then issued its sunset determination on 1 December 2016, extending the anti-dumping duties, at the same rates, for five more years.

The Uae requested the WTO panel to revoke the anti-dumping measures imposed by Pakistan and further refund duties paid by UAE exporters. 

In its final report, the WTO panel recommended that Pakistan bring its measures into conformity with its obligations under the Anti-Dumping Agreement by withdrawing the anti-dumping measures imposed on BOPP film from the United Arab Emirates. However, the panel declined to suggest Pakistan should refund the anti-dumping duties already paid. 

The WTO panel based the decision on its finding that the UAE  had established that the final determination of the Pakistani authority to impose anti-dumping duties on UAE imports was inconsistent with :

"i. Article 5.3 of the Anti-Dumping Agreement, because Pakistan did not assure itself that there was sufficient evidence to justify initiation of an investigation; 

ii. Article 2.1 of the Anti-Dumping Agreement, because Pakistan made a determination of dumping without evidence of current dumping; 

iii. Article 3.1 of the Anti-Dumping Agreement, because Pakistan did not base its determination of injury on evidence of current injury; 

iv. Articles 3.1 and 3.2 of the Anti-Dumping Agreement, because Pakistan did not objectively consider whether the volume of dumped imports in absolute terms and relative to domestic production had increased significantly during the POI, and whether the effect of the dumped imports on prices of the like product had been significant price undercutting and significant price depression during the POI; 

v. Articles 3.1 and 3.4 of the Anti-Dumping Agreement, because Pakistan did not evaluate all the injury factors listed in Article 3.4, and did not objectively evaluate the impact of the dumped imports on the state of the domestic industry; and

 vi. Articles 3.1 and 3.5 of the Anti-Dumping Agreement, because Pakistan based its causation analysis on findings that were inconsistent with Articles 3.1, 3.2, and 3.4, and did not ensure that injury caused by other known factors was not attributed to the dumped imports."

 To read the panel report, Click Here. 

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