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Dispute Settlement Body 17 December 2004

DSB grants Chile authorization to retaliate in Byrd Amendment case

At the same meeting, held on 17 December 2004, the Dispute Settlement Body adopted the Appellate Body and panel reports concerning anti-dumping measures applied by the United States on oil country tubular goods exported from Argentina.

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This summary has been prepared by the WTO Secretariats 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 Bodys meetings.

Implementation   back to top

DS176: US Section 211 Omnibus Appropriations Act of 1998

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

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

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

There are no new developments to report on these items since the last DSB meeting.

DS257: United States Final countervailing duty determination with respect to certain softwood lumber from Canada

The United States reported that the US Department of Commerce had issued a new determination which found that certain subsidies did not pass through and that it had revised the subsidy rate accordingly. The US stated that this determination implemented the recommendations and rulings of the DSB.

Canada said that it was reviewing the results of the US implementation and would advise the DSB of its response to the US statement.

DS204: Mexico Measures affecting Telecommunications Services

In its first status report, Mexico informed the DSB that it had complied with the first phase of its implementation plan by publishing, on 11 August 2004, its new international telecommunications rules. Mexico added that is was currently drafting regulations for the establishment of commercial agencies and that once these regulations were developed, Mexico would have fully complied with the DSB's recommendations and rulings.

The US and Mexico agreed on an implementation plan on 1 June 2004 which gives Mexico 13 months to comply.


Recourse to suspension of concessions   back to top

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

Chile requested the authorization to suspend the application of concessions to the United States. Chile said that the US should have implemented nearly a year ago and that instead of that, a majority of US Senators had rejected the Appellate Body decision and one had introduced a bill to require a direct transfer of Federal funds to a single industry.

Chile's request follows that of seven other complainants at the last DSB in November 2004.

Japan welcomed Chile's move.

The United States reiterated its intention to comply with the DSB rulings and emphasized that it would not be necessary for complainants to exercise that authorization.

The European Communities welcomed Chile's request and noted that all together, the WTO Members that could now retaliate against the US, represented 71% of total US exports and 64% of total US imports, figures that clearly showed widespread concern.

The DSB agreed to grant authorization to suspend the application to the US of tariff concessions or other obligations, consistent with the Arbitrator's decision, in response to the request by Chile in document WT/DS217/43.


Adoption of reports   back to top

DS268: US Sunset Reviews of anti-dumping measures on oil country tubular goods from Argentina

The DSB adopted the Appellate Body and Panel reports on US' Sunset Review of anti-dumping measures on oil country tubular goods from Argentina.

Argentina welcomed the fact that the Appellate Body had supported a substantial part of Argentina's claims and confirmed the inconsistency of US' sunset reviews.

The US was disappointed that the panel and Appellate Body did not find all aspects of the measures at issue to be consistent with the Antidumping Agreement, but was pleased that the reports concluded that many were.

Mexico, a third party in the dispute, noted that the reports helped clarify antidumping disciplines but disagreed with some of the Appellate Body's interpretations.

The EC, also a third party, welcomed the Appellate Body's confirmation that the Sunset Policy Bulletin was a measure that could be challenged within the WTO system.

Norway recommended that a system of grace periods, preventing the extension of the application of anti-dumping duties, be introduced.

Hong Kong welcomed the confirmation that authorities could not simply assume that dumping was likely to continue or recur because a respondent made an incomplete submission.


Other business   back to top

DS136 & DS162: US Anti-Dumping Act of 1916

The US informed the DSB that on 3 December 2004, President Bush had signed into law the Miscellaneous Trade and Technical Corrections Act of 2004, including a provision that repealed the 1916 Act. The US said that this action brought the US into compliance with the DSB's recommendations and rulings.

Japan regretted the fact that the bill repealing the 1916 Act had no retroactive effect and as such would not put an end to current law suits against several Japanese companies. Japan reserved its rights under the Dispute Settlement Understanding.


Next meeting   back to top

The next regular meeting of the DSB will take place on 25 January 2005.

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