Mexico definitive countervailing measures on olive oil from the european communities

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Arguments of the Parties

            1. The European Communities claims that Economía did not provide any written communication to the interested Members and interested parties informing them of the "essential facts under consideration which form the basis for the decision whether to apply definitive measures" as required by Article 12.8 of the SCM Agreement, and that Mexico therefore has acted inconsistently with its obligations under that provision.132

            2. Mexico disagrees that no disclosure was made, and argues that Economía made the required disclosure via the Preliminary Resolution.133 Mexico maintains that no further disclosure was necessary because no new essential facts were gathered between the issuance of the Preliminary and Final Resolutions, the latter of which formed the basis for the definitive measures.134 In this context, Mexico states that Economía conducted a verification of Fortuny after the Preliminary Resolution was issued, and that this verification only confirmed the information that Fortuny had submitted previously, for which reason the verification did not generate any new essential facts. Mexico argues that the panel report in Argentina – Ceramic Tiles supports its position, as that panel found that the requirements of Article 12.8 can be met in a variety of ways depending upon the facts of the case, including through the issuance of a preliminary determination.135

            3. In response to Mexico's argument that Economía's Preliminary Resolution constituted the disclosure of "essential facts" the European Communities argues that that Resolution was inadequate for that purpose, inter alia, because it was not identified as performing that function.136

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