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WTO finds U.S. wrongly applies adverse facts available in win for Canada

July 05, 2018
A World Trade Organization panel has broadly found that the U.S. as a practice has improperly driven up countervailing duty rates by discovering alleged subsidies that were not disclosed by respondents during investigations, claiming those respondents are not cooperating, and applying adverse facts available. The panel also found that the U.S. violated a slew of articles in the Agreement on Subsidies and Countervailing Measures when it applied countervailing duties on Canadian supercalendered paper in December of 2015. The panel sided...


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