Dispute Settlement Body 20 July 2004

DSB considers the United States’ reports on implementing four dispute rulings

The Dispute Settlement Body considered, on 20 July 2004, status reports from the United States on progress in the implementation of recommendations or rulings that the body has adopted.

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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.

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

The US informed the DSB that Ambassador R. Zoellick in a letter dated 30 June 2004 urged the leadership of the US House of Representatives to repeal the Anti-Dumping Act of 1916 “at the earliest opportunity”. The EC thanked Ambassador R. Zoellick for his letter and hoped that the US Administration's call will be heard by the Congress. The EC said that the discussions were still at the stage of “urging” the US to comply with WTO rules after four years of the 1916 Act condemnation. The EC recalled that it may use its right to suspend concessions. Although Japan recognized Ambassador R. Zoellick's letter as a recent development, it strongly urged the US Administration to re-double its effort vis-à-vis the Congress for the passage of the repealing legislation so that Japanese companies will not incur further damages. Japan repeated that the reactivation of the arbitration process was possible in case of non-implementation by the US of the DSB recommendations and rulings.

DS176: US — Section 211 Omnibus Appropriations Act of 1998

The US informed the DSB that the US Senate Judiciary Committee administration held hearings concerning the Section 211 repealing legislation on 13 July 2004. The EC said that the “US-Cuba Trademarks Protection Act” would give an opportunity to the US to apply effective protection of the TRIPS into practice and to support the legislation as the appropriate solution to this dispute. Cuba said that the “US-Cuba Trademarks Protection Act” was not an isolated case of non-compliance by the US. Cuba emphasised that Section 211 was a violation of WTO basic principles, such as the National treatment and the Most-favoured-nation (MFN) treatment and the intellectual property rights of third countries.

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

The US reported that the US administration was continuing to work with the US congress. Japan recalled the US that the 31 July 2004 deadline for implementation was approaching and that there had been no concrete signs of progress toward a full implementation. Also, Japan asked the US to seriously consider the consequences from delays in implementation.

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

The US reported that legislation to bring the Continued Dumping and Subsidy Offset Act into conformity with US WTO obligations was introduced in the US Senate on 19 June 2003 and in the House of Representatives on 10 March 2004. Canada, Chile, EC, Japan, Korea and India expressed once again their disappointment on the lack of progress by the US to bring its legislation into compliance with the DSB recommendations and rulings. Canada and Japan reminded the US that the complainants were currently awaiting the WTO arbitrators' ruling on the level of retaliation that Members may imposed on the US.


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Removal of panel request from the agenda  

DS310: US — Determination of the International Trade Commission in hard red spring wheat from Canada

Canada requested the DSB to withdraw the request for the establishment of a panel regarding the injury determination of the US International Trade Commission in hard red spring wheat originating in Canada (DS310/2). Canada added that it reserved its right to include the request on the agenda of a future DSB meeting as a second request for consideration.


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Next meeting  

The next meeting of the DSB is scheduled for 31 August 2004.

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