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Dispute Settlement Body 31 August 2004

DSB adopts reports on softwood lumber from Canada

At its meeting on 31 August 2004, the Dispute Settlement Body adopted the Appellate Body and Panel reports on Canada's complaint concerning the United States' final duty determination on certain softwood lumber from Canada (WT/DS264).

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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.

Implementation   back to top

DS136 & DS162: US — Anti-Dumping Act of 1916

The US informed the DSB that the Congress had been in recess since July 23 and the US administration would continue its work when it returns in September. Japan mentioned the possibility of reactivating the arbitration process, while the EC recalled that it may adopt anytime a specific antidumping legislation applicable to US products.

DS176: US — Section 211 Omnibus Appropriations Act of 1998

The US stated that the US administration was continuing to work with the US Congress to find the appropriate statutory measures that would resolve this dispute. The EC said that it expected that the US administration would support the “US-Cuba Trademark Protection Act” as an appropriate solution to this dispute. Cuba referred to a letter from the Government of Cuba sent to the Director-General and circulated as a communication (WT/DSB/COM/7) to the Member countries.

DS184: US — Anti-dumping measures on certain hot-rolled steel products from Japan

The US requested that the “reasonable period of time” for implementation of the remaining rulings to be extended from 31 July 2004 to 31 July 2005. Following consultations with the US, Japan decided not to object to the modification of the “reasonable period of time” proposed by the US.

DS217 & DS234: US — Continued Dumping and Subsidy Offset Act of 2000

The US recalled that US administration would continue to work to bring the Continued Dumping and Subsidy Offset Act into conformity with US WTO obligations.

While awaiting the award of the arbitrator under DSU Article 22.6, Japan, Chile and Canada said that repealing the US WTO inconsistent measure was a preferred solution rather than retaliation. The EC called on the US administration to convey to Congress the importance for the US credibility in the WTO to respect other Member's rights.


Request for panel establishment   back to top

DS312: Korea — Anti-dumping duties on imports of certain paper from Indonesia

At this DSB meeting, for the first time Indonesia requested the establishment of a panel (DS312/2) to examine the imposition by the Republic of Korea of definitive anti-dumping duties on imports of business information paper and uncoated wood-free printing paper from Indonesia.

Korea blocked this first panel request by Indonesia. The DSB agreed to revert to this matter.


Adoption of reports   back to top

DS264: United States — Final duty determination with respect to certain softwood lumber from Canada

Canada welcomed the panel and Appellate Body reports and the clarification they brought on the methodology incorporating the practice of “Zeroing”.

The US said that, except for the issue of “zeroing”, it supported the conclusions of the panel and Appellate Body.

The EC said that it was in full agreement with Appellate Body's decision on the practice of zeroing. It asked the US to abolish such methodology which is fundamentally WTO inconsistent.

The DSB adopted the Appellate Body report and the panel report as modified by the Appellate Body.


Next meeting   back to top

The next meeting of the DSB is scheduled for 27 September 2004.

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