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DS217
& DS234:
United States — Continued Dumping and Subsidy Offset Act of 2000
The co-complainants had requested this meeting to
hear US' intentions regarding implementation of the findings in this
dispute, since the DSB had adopted the panel and Appellate Body
reports at its meeting on 27 January 2003. They explained that
according to DSU Article 21.3 the US was obliged to notify its
intentions regarding implementation at a DSB meeting held within 30
days after the date of adoption. The co-complainants also stated
that they were ready to discuss with the US the reasonable period of
time for implementation.
The US said it was puzzled as to why the
co-complainants had requested this meeting since the US had already
declared its intentions to comply with the rulings at the DSB
meeting on 27 January 2003 and
repeated them at the DSB meeting on 19 February 2003. The US
maintained that there was nothing in DSU Article 21.3 which
prevented a Member from immediately stating its intention during the
discussion leading to the adoption of the reports. The US also
maintained that there was nothing in Article 21.3 which obliged it
to state that it required a reasonable period of time. The US
concluded by saying that it was clear that it would need a
reasonable period of time to implement.
(According to Article 21.3 of the DSU, the parties have 45 days
from the date of adoption — i.e. from 27 January 2003 — to agree
on a reasonable period of time. If they are unable to reach an
agreement, the issue is referred to arbitration.)
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