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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
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