Implementation
of the recommendations of the DSB
back to top
DS160: United States — Section 110(5) of the US copyright act
The United States reported to the DSB that they had been engaged in
discussions with the EC to find a positive and mutually acceptable
resolution of the dispute. The US reminded the DSB that arbitration on the
suspension of concessions had been suspended at the joint request of the
parties.
The EC complained that the US had made no progress towards compliance
even though 22 months had lapsed. The EC added that the bilateral EC/US
meetings had not yet led to any solution.
Australia registered its concern about a possibly discriminatory
compensation arrangement.
DS136
& DS162: United States — Antidumping act of 1916
The US said that on 23 April 2002 a bill that would repeal the 1916 Act
was introduced in the US Senate. The US added that it was continuing to
work with the EC and Japan to reach a mutually satisfactory resolution.
Japan said that the date of 20 June was fast approaching, after which
the arbitration proceeding could be reactivated by either party. Japan
said it hoped that a solution could be found by that date and that the US
would repeal the act as soon as possible.
The EC said that it had agreed to suspend arbitration so as to give
Congress the necessary time. The EC noted however that once again the US
Congress had made no progress and that this lack of compliance was
worrying. The EC added that such non-compliance had a serious adverse
effect on European Union companies.
DS189:
Argentina —
Definitive anti-dumping measures on imports of ceramic floor tiles from
Italy
Argentina said that on 24 April 2002, it revoked the anti-dumping
measure and thus considered that it had fully implemented the
recommendations and rulings of the DSB.
The EC welcomed the rapid solution of this dispute and congratulated
Argentina for its efforts.
DS146
&
DS175:
India —
Measures affecting the automotive sector
India said it would need a reasonable period of time to implement the
recommendations and rulings of the DSB.
The US and the EC said they looked forward to discussing this question with
India.
Request
for the establishment of panels
back to top
DS244:
United States — Sunset review of anti-dumping duties on
corrosion-resistant carbon steel flat products from Japan
Japan requested for the second time the establishment of a panel. Japan
said that the US measure was inconsistent with the WTO Anti-dumping
agreement.
The US argued that the Sunset review was WTO consistent.
The DSB established a panel. India, Korea, Chile, Norway, Canada, the
EC and Venezuela requested to be third parties.
DS245:
Japan — Measures affecting the importation of apples
The
US requested for the first time the establishment of a panel, saying that
the restrictions Japan currently maintained on US apples in connection
with fire blight lacked scientific basis and were therefore inconsistent
with the WTO Agreement on Sanitary and Phytosanitary Measures.
Japan
blocked the establishment of a panel arguing that its measures were
indispensable for preventing the introduction of fire blight and were WTO
consistent.
DS248:
United States — Definitive safeguard measures on imports of certain
steel products
The EC said that during joint
consultations held in April 2002, the EC, together with Japan, Korea,
China, Switzerland and Norway, had conveyed the common view that the
protectionist US measures on steel were contrary to WTO requirements on
safeguards and had called for their immediate termination. The EC added
that unfortunately, these consultations had not led to an amicable
solution and it was therefore requesting a WTO panel.
The EC noted that the Appellate Body had already condemned all six US
safeguards brought to WTO: on wheat gluten, lamb, line pipe, underwear,
shirts and blouses and cotton yarn.
The US answered that it was regrettable that the EC had chosen to
challenge the US safeguard measures which were fully WTO consistent. The
US did not accept the establishment of a panel.
Japan said it could not obtain satisfactory answers from the US during
their consultations. Japan said it urged the US to terminate immediately
its safeguard measures. Japan added that it had submitted its own request
for the establishment of a panel on 21 May 2002 and that it had requested
a special meeting of the DSB on 3 June.
Korea said that the US steel safeguard measures had led to a spiral of
protectionist measures in steel trade. Korea cited as an example China's
announcement of their own provisional safeguard measures on 21 May 2002.
Korea said that it had also requested a special meeting of the DSB on 3
June when it would request the establishment of a panel.
Cuba said it was disappointed by the latest news and that the US move
was in contradiction with the Doha Declaration and affected the
credibility of the WTO.
Brazil informed the DSB that on 21 May 2002 it had requested
consultations with the US on its safeguard measures (DS259/1).
Finally, the EC mentioned that it would use the opportunity of the 3
June special meeting to request a panel for the second time.
DS243:
United States
—
Rules of origin for textile and apparel products
India requested for the first time the establishment of a panel.
The US responded that it could not accept the establishment of a panel
as it believed its legislation to be fully WTO consistent. The US added
that it had serious concerns relating to India's panel request as it
seemed that the Secretariat had modified it although it had no authority
to do so.
The Secretariat responded that it had only corrected a typographical
error in India's request and thus had made no substantial modification.
Several delegations said they were grateful for the Secretariat's help
in checking documents.
Request
for a compliance panel back to top
DS141: European Communities — Anti-dumping duties on imports of
cotton-type bed linen from India
India requested the establishment of an Article 21.5 panel to examine
the EC's compliance with the DSB recommendations and rulings.
The EC said that it was surprised by India's request and that it
believed it had fully and faithfully implemented the DSB recommendations
and rulings.
The DSB agreed to refer this matter to the original panel. The US and
Japan requested to be third parties.
Other
business
back to top
DS222: Canada — Export credits and loan guarantees for regional
aircraft
Brazil complained that Canada still had not withdrawn its subsidies to
Bombardier despite the expiry on 20 May 2002 of the 90-day period given to
it by the WTO panel for this withdrawal. Brazil said that Canada has thus
failed to comply and that it reserved its rights to suspend concession as
regards Canada.
Canada said that it was working with Brazil toward a resolution of the
aircraft dispute that would encompass both Canadian and Brazilian
programmes. Canada added that it did not consider that it had to take any
steps concerning aircraft delivered prior to 20 May 2002 and that it had
advised Brazil that it would honour its commitments in respect of existing
contracts for the delivery of new aircraft.
Next meeting
back to top
A special meeting of the DSB will take place on 3 June 2002.
The next regular meeting of the DSB is scheduled for 24 June 2002.
|