WTO: 2008 NEWS ITEMS

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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.

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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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