| | Brazil - Imposition of Duties on Milk Powder (SCM/179 and Corr.1) /F (Site not responding. Last check: 2007-11-03) |
 | | In addition, the EEC argued that it was apparent from the absence of any relevant evidence in the notices of initiation of the investigation and of the imposition of the provisional countervailing duties that the Brazilian authorities had relied on the allegations in the request for initiation of an investigation, without themselves conducting an investigation. |
 | | The Panel was of the view that if, as argued by the EEC, the public notice of the imposition of the provisional duties did not provide factual and legal reasons for the imposition of these duties, this by itself was not a basis to find that the Brazilian authorities had not actually conducted an investigation. |
 | | The Panel noted the contention of the EEC that Brazil had not conducted any independent factual examination before proceeding to the imposition of provisional countervailing duties, and had simply relied on the allegations in the petition for initiation of an investigation as the factual basis for the imposition of the provisional countervailing duties. |
| www.sice.oas.org /dispute/gatt/93MILKP6.asp (5244 words) |