The Appellate Body's decision affirmed an earlier finding by a WTO Dispute Settlement Panel that the U.S. unfair trade laws are inconsistent with the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement), which the Panel determined – in certain instances – does not authorize the cumulative assessment in an injury analysis of imports that are subject to simultaneous antidumping and countervailing duty investigations.
 
"Today's Appellate Body decision has the potential to further weaken the U.S. trade laws in a number of important respects," said Terence P. Stewart, the president of CSUSTL.  "The portion of the decision concluding that the International Trade Commission's long-standing practice of cross-cumulating imports subject to simultaneous antidumping and countervailing duty investigations is contrary to the United States' obligations as a member of the WTO is a clear example of overreaching by the Appellate Body.  Further, the decision includes problematic findings that could limit the effectiveness of the U.S. trade laws in countering unfair subsidies provided by foreign governments and the ability of the Commerce Department to rely on facts available where foreign producers and exporters fail to respond to requests for information.  We will be carefully reviewing the decision in the coming days and working with U.S. government officials to ensure that it does not undermine the strength and effectiveness of the U.S. unfair trade laws."
 

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CSUSTL is an organization of companies, trade associations, labor unions, workers, and individuals committed to preserving and enhancing U.S. trade laws.  Its membership spans all sectors including manufacturing, technology, agriculture, mining and energy, and services.  It is committed to ensuring the unfair trade laws are not weakened through legislation or policy decisions in Washington, DC, in international negotiations, or through dispute settlement processes at the WTO and elsewhere.