1.
The United States, the European
Communities and Japan appeal from certain issues of law and legal
interpretations in the Panel Reports, United
States – Anti-Dumping Act of 1916, complaint by the European Communities
(the "EC Panel Report") [1]
and United States – Anti-Dumping
Act of 1916, complaint by Japan (the "Japan Panel Report").[2] These Panel Reports were rendered by two
Panels composed of the same three persons.[3] The two Panel Reports, while not identical,
are alike in all major respects.
2.
The Panel was established to
consider claims by the European Communities and Japan that Title VIII of the
United States Revenue Act of 1916 (the "1916 Act") [4]
is inconsistent with United States' obligations under the covered
agreements. The 1916 Act allows,
under certain conditions, civil actions and criminal proceedings to be brought
against importers who have sold foreign-produced goods in the United States at
prices which are "substantially less" than the prices at which the
same products are sold in a relevant foreign market.[5]
[1]WT/DS136/R, 31 March 2000.
[2]WT/DS162/R, 29 May 2000.
[3]As the composition of both Panels was identical, we will refer to
the Panels as "the Panel".
[4]Act of 8 September 1916, 39 Stat. 756 (1916); 15 U.S.C. § 72.
[5]Relevant factual aspects of the 1916 Act are set out at paras.
2.1 - 2.5 and 2.13 - 2.16 of the EC Panel Report, and at paras. 2.1 - 2.5 and
2.14 - 2.16 of the Japan Panel Report.
Relevant portions of the 1916 Act are also reproduced in this
Report, infra, para. 129.