Second examination of the “dairy” case implementation

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Status reports: Surveillance of implementation of recommendations adopted by the DSB

Case DS27: European Communities — Regime for the importation, sale and distribution of bananas

The EC welcomed the adoption by the Ministerial Conference in Doha of the waiver for the Cotonou Agreement between the EC and ACP countries. The EC announced that they were finalizing their work on the legal instruments that are required at internal level for the management of the three tariff rate quotas after 1 January 2002.

  
Case DS122: Thailand — Anti-dumping duties on angles, shapes and sections of iron or non-alloy

Thailand said it had undertook a re-examination of those aspects of the injury determination found in the panel report to be inconsistent with the Anti-Dumping Agreement. Thailand said the second examination reconfirmed that there had been material injury to the Thai domestic industry and that it decided to maintain the anti-dumping measure.

Poland said it did not believe that in changing the justification for imposition of the anti-dumping measure Thailand had implemented the recommendations and rulings of the DSB. Poland said it reserved its rights to request a review of implementation.

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

The US said that it was engaged in discussions with the European Communities to find a positive and mutually acceptable resolution of the dispute.

The EC confirmed but added that if it proved impossible to conclude such an arrangement before the end of the reasonable period of time – 31 December 2001 or end of the current session of the US Congress, whichever is earlier – they would have to request authorization to suspend concessions.

  
Case DS136/162: United States — Anti-dumping act of 1916

The US said that its administration had transmitted a proposed legislation implementing the recommendations and rulings in this matter to the US Congress on 23 July 2001. The proposed legislation would repeal Section 801 of the Revenue Act of 1916.

Japan said that as 31 December 2001, or the end of the current US Congress session, was approaching time was running out. Japan urged the US to complete the implementation within the reasonable period of time.

The EC said that the reasonable period of time would expire in the coming days and that Congress had not yet acted to adopt the necessary legislation repealing the 1916 Anti-dumping Act. The EC said that this situation was worrying and that if the US failed to comply, the EC would request authorization to suspend concessions.

 

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Panel requests deferred

Chile's request for a panel on Definitive safeguard measure on imports of preserved peaches Case DS238 against Argentina was deferred.

 

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Adoption of report

Case DS103/113: Canada — Measures affecting the importation of milk and the exportation of dairy products

The DSB adopted the Appellate Body and panel reports requested by the United States and New Zealand on Canada's implementation.

 

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Examination of implementation

Case DS103/113: Canada — Measures affecting the importation of milk and the exportation of dairy products

The DSB referred for the second time to the original panel complaints lodged by the United States and New Zealand regarding Canada's implementation of DSB recommendations.

New Zealand said that Canada's new measures for the export of dairy products equally involved the provision of export subsidies. New Zealand added that since the Appellate Body declined to rule on the consistency of Canada's measures, there continued to be a disagreement and this matter should be referred to the original panel.

The US said that because the Appellate Body did not reach a conclusion regarding the consistency of the Canadian measures, it requested the establishment of a second panel to examine Canada's implementation.

Canada said it was displeased by New Zealand and the US' requests. Canada said that there had to be finality to WTO dispute settlement and that it could not be an endless situation of “better luck next time”.

 

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DSU review

Following the mandate given to it by the Doha Ministerial Conference, the DSB started discussions on the negotiation of potential improvements and clarifications to the Dispute Settlement Understanding.

 

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Other business

Under other business, India complained that Turkey had not yet notified its tariff reductions in the Case DS34 Restrictions on imports of textile and clothing products.

 

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Next meeting

The next regular meeting of the DSB will be on 1 February 2002.