US—carbon steel (India): A major leap in trade remedy jurisprudence

Abstract

The Appellate Body’s findings in US—Carbon Steel (India) dispute raised by India is explored by the lawyers who assisted India in handling this dispute from the consultations stage all the way to the Appellate Body. The appeal raised by India in this case was one of the complex so far and related to a number of systemic issues besieging the WTO Agreement on Subsidies and Countervailing Measures. India was successful in defending the Panel’s findings that at least one injury cumulation provision within the US domestic law is ‘as such’ inconsistent with WTO law. India was also successful in a number of ‘as applied’ claims on issues relating to public body, benefit assessment, application of the facts available standard and inclusion of new subsidies, to name a few. The findings issued by the Appellate Body in relation to ‘cross-cumulation’ and inclusion of new subsidies serve as important turning points in the jurisprudence associated with the WTO subsidies discipline. The Appellate Body’s findings on other issues such as public body, benefit assessment and application of facts available standard, provide some much needed clarification of existing jurisprudence.