This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
See also:
> One-page summary of key findings of this dispute
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding
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Summary of the dispute to date back to top
The summary below was up-to-date at
See also: One-page summary of key findings of this dispute
Consultations
Complaint by the Philippines.
On 27 November 1995, the
Philippines requested consultations with Brazil in respect of a
countervailing duty imposed by Brazil on the Philippine’s exports of
desiccated coconut. The Philippines claimed that this duty was
inconsistent with WTO and GATT rules.
On 5 February 1996, the Philippines requested the
establishment of a panel. At its meeting on 21 February 1996, the DSB
deferred the establishment of a panel.
Panel and Appellate Body proceedings
Further to a second request to
establish a panel by the Philippines, the DSB established a panel at its
meeting on 5 March 1996. Canada, the EC, Indonesia, Malaysia, Sri Lanka
and the US reserved their third-party rights. On 16 April 1996, the Panel
was composed. The report was circulated to Members on 17 October 1996. The
report of the Panel concluded that the provisions of the agreements relied
on by the claimant were inapplicable to the dispute.
On 16 December 1996, the Philippines notified its
decision to appeal against certain issues of law and legal interpretations
developed by the panel. The report of the Appellate Body was circulated to
Members on 21 February 1997. The Appellate Body upheld the findings and
legal interpretations of the Panel.
The Appellate Body report and the Panel report, as
modified by the Appellate Body report, were adopted by the DSB on 20 March
1997.
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