WTO: 2009 NEWS ITEMS

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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and External 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.

US — Subsidies on Upland Cotton: authorization to impose countermeasures.

Brazil recalled that in July and October 2005, it had requested the authorization to take countermeasures in response to the US' failure to comply with the DSB's recommendations and rulings in this dispute and that as a result of the US' objection, the matter was referred to arbitration. The Arbitrator's Decisions were circulated on 31 August 2009 and Brazil accordingly submitted requests to the DSB to authorize the suspension of concessions or other obligations (WT/DS267/41 and WT/DS267/42). The US reiterated its intention to comply with the DSB's recommendations and rulings and therefore did not believe that it would be necessary for Brazil to exercise that authorization. The US added that suspending concessions or obligations could present economic and other challenges for both Brazil and the US. The DSB agreed to grant Brazil authorization to impose countermeasures consistent with the Arbitrator's decisions contained in documents WT/DS267/ARB/1 and WT/DS267/ARB/2 and Corr.1.

US — Certain Country of Origin Labelling (COOL) Requirements: establishment of single panel.


The DSB had considered Canada's (WT/DS384/8) and Mexico's (WT/DS386/7 &Corr.1) requests for panels for the first time at its previous meeting on 23 October 2009. Pursuant to Canada's and Mexico's second requests at today's meeting, the DSB agreed to establish a single panel in accordance with Article 9.1 of the DSU, with standard terms of reference to examine both complaints. Argentina, Australia, Canada, China, Colombia, India, Japan, Korea, Mexico, Peru and New Zealand reserved their third party rights to participate in the panel's proceedings.


EC — Certain Measures Affecting Poultry Meat and Poultry Meat Products from the United States: establishment of panel.

The DSB had considered the US' request for a panel (WT/DS389/4) for the first time at its meeting of 23 October 2009. As a result of the US' second request at today's meeting, the DSB agreed to establish a panel, pursuant to Article 6 of the DSU, with standard terms of reference. Australia, China, Korea and Norway reserved their third party rights to participate in the panel's proceedings.


China — Measures Related to the Exportation of Various Raw Materials: panel request blocked.

The US, EC and Mexico each requested the establishment of a panel to examine Chinese measures that restrain the exportation of certain raw materials (WT/DS394/7, WT/DS395/7 & WT/DS398/6). They said that these restraints were causing hardship for non-Chinese companies dependent on these raw materials, and were providing an artificial cost advantage to downstream industries within China. The EC further said that these restraints were not a recent phenomenon but were a problem at the time of China's accession. China expressed disappointment that the US, EC and Mexico had chosen to move forward with requests for a panel. China was of the opinion that consultations had been constructive. China said that it was ready to communicate further with the complainants. China said it was therefore not in a position to agree to the establishment of a panel at this time.

  

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Next regular meeting of the DSB will be held on 21 December 2009.

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