Implementation back to top
DS162: US — Anti-Dumping Act of 1916
The US informed the DSB that the US Senate
passed the Miscellaneous Trade and Technical Corrections Act 2004, which
contained the repeal of 1916 Anti-Dumping Act. The US added that the bill
would be signed by the US President in the near future. The EC expressed
some satisfaction but said this should not be understood as an end to the
dispute. Japan welcomed the Miscellaneous Tariff Bill but regretted that
the bill did not have any retroactive effect. Japan argued that the
repealing Act would not prevent a Japanese company from paying damages
amounting to US$ 30 Million imposed by the Federal District Court in the
State of Iowa on May 2004.
DS176: US — Section 211 Omnibus Appropriations Act of 1998
The US stated that the US Administration was
continuing to work with the US Congress to find the appropriate statutory
measures that would resolve this dispute. The EC stressed that two bills
were pending in Congress to provide effective protection of intellectual
property rights and to repeal Section 211. Cuba argued that the US lack of
implementation was a political manoeuvre against Cuba to take away Havana
Club Holding’s legitimate rights on the trade mark Havana Club.
DS184: US — Anti-dumping measures on certain hot-rolled steel products
The US said that the US Administration was
working with the US Congress on the recommendations that were not
addressed before November 2002. Japan pointed out that identical words
have been repeated by the US on progress made regarding the implementation
of the DSB rulings. Japan expressed discouragement for not having yet seen
a bill which would rectify the US violation.
DS234: US — Continued Dumping and Subsidy Offset Act of 2000
The US said that the US Administration was
continuing to work with Congress to achieve further progress. The EC and
Japan complained that the US had not reported any progress. Canada added
that US$ 3 billion of duties had been collected in one sector alone and
therefore would seek authorization to suspend the application of tariff
concessions to the US. Brazil specified that US$ 1 billion had been
disbursed. Chile expressed disappointment that the US did not seize its
last opportunity to repeal the Continued Dumping and Subsidy Offset Act of
2000. India, Korea and Malaysia joined Chile to express their
disappointment that no further progress had been made by the US.
DS160: United States — Section 110(5) of the US Copyright Act.
The US reported that the US administration had
been consulting with the US Congress on the Section 110(5) of the US
The EC complained that nearly three years had
passed and the US government was only at the stage of consultation with
the US Congress. The EC added that the US, one of the Members that put
most emphasis on the intellectual property rights, was also the one that
had not implemented rulings on TRIPS matters.
DS257: United States — Final countervailing duty determination with respect to
certain softwood lumber from Canada
The US informed that the US Department of
Commerce would issue in the near future a determination on the basis of
the collected information relevant to the DSB rulings in its
countervailing duty investigation of softwood lumber products from Canada.
A draft had already been circulated to the interested parties for comment.
Recourse to suspension of concessions back to top
United States — Continue dumping and subsidy offset act of 2000
Seven member countries, the EC, Brazil, India,
Japan, Korea, Canada and Mexico, requested authorization to suspend the
application of concessions to the United States. The seven complainants
argued that the United States still had not implemented the DSB
recommendations after the expiry of the implementation time on 27 December
2003, and that sanctions were the only tool left to them to get the US to
The level of suspension of concessions would be
consistent with the Arbitrator’ decisions issued on 31 August 2004.
The United States reiterated its intention to
comply with the DSB rulings and emphasised that it would not be necessary
for complainants to exercise that authorization. The US also expressed its
concerns regarding the Arbitrator’s decisions on a varying level of
suspension on an annual basis. It worried that these annual adjustments
would suggest unpredictability.
The DSB agreed to grant authorization to suspend
the application to the US of tariff concessions and other obligations, as
provided in the decisions of the Arbitrator, in response to the requests by the seven countries in documents WT/DS217/38; WT/DS217/39; WT/DS217/40; WT/DS217/41; WT/DS217/42; WT/DS234/31 and
business back to top
Concerning the Foreign Sales Corporations
dispute DS108,the US informed the DSB that President
Bush signed into law the American Jobs Creation Act of 2004 (AJCA) on 22
October 2004. The ACJA repealed the tax exclusion of the Foreign Sales
Corporations Repeal and Extraterritorial Income Exclusion Act of 2000. The
concluded that it looked forward to the withdrawal of the suspension of
concessions by the EC.
meeting back to top
The next meeting of the DSB is
scheduled for 17 December 2004.