./.WORLD TRADE
ORGANIZATIONWT/DS141/16
9 January 2003
(03-0095)
Original:  English
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Recourse to Article 21.5 of the DSU by India
Notification of an Appeal by India
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes ("DSU")
The following notification, dated 8 January 2003, sent by India to the Dispute Settlement
Body ("DSB"), is circulated to Members.  This notification also constitutes the Notice of Appeal, filed
on the same day with the Appellate Body, pursuant to the  Working Procedures for Appellate Review .
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Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Rule 20 of the  Working Procedures for Appellate Review ,  India
hereby notifies its decision to appeal to the Appellate Body certain issues of law and legal
interpretations covered in the Panel Report on  European Communities – Anti-Dumping Duties on
Imports of Cotton-Type Bed Linen from India:   Recourse to Article 21.5 of the DSU by India
(WT/DS141/RW, dated 29 November 2002).
The appeal relates to the following issues of law and legal interpretations developed by the
Panel in its Report:
(a) The Panel erred in law in concluding that the EC did not act inconsistently with Articles 3.1
and 3.2 of the Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994 ("Anti-Dumping Agreement") in paragraph 6.144 of the Panel Report
and reasoning leading thereto;
(b) The Panel erred in law in finding that the EC did have information before it on the injury
factors under Article 3.4 of the Anti-Dumping Agreement in paragraph 6.169 of the Panel
Report and reasoning leading thereto.  In reaching this conclusion the Panel failed in its
obligations under Article 17.6 of the Anti-Dumping Agreement and Article 11 of the DSU;and
(c) (i) The Panel erred in law in finding that India's claim 6 under Article 3.5 of the Anti-
Dumping Agreement was not properly before it in paragraph 6.53 of the Panel Report
and reasoning leading thereto;
(ii) The Panel erred in law in finding that the EC's measure is not inconsistent with
Article 3.5 of the Anti-Dumping agreement for failure to ensure that injuries caused
by other factors are not attributed to dumped imports in paragraph 6.246 of the Panel
Report and reasoning leading thereto.WT/DS141/16
Page 2
Accordingly, India requests the Appellate Body to reverse the conclusions reached by the
Panel in paragraphs 7.1-7.3 of the Report as it considers them to be error in law and based upon
erroneous findings on issues of law and related legal interpretations.
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