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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
Adoption of rulings back to top
The panel reports were circulated on
29 February 2008. Both cases concern the enhanced continuous bond
requirement (EBR) which has been imposed by US Customs since 1 February 2005
on imports of frozen warmwater shrimp subject to anti-dumping duties. As a
result of the EBR, importers of shrimp from certain countries into the US
are required to post (i) cash deposits equal to the margin of dumping found
to exist in the original investigation or the most recent assessment review;
(ii) a basic bond amount (required from all importers of merchandise into
the US); and (iii) an enhanced continuous bond (equivalent to 100 per cent
of the anti-dumping or countervailing duty rate established in the original
anti-dumping or countervailing duty order, or the most recent administrative
review, multiplied by the value of imports made by the importer during the
previous 12 months).
Thailand and India appealed on 17 April 2008, and the US appealed on 29
April 2008. Due to their similar subject matter, both appellate proceedings
were consolidated and a single Appellate Body report was issued on 16 July
Removal of agenda item back to top
The panel report in the case “India — Additional and Extra-Additional Duties on imports from the United States” (DS360)
was removed from the agenda at the start of the meeting following the
announcement by the Chairman that the US had notified the DSB of its
decision to appeal the panel report.
Expression of views under Article 17.14 of the DSU prior to the adoption of
an Appellate Body report
This item was inscribed on the agenda at the request of the EC. The EC made
a statement about the expression of views in the DSB and the subsequent
circulation of documents containing such comments, especially regarding the
content, length and format of such circulated statements. Japan's
understanding of the thrust of the EC statement was its concern that the
authority of adopted Appellate Body reports and the mandatory nature of
unconditional acceptance of reports by the parties should not be undermined
by particular ways and forms in which members express their views on those
reports. Other delegations spoke to say that they would appreciate a period
of reflection before returning for a further discussion.
Other business back to top
The EC made a statement concerning
implementation in the “salmon” case (DS337). The EC recalled that the panel
report was adopted on 15 January 2008, and that it did not call for the
repeal of the anti-dumping measure in question. Norway and the EC had
mutually agreed that the reasonable period of time for implementation would
expire on 15 November 2008. The EC stated that it had already taken a number
of implementation steps.
The EC informed the DSB that, unrelated to the WTO proceedings and prior to
the adoption of the panel report, five EU member states on 20 February 2007
had requested under the EC Basic Regulation an interim partial review of the
measure challenged by Norway. The review has now concluded, announced the
EC, and has resulted in the withdrawal of the measure effective 20 July
2008. The EC stated that as a result no further action was required by the
EC in terms of compliance under the WTO panel proceedings.
Norway spoke briefly. It appreciated that the EC had now repealed the
anti-dumping measures against farmed Norwegian salmon. Norway noted “with
some surprise” that the repeal was coupled with a special surveillance
mechanism and that the European Commission can self-initiate a new
investigation at any time over the next two and a half years. Norway said
that it was difficult to see justification for subjecting salmon to such a
special mechanism. For almost 20 years Norwegian salmon had been the subject
of trade restrictive measures in the EU, said Norway.
meeting back to top
The next regular meeting of the DSB
is scheduled for 29 August 2008.
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