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Dispute Settlement Body 24 July 2001
Nine members request establishment of panel against US “Continued Dumping and Subsidy Offset Act”

Nine WTO members requested together the establishment of a panel to examine the United States' “Continued Dumping and Subsidy Offset Act of 2000” also known as the “Byrd Amendment”. The US blocked this first request.

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Disputes in the WTO



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.

Panel requests deferred Back to top

The following requests for the establishment of panels were deferred:

Case DS217: United States — Continued Dumping and Subsidy Offset Act of 2000

The US blocked the first request by Australia, Brazil, Chile, European Communities (EC), India, Indonesia, Japan, Korea and Thailand to establish a panel concerning the US' Continued Dumping and Subsidy Offset Act of 2000. The nine complainants argued that the redistribution of anti-dumping and countervailing duties to the "affected domestic producers", who usually are the petitioners of the anti-dumping or countervailing measures, was against WTO rules.

The US answered that, in their view, the Byrd Amendment was fully consistent with WTO rules.

Case DS221: United States — Section 129(c)(1) of the Uruguay Round Agreements Act

The first request by Canada was not accepted by the US.

Panels established Back to top

Case DS206: United States — Anti-dumping and countervailing measures on steel plate from India

India reiterated its request for a panel. (First request was made on 20 June 2001). The US expressed its disappointment. The DSB agreed to establish a panel. Chile, EC and Japan reserved third-party rights to participate in the Panel's proceeding.


Case DS231:
European Communities — Trade description of sardines

Peru said that the EC's legislation was not compatible with WTO rules and had a negative impact on its exports and employment. The EC said it hoped to find a solution. This was Peru's second request and the DSB agreed to establish a panel. (First request was made on 20 June 2001). Canada, Chile, Columbia, Ecuador, Venezuela and US reserved third-party rights.

Case DS219:
European Communities — Anti-dumping duties on malleable cast iron tube or pipe fittings from Brazil 

The EC stressed that in the case at hand all correct procedures had been followed and called the Brazilian request "needless litigation". This was Brazil's second request and the DSB agreed to establish a panel. (First request was made on 20 June 2001). Chile, Japan and US reserved third-party rights.

Status reports: Surveillance of implementation of recommendations adopted by the DSB Back to top

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

The EC presented a further report on its banana import regime informing that work was going on to modify the Council Regulation in order to reserve the C tariff quota for African Caribbean Pacific (ACP) bananas in the transitional period and to make an additional quantity of 100,000 tonnes of bananas available to Most-Favoured-Nation (MFN) suppliers. The EC stated that is requests for a waiver under Article XIII ("Non-discriminatory administration of quantitative restrictions") was a prerequisite for modifying the Council Regulation.

Case DS76: Japan — Measures affecting agricultural products

Japan informed that it had completed technical consultation with the US on a new methodology on the eight agricultural products currently subject to prohibition and expected to notify soon the DSB of the mutually satisfactory solution.

Modifications of the reasonable periods of time Back to top

The DSB agreed to the US proposals to extend the reasonable periods of time until 31 December 2001 or the end of the current session of the US Congress, whichever is earlier, in the following cases: (DS160) United States — Section 110(5) of the US Copyright and (DS136/162) United States — Anti-Dumping Act of 1916.

Appeals Back to top

The panel reports on (DS58) United States — Import Prohibition of Certain Shrimp and Shrimp Products and (DS132) Mexico — Anti-Dumping Investigation of High Fructose Corn Syrup from the United States were appealed by Malaysia and Mexico, respectively, and therefore were removed from the agenda of the DSB meeting.

Next meeting Back to top

The next meeting of the DSB will take place on 25 September 2001.

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To search for documents on disputes follow this link to access the WTO on-line document database.

Insert the codes indicated (in particular, the dispute case number, e.g. “DS999”) in the “document symbol” window of the search engine.

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