Settlement Body 28 November 2002
Ecuador and Turkey announce solution in fruit dispute
At the Dispute Settlement Body on 28 November 2002, Ecuador and Turkey announced that they had found a mutually agreed solution in their dispute concerning bananas and certain fruits.
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.
Surveillance of implementation of the recommendations of the DSB
DS160: United States — Section 110(5) of the US copyright act
The United States said that the US and European Communities were committed to finding a positive and mutually acceptable solution to the dispute. He said that the US Administration would continue to engage the US Congress following the Congressional recess with a view to settling this dispute as soon as practicable.
EC expressed disappointment with the lack of implementation by the United
States and noted that twenty-seven months had passed since the adoption of
the Panel Report in this case. It urged the US to take rapid and concrete
action to settle this dispute.
The US said that bills repealing the 1916 Act had been introduced in the US Congress and that these bills would apply to all pending court cases. The US assured that the US Administration would continue to work with the US Congress after the Congressional recess to achieve further progress in resolving this dispute.
The EC and Japan expressed concern about the lack of progress in this matter and urged the US to repeal the 1916 Act without further delay. They noted that proceedings against some of their companies had resumed and that it was imperative that the US take swift action to prevent their companies from incurring huge expenses to defend themselves. They also expressed concern about the bill introduced by Representative Henry Hyde in June 2002, which, if adopted, would repeal the 1916 Act, but would not affect pending cases.
DS176: United States — Section 211 Omnibus Appropriations Act of 1998
The US said that the US Congress would convene early next year and that the US Administration would continue to engage the US Congress with a view to finding a solution to this dispute.
The EC noted that the US status report was too brief and did not shed light on the steps being taken by the US to bring its measures into conformity with the recommendations and rulings of the DSB.
Cuba urged the US to bring its measures into conformity with the recommendations and rulings of the DSB within the reasonable period of time that it had agreed with the EC.
DS184: United States — Anti-dumping measures on certain hot-rolled steel products from Japan
The US said that the US Department of Commerce had issued a new final determination in the hot-rolled steel anti-dumping duty investigation, which implemented the recommendations and rulings of the DSB with respect to the calculation of anti-dumping margins in that investigation. Regarding the recommendations and rulings of the DSB with respect to the US anti-dumping status, the US said that the US Administration was continuing to consult and to work with the US Congress with a view to resolving this dispute in a mutually satisfactory manner. The US added that to that end it was consulting with Japan and had sought its agreement to extend the reasonable period of time to 31 December 2003 or the end of the first session of the next Congress, whichever was earlier.
Japan expressed disappointment about the failure of the US to implement the recommendations and rulings of the DSB within the reasonable period of time. Japan said that while it would probably agree to an extension of the reasonable period of time, it expected the US to bring its measures into compliance as soon as practicable. Japan added that it reserved its right to take appropriate action in the event of non-compliance again by the US.
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Implementation of the recommendations of the DSB
DS236: US — Preliminary determinations with respect to certain softwood lumber from Canada
The US said that measures at issue in this dispute were no longer in effect and that the provisional cash deposits that Canada challenged had been refunded prior to the circulation of the Panel Report. The US said that as such it did not have to take any further action to comply with the recommendations and rulings of the DSB.
Canada dismissed the view of the US that no action was required on its part to implement the recommendations and rulings of the DSB. Canada said that the legal methodologies found by the Panel to be plainly illegal in the US Preliminary Countervailing Duty Determination remained unchanged in the Final Determination.
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DS237: Turkey – Certain import procedures for fresh fruit
Ecuador and Turkey informed the DSB that they had found a mutually satisfactory solution to their dispute.
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The next regular meeting of the DSB is scheduled for 19 December 2002.
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