Common use of Other Defects Clause in Contracts

Other Defects. The Community made a number of errors in determining the costs and profits of the Japanese exporters when constructing their normal values. In these respects also the Community' s actions were inconsistent with Article 2, and in particular paragraph 4. The Panel considered that the claims of Japan regarding defects in the manner in which the EC constructed the normal value fell within the scope of this paragraph. However, it noted that there might be some question as to whether this paragraph was sufficiently specific to provide notice to the EC and third parties regarding the nature of the claims asserted by Japan.

Other Defects. The Community made a number of errors in determining the costs and profits of the Japanese exporters when constructing their normal values. In these respects also the Community' s 's actions were inconsistent with Article 2, and in particular paragraph 4. The Panel considered that the claims of Japan regarding defects in the manner in which the EC constructed the normal value fell within the scope of this paragraph. However, it noted that there might be some question as to whether this paragraph was sufficiently specific to provide notice to the EC and third parties regarding the nature of the claims asserted by Japan.