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