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NEWS: 2002 NEWS ITEMS
Settlement Body 11 November 2002
At the Dispute Settlement Body on 11 November 2002, India announced that it had fully complied with the DSB rulings and recommendations in the dispute “Measures affecting automotive sector”.
DS160: United States — Section 110(5) of the US Copyright Act
The United States said that they had continued to work hard to reach a mutually acceptable arrangement with the European Communities and that the US Administration would continue to engage the US Congress.
EC expressed its disappointment that 27 months since the adoption of the
panel report no action had been taken by the US to comply with the panel
ruling. The EC urged the US to take rapid and concrete action to settle
the dispute and comply with DSB recommendations.
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 EC noted with surprise that the US did not mention a third bill introduced in the House of Representatives which would repeal the 1916 Act but leave the on-going Court cases unaffected. The EC said that a repeal with effects only on future cases could not be considered a satisfactory solution. The EC added that in the absence of immediate progress on the repeal and the termination of ongoing cases, it would proceed to resume arbitration under Article 22.
was deeply concerned by the fact that the United States had not
implemented the DSB recommendations and rulings. 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 and Japanese
companies were suffering serious and real financial consequences.
DS176: United States — Section 211 Omnibus Appropriations Act of 1998
The US said that the US Administration had continued to work with the US Congress on resolving this dispute and reminded the DSB that the implementation deadline was 31 December 2002 or the date on which the current session of the US Congress adjourns, whichever is later.
The EC said that it remained open to all solutions that could favour compliance. The EC also said that it was essential that any solution to this dispute address the question of the abandonment of trademarks.
The US said that the US Department of Commerce had published a proposed change to its “arm’s-length” test. The US added that it intended to implement the other recommendations and rulings of the DSB.
Japan said that the reasonable period of time would expire on 23 November 2002 and wondered whether the US would have completed its implementation by then. Japan also mentioned that the US, in its progress report, did not refer to the International Trade Commission whose application of the US law had been found to be inconsistent.
Implementation of the recommendations of the DSB back to top
DS207: Chile — Price band system and safeguard measures relating to certain agricultural products
Chile said that it was currently consulting with Argentina to find a mutually satisfactory solution and that it would require a reasonable period of time to implement.
said that it was indeed consulting with Chile. Argentina added that
implementation would imply allowing the translation of world prices into
the Chilean internal market.
DS231: European Communities — Trade description of sardines
The EC said that it would actively work to implement the DSB recommendations and rulings and that it was willing to engage discussions with Peru on an appropriate implementation period.
Peru said that prompt implementation would reinforce faith in the dispute settlement system, especially because the dispute involved a developing country. Peru said that it hoped that the EC would quickly amend its legislation so that exports of Peruvian sardines could start again soon.
Canada and Venezuela said that compliance would require allowing imports of all 21 species of sardines recognized by the Codex Alimentarius.
Other business back to top
India announced that it had fully complied with the DSB rulings and recommendations by terminating its indigenization and accrued export obligations for automobile manufacturers.
The EC expressed its satisfaction and congratulated India for its prompt implementation.
The US thanked India for its statement and its efforts to comply.
Next meeting back to top
The next regular meeting of the DSB is scheduled for 28 November 2002.
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