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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
Adoption of reports
The DSB adopted the panel report
(WT/DS337/R) on the EC's antidumping measures on farmed salmon from Norway.
Norway welcomed the adoption of the panel report in this long lasting
conflict and said the panel found the EC had committed a continuum of
violations. Norway said the EC had no choice but to remove the antidumping
measure. Norway concluded that this could be done very quickly using the EC
regulation allowing a “fast-track” repeal.
The EC said while the panel ruled in favour of Norway on certain points
mostly of a factual nature, it had also found in favour of the EC on a
similar number of points, predominantly of a legal nature. The EC accepted
the recommendations of the panel and would examine them when implementing
the ruling. The EC added that the panel explicitly declined to use its
discretionary power to recommend the revocation of the measure, despite
repeated Norwegian calls for the panel to do so.
Hong Kong China raised two legal issues contained in the report, one on the
use of sampling in injury determination permitted under the antidumping
agreement and one on the legality of excluding 'en bloc' non-producing
exporters in sampling under dumping determination. Hong Kong China added it
was disappointed with the panel's reasoning and ruling on these two points.
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Implementation
DS332: Brazil — Measures affecting imports of retreaded tyres
According to DSB rules and following the adoption of a report, the party
concerned should notify the DSB of it intention to implement the report
recommendations. For this reason, Brazil declared it intended to implement
the ruling. Brazil had been evaluating the options and the time frame needed
for the implementation. Brazil said it would consult with the EC about a
reasonable period of time for implementation.
The EC said it was satisfied with Brazil's intention to implement the DSB's
recommendations. The EC said it would be ready to discuss with Brazil on the
reasonable period of time for implementation. The EC added it would expect
Brazil to lift the import ban.
DS336: Japan — Countervailing duties on dynamic random access
memories from Korea
According to DSB rules and following the adoption of a report, the party
concerned should notify the DSB of it intention to implement the report
recommendations. For this reason, Japan said it would implement the panel
conclusions but added that it was not entirely satisfied with the ruling.
Japan said it would need a reasonable period of time for implementation and
would consult with Korea on this matter.
Korea welcomed Japan's intention to implement the ruling and said all it
required was the publication of a ministerial notice withdrawing the
countervailing measures that Japan improperly imposed. Korea said there was
no justification for allowing those duties to continue even one more day.
Korea added it would discuss implementation with Japan without delay.
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Next meeting
The next meeting of the DSB will take place on 21 January 2008.
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