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Dispute Settlement Body 8 March 2002

Dispute Settlement Body adopts report on US-South Korea line pipe dispute

At its meeting on 8 March 2002, the DSB adopted a report of the Appellate Body on the dispute “United States — Definitive safeguard measures on imports of circular welded carbon quality line pipe from Korea” (case DS202). This dispute was brought to the WTO by the Republic of Korea on June 2000.

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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 Body’s meetings.

DS202: United States — Definitive safeguard measures on imports of circular carbon quality line pipe from Korea

After the adoption of the Appellate Body report by the DSB, the Republic of Korea made a statement in which it welcomed the findings and rulings that the US safeguard measure on line pipe is not consistent with various provisions of the WTO safeguard agreement. Korea, as well as the EC, Australia, Hong Kong China and Japan, noted in their respective statements the fact that safeguard measures are extraordinary measures which can only be applied when very strict conditions are met. Mexico and Canada commented on the exclusion of these countries from the measures under the FTA (Free Trade Agreement) with the United States. The US regretted that the AB affirmed the ultimate conclusion of the panel in this dispute but said it plans to respond quickly to this ruling.

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Implementation of the recommendations of the DSB

DS160:  United States — Section 110(5) of the US Copyright Act

The US reported to the DSB that it has been engaged in discussions with the European Communities to find a positive and mutually acceptable resolution to the dispute. In light of those discussions, the US said, the arbitration in this matter has been suspended at the joint request of the parties. The EC noted that the US has not made progress towards compliance with its obligations under the TRIPS Agreement.

DS136: United States — Anti-dumping act of 1916

The US notified the DSB of House Resolution 3557, introduced in the US Congress on December 20, 2001, which would repeal the 1916 Act. The EC said compliance will only be achieved once the law is effectively repealed and pending cases terminated.

DS155: Argentina — Measures affecting the export of bovine hides and the import of finished leather

Argentina and the EC notified the DSB of an agreement concerning procedures under article 21 and 22 of the DSU to solve this dispute in a satisfactory manner taking also into account the exceptional difficulties that Argentina is currently facing. (WT/DS155/12)

DS222: Canada — Export credits and loan guarantees for regional aircraft.

Canada said it is considering its options on how best to proceed with respect to this matter and that substantive bilateral negotiations with Brazil have continued. Brazil express hopes of a prompt resolution to this dispute.

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Request for the establishment of panels

DS204:  Mexico — Measures affecting telecommunications services

The US made its first request for the establishment of a panel to address “Mexico's failure to implement its GATS commitments for cross-border telecommunications services”. Mexico rejected the complaint saying that it has tried to address the concerns of the US even in matters not covered by Mexico's commitments under the WTO.

DS241: Argentina — Definitive anti-dumping duties on poultry from Brazil

Brazil requested for the first time the establishment of a panel after reporting that consultations have not led to a mutually agreed solution. Brazil considers that these Anti-Dumping measures are inconsistent with several provisions of the Anti-Dumping Agreement and have significantly impacted upon Brazil's exports of poultry to Argentina. Argentina rejected the Brazilian request saying that the measure was taken in accordance with Article VI of GATT 1994 and the Anti-Dumping Agreement.

The DSB also accepted the proposed nominations for the indicative list of governmental and non-governmental panelists (WT/DSB/W/187)

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Next meeting

The next regular meeting of the DSB is scheduled for 17 April 2002.


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