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Panel established 

DS357: US — Subsidies and other domestic support for corn and other agricultural products
DS365: US — Domestic support and export credit guarantees for agricultural products

At the second time requests of Brazil (WT/DS365/13) and Canada (WT/DS357/12/ and Corr.1), a single panel was established to review US farm subsidies and domestic support programmes.

In their requests, Brazil and Canada asked for a single panel to be established to consider both cases jointly. The US did not object to this proposal.

Canada stated that the US was providing trade distorting subsidies which were inconsistent with its WTO obligations. Canada estimated that the US exceeded the level of its authorised subsidies by billions of US dollars each year. Canada regretted that the consultations held in February 2007 did not resolve the matter.

Brazil regretted the exchange of information during the consultations held in August 2007 were not sufficient to dissipate its concerns. Brazil said that US measures nullified the benefits of the Agreement on Agriculture.

The US declared it was disappointed at Canada's and Brazil's requests. The US said that this dispute was an unnecessary diversion of resources and time from the Doha Round negotiations. The US stated that its farm programmes were designed to be in compliance with its WTO obligations and believed the panel would agree. The US added that some measures identified by Canada and Brazil had ceased to exist 5 years ago and others were not part of the consultations with Canada. The US added that in agreement with Canada and Brazil the meeting of the panel would be open to the public.

The countries that reserved their third party rights are the EC, India, Japan, Australia, Argentina, China, Thailand, Mexico, New Zealand, South Africa, Chile, Chinese Taipei and Nicaragua.

  

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Panel request 

DS367: Australia — Measures affecting the importation of apples from New Zealand

New Zealand requested a panel for the first time (WT/DS367/5) to review measures affecting market access of its apples into Australia.

Australia did not agree to the panel.

New Zealand said it had sought access for its apples into the Australian market since 1986. New Zealand considered that the measures prohibiting its apples into the Australian market were not scientifically justified and were inconsistent with the SPS Agreement. New Zealand regretted that the consultations held in October 2007 did not resolve the matter.

Australia was disappointed that New Zealand had requested a panel and added that the bilateral channels were the most effective way to deal with such a matter. Australia said it remained open to further consultations and stated that the measures identified by New Zealand were science based and in full compliance with its WTO obligations.

  

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Adoption of reports

DS332: Brazil — Measures affecting imports of retreaded tyres

The DSB adopted the Appellate Body report (WT/DS332/AB/R) and the panel report (WT/DS332/R) on Brazil's measures banning imports of retreaded tyres from the EC.

The EC said it was expecting Brazil to lift the import ban on retreaded tyres. The EC said it was the fastest and best way to do away with the current discrimination which was not permitted by the Appellate Body.

Brazil declared it would carefully examine the conclusions and recommendations of the two reports and would inform the DSB of its intentions regarding the implementation of the ruling.

The US said that it agreed with other members about the utmost importance of human health and environment protection. The US appreciated that the reports showed an understanding of the need to carefully evaluate these complex issues.

Australia welcomed the Appellate Body report.

 

DS336: Japan — Countervailing duties on dynamic random access memories from Korea

The DSB adopted the Appellate Body report (WT/DS336/AB/R) and the panel report (WT/DS336/R) considering Japan's countervailing duties imposed on DRAMs imports from Korea.

Korea said the reports would eliminate any basis for the continuation of countervailing duties on DRAMs exported to Japan.

Japan said it was not entirely satisfied with the findings of the Appellate Body but it would carefully review its recommendations and conclusions to decide on implementation measures.

The EC welcomed the Appellate Body report.

 

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Next meeting 

The next meeting of the DSB will take place on 21 January 2008.