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Implementation
of the recommendations of the DSB
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DS160: United States — Section 110(5) of the US copyright act
The
US said that it was seeking a positive and mutually acceptable resolution
of the dispute with the European Communities. The US added that the US
Administration had been engaging with the US Congress with a view to
resolving this dispute.
The
EC said that it hoped work in Congress would be accelerated in the near
future.
DS136
& DS162:
United States — Anti-dumping Act of 1916
The
US said that bills repealing the 1916 Act had been introduced in both the
US House of Representatives and the US Senate and that those bills would
apply to all pending court cases. The US said that it would continue to
work for further progress in resolving this dispute with the EC and Japan.
The
EC said that the serious concerns it had expressed at the last Dispute
Settlement Body meeting had remained unheard. The EC added that the status
report showed again no progress towards implementation and that this
persistent non-implementation sent a worrying signal on the readiness of
the US to modify domestic law to comply with WTO obligations.
Japan
said that while the bill was still in the Congress, the suspended
proceedings in the US domestic courts under the 1916 Act had been reopened
as of 8 August, and that some Japanese companies were suffering serious
and real financial consequences.
DS176 :
United States — Section 211 Omnibus Appropriations Act of 1998
The
US reminded the Members that the reasonable period of time for
implementation of the DSB’s recommendations and rulings would expire on
December 31 2002, or on the date on which the current session of the US
Congress would adjourn, whichever was later. The US said that the US
Administration had been consulting with the US Congress concerning the
appropriate statutory measures.
The
EC said that it hoped that a satisfactory solution would be reached within
the reasonable period of time.
Cuba
said that since the Appellate Body had shown the incompatibility of
Section 211 with the US’ international intellectual property
commitments, this Section should be abolished.
DS184 :
United States — Anti-dumping measures on certain hot-rolled steel
products from Japan
The
US said that the US Department of Commerce had published a proposed change
to its "arm’s-length" test that was intended to implement the
recommendations and rulings of the DSB.
Japan
reminded the Members that the reasonable period of time for implementation
was due to expire on 23 November 2002 and said that it was gravely
concerned that the US may not complete its implementation by then.
The
EC reiterated its position in favour of a speedy and orderly
implementation of the conclusions and recommendations of the Panel and
Appellate Body reports.
Panels
established
back to topDS257:
United States — Final countervailing duty
determination with respect to certain softwood lumber from Canada
Canada, for the second time, requested the establishment
of a panel.
The US said that it had concerns with Canada’s panel
request. First, the US said, Canada had failed to consult on some of the
measures it raised in its panel request. Second, Canada was repeatedly
burdening the system with hypothetical disputes.
The panel was established. The following Members requested
to be third parties: the EU, Japan and India.
[Three other cases brought by Canada exist on the US’
softwood lumber import regime: DS236,
DS247 and
DS264]
DS250: United States
— Equalizing excise tax imposed by
Florida on processed orange and grapefruit products
Brazil requested for the second time the establishment of
a panel. Brazil added that it hoped that continued consultations, even as
the panel went forward, could lead to a constructive and mutually
acceptable solution.
The US said that it believed that Florida’s equalizing
excise tax was consistent with its WTO obligations and that further
dialogue would result in a mutually satisfactory solution to this matter.
The panel was established. The EU, Mexico and Paraguay
requested to be third parties.
Adoption
of report
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DS211:
Egypt — Definitive anti-dumping measures on steel rebar from Turkey
Turkey said that it did not fully agree with all of the
Panel’s conclusions in this case but that, with the belief that Egypt
would take the necessary measures towards implementation, it did not
intend to appeal the report.
Egypt said that it agreed with the findings of the Panel
and that it would take the necessary actions to implement its
recommendations either immediately or within a reasonable period of time.
The DSB adopted the panel report.
Next
meeting back to top
The next regular meeting of the DSB will take place on 11
November 2002.
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