WTO Ruling Gives Victory to US on 'Facts Available' CV Duties, Says USTR

The World Trade Organization (WTO) appellate body’s rejection of Indian claims that the U.S. violates the “facts available” provisions in the WTO Agreement on Subsidies and Countervailing Measures (here) represents a significant gain for U.S. companies, said the Office of the U.S. Trade Representative in a statement. The panel issued its decision (here) on July 14 in the case involving U.S. countervailing duties on Indian hot-rolled carbon steel flat products (see 14071423). India had argued that U.S. law that allows for the U.S. of “facts available” when companies do not cooperate with the investigation is inconsistent with the multilateral agreement, said USTR. The U.S. responded that the agreement does not specify which facts should be selected in such circumstances, and therefore U.S. law is not in violation.