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Dispute Settlement Body, 18 October 2004

The United States appeals the panel report on cotton

At the DSB meeting on 18 October 2004, the Chairperson announced that the United States had notified the DSB of its decision to appeal the panel report that had examined Brazil's complaint against United States Subsidies on upland cotton (WT/DS267/R).

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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

DS136 & DS162: United States Anti-Dumping Act of 1916

The US informed the DSB that the US House of Representatives approved the Miscellaneous Trade and Technical Corrections Act 2004, which contained the repeal of 1916 Anti-Dumping Act. The US added that the bill is now awaiting final action in the US Senate. The EC hoped that the US Senate and the US administration would take these necessary steps to end this dispute. The EC also recalled that it might adopt at anytime a specific anti-dumping legislation on US products pursuant to its rights to  suspend trade obligations against the US. While Japan welcomed the Miscellaneous Tariff Bill passed in the House, it was disappointed that the US' obligation with respect to the DSB rulings remained unfulfilled.

DS176: United States Section 211 Omnibus Appropriations Act

The US stated that the administration was continuing to work with the US Congress to find the appropriate statutory measures that would resolve this dispute. The EC stressed that two bills were pending in Congress to provide effective protection of intellectual property rights and to repeal Section 211. Cuba underlined that the resolution of the dispute required a repeal rather than an amendment of the WTO-inconsistent legislation.

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

The US said that the US administration was working with the US Congress on the recommendations that were not addressed before November 2002. Japan pointed out that the US had objected to the Appellate Body's interpretation of Article 9.4 of the Anti-Dumping Agreement. At the same time, in the Rules Negotiation Group, the US had proposed changes to Article 9.4 of the Anti-Dumping Agreement. Japan was concerned that the absence of any legislation to implement the DSB rulings was not indicative of the US intention to comply.

DS217 & DS234: United States Continued Dumping & Subsidy Offset Act of 2000

The US said that the US Administration was continuing to work with Congress to achieve further progress. The EC complained that the US had not reported any progress. The EC recalled that following the arbitration decision on the level of retaliation, it might seek authorization of the DSB to use its rights. Japan and Chile invited the US to take the arbitrators' decision seriously. Canada stated that US$ 2.8 billion of Canadian softwood lumber duties had been collected and stood to be disbursed under the Byrd Amendment.  

DS276: Canada Measures relating to exports of wheat and treatment of imported grain

At this meeting, taking place within 30 days after the panel and appellate body reports were adopted, Canada informed the DSB of its intentions in respect of implementation of DSB rulings. 

While Canada expressed its disappointment with the panel findings regarding the transport and handling of grain found to be inconsistent with the WTO rules, it informed the DSB of its intention to implement the recommendations and rulings. Canada stated that it would require a reasonable period of time. 

The US said that it was looking forward to discussing with Canada its implementation measures.


Other business back to top

Concerning dispute DS160 on Section 110(5) of the US Copyright Act, the EC complained that for one year the DSB had not received any status report from the US concerning its implementation of the DSB rulings. The US replied that it would provide a status report on progress at the next DSB meeting.


Next meeting back to top

The next meeting of the DSB is scheduled for 24 November 2004.

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