Status
reports: Surveillance of implementation of recommendations
adopted by the DSB
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Case DS27:
European Communities — Regime for the importation, sale
and distribution of bananas
The
EC welcomed the adoption by the Ministerial Conference in Doha of the
waiver for the Cotonou Agreement between the EC and ACP countries. The
EC announced that they were finalizing their work on the legal
instruments that are required at internal level for the management of
the three tariff rate quotas after 1 January 2002.
Case
DS122:
Thailand
— Anti-dumping duties on angles, shapes and sections of iron or
non-alloy
Thailand
said it had undertook a re-examination of those aspects of the injury
determination found in the panel report to be inconsistent with the
Anti-Dumping Agreement. Thailand said the second examination
reconfirmed that there had been material injury to the Thai domestic
industry and that it decided to maintain the anti-dumping measure.
Poland
said it did not believe that in changing the justification for
imposition of the anti-dumping measure Thailand had implemented the
recommendations and rulings of the DSB. Poland said it reserved its
rights to request a review of implementation.
Case
DS160:
United
States — Section 110(5) of the US Copyright Act
The US said that it was engaged in discussions with
the European Communities to find a positive and mutually acceptable
resolution of the dispute.
The EC confirmed but added that if it proved
impossible to conclude such an arrangement before the end of the
reasonable period of time – 31 December 2001 or end of the current
session of the US Congress, whichever is earlier – they would have
to request authorization to suspend concessions.
Case
DS136/162:
United States
— Anti-dumping act of 1916
The US said that its administration had transmitted
a proposed legislation implementing the recommendations and rulings in
this matter to the US Congress on 23 July 2001. The proposed
legislation would repeal Section 801 of the Revenue Act of 1916.
Japan said that as 31 December 2001, or the end of
the current US Congress session, was approaching time was running out.
Japan urged the US to complete the implementation within the
reasonable period of time.
The EC said that the reasonable period of time
would expire in the coming days and that Congress had not yet acted to
adopt the necessary legislation repealing the 1916 Anti-dumping Act.
The EC said that this situation was worrying and that if the US failed
to comply, the EC would request authorization to suspend concessions.
Panel
requests deferred Back
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Chile's
request for a panel on Definitive safeguard measure on imports of
preserved peaches Case
DS238
against Argentina was deferred.
Adoption
of report
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Case
DS103/113:
Canada
— Measures affecting the importation of milk and the exportation of
dairy products
The DSB adopted the Appellate Body and panel reports requested by
the United States and New Zealand on Canada's implementation.
Examination
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Case
DS103/113: Canada
— Measures affecting the importation of milk and the exportation of
dairy products
The DSB referred for the second time to the original panel
complaints lodged by the United States and New Zealand regarding
Canada's implementation of DSB recommendations.
New Zealand said that Canada's new measures for the export of dairy
products equally involved the provision of export subsidies. New
Zealand added that since the Appellate Body declined to rule on the
consistency of Canada's measures, there continued to be a disagreement
and this matter should be referred to the original panel.
The US said that because the Appellate Body did not reach a
conclusion regarding the consistency of the Canadian measures, it
requested the establishment of a second panel to examine Canada's
implementation.
Canada said it was displeased by New Zealand and the US' requests.
Canada said that there had to be finality to WTO dispute settlement
and that it could not be an endless situation of “better luck next
time”.
DSU
review Back
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Following the mandate given to it by the Doha Ministerial
Conference, the DSB started discussions on the negotiation of
potential improvements and clarifications to the Dispute Settlement
Understanding.
Other
business Back
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Under other business, India complained that Turkey had not yet
notified its tariff reductions in the Case
DS34 Restrictions on imports of textile and clothing
products.
Next
meeting Back
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The next regular meeting of the DSB will be on 1 February 2002.
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