Implementation back to top
& DS162: United States
— Anti-dumping Act of 1916
The United States reported that legislation repealing the 1916 Act was
pending in both the US Senate and the US House of Representatives and that
the House legislation had been scheduled for consideration for action this
Japan urged the US Administration to secure passage of bills repealing the
1916 Act during the second session of the 108th Congress. Japan added that
Congress must pass the repealing bills with proper retroactive effect,
since Japanese companies involved in cases brought under this Act incurred
substantial damages. Japan also stated that it had not yet made a final
decision on whether to reactivate the arbitration on the amount of
The EC commented that the repealing bills mentioned in the US report had
been pending for months and that discussion on them had not even started.
The EC said that two years had passed since the expiry of the
implementation period and that there still was no sign of implementation.
The EC added that the failure of the US to implement caused substantial
costs to EC companies involved in lawsuits based on the 1916 Act.
United States — Section 211 Omnibus Appropriations Act of 1998
The US reminded the DSB that the US and EC had agreed on 19 December 2003
to extend the US' implementation time until 31 December 2004. The US added
that it would continue to work with the US Congress to resolve this
The EC confirmed the extension of the implementation time and noted that
on 9 December 2003 a bill had been introduced in the Senate to repeal
Section 211 as part of a whole scheme of measures that would ensure an
effective protection of intellectual property rights both in Cuba and in
the US. The EC said that this offered a basis to resolve this dispute to
the benefit of all.
Cuba said that the US' non-compliance reflected a lack of political will.
DS184: United States
— Anti-dumping measures on certain hot-rolled steel
products from Japan
The US recalled that, at its meeting on 10 December 2003, the DSB had
extended the reasonable period of time to implement until 31 July 2004.
The US added that the US Administration would continue to work with the US
Congress to address the recommendations and rulings of the DSB.
Japan confirmed that the implementation time had been extended to 31 July 2004 and strongly urged the US to comply.
Chile — Price band system and safeguard measures relating to certain
Chile said that on 16 December it had introduced a new price band system
which reflected the recommendations and rulings of the DSB. Chile noted,
however, Argentina's disagreement on the compliance of this new system and
announced that the two governments had signed a procedural agreement in
case Argentina wanted to launch a "review of implementation".
Argentina confirmed that it did not believe that Chile had complied and
that a procedural agreement had been reached. Argentina added that,
according to the agreement, it would in due time request consultations
DS234: United States
— Continued dumping and subsidy offset act of
The US reported that, on 19 June 2003, legislation to bring the Offset Act
of 2000 into conformity with WTO rules had been introduced in the US
Senate and that in addition the US Administration had proposed repeal of
this Act in its budget proposal for fiscal year 2004. The US stated that
this remained the position of the US Administration.
Canada expressed disappointment and said that the US had had ample time —
11 months — to implement. Canada said that US$ 800 million had been
disbursed under this measure and that these payments were provided
directly to US companies that competed against exporters in Canada and
elsewhere. Canada added that approximately US$ 1.7 billion in cash
deposits had been collected by the US from Canadian exporters in one
industry alone and that these deposits remained at risk of being disbursed
in the future. Canada said that in the circumstances it had to seek
authorization from the DSB for retaliation and that along with seven other
WTO members, its request would be considered by the DSB on 26 January
Australia noted with regret the US' inability to comply by 27 December
2003 and encouraged US' efforts to achieve compliance.
Chile regretted the US' lack of implementation and said that along with
other co-complainants it would request authorization to suspend
concessions. Chile added that it hoped to avoid using this last recourse.
The EC expressed worry at the increasing number of disputes where the US
had not implemented. The EC said that the total amount of payments under
the Byrd amendment amounted now to around US$800 million and that in these
circumstances it had decided to preserve its rights by seeking
authorisation to suspend concessions to the US.
Japan said that it too would request authorization from the DSB to suspend
concessions and expressed hope that the US would take seriously the fact
that eight members had no other choice because of the US' non-compliance.
Korea complained that non-compliance undermined the credibility of the WTO
and announced that it would also request authorization for retaliation at
the special DSB meeting of 26 January 2004.
India said that it was encouraged by the US Administration's proposed
repeal of the amendment but that it was disappointed that it had not been
done within the implementation time. India said that it would request
authorization to suspend concessions.
Brazil and Mexico made similar comments.
China, a third party in this case, urged the US to implement in a timely
Panel requests back to top
DS296: United States – Countervailing duty investigation on dynamic random
access memory semiconductors (DRAMS) from Korea
For the second time, Korea requested the establishment of a panel
regarding the US' countervailing duty order against DRAMS originating in
The US said that it was confident that the panel would find the
determinations made by its authorities consistent with WTO obligations.
The DSB agreed to establish a panel and the following members requested
third-party rights: Japan, EC, China, Chinese Taipei.
DS299: European Communities
— Countervailing measures on dynamic random
access memory chips from Korea
For the second time, Korean requested the establishment of a panel
regarding the EC's countervailing measures on DRAMS from Korea.
The EC mentioned that the US had come to the very same conclusions as the
EC on the subsidization of the semiconductor industry in Korea. The EC
added that it was certain that its measures would be found fully WTO
The DSB agreed to establish a panel and the following members requested to
be third parties: Japan, United States, China and Chinese Taipei.
Other business back to top
Argentina announced that in accordance with the implementation time given
to it in the case "Argentina: Definitive safeguard measure on imports of
preserved peaches", as of 31 December 2003 its safeguard measure had
ceased to be in effect.
meeting back to top
A special meeting of the DSB will take place on 26 January 2004. The next
regular meeting of the DSB will take place on 17 February 2004.