Dispute Settlement Body, 27 September 2004

The DSB establishes compliance panel to examine the US's implementation of steel duties case

At its meeting on 27 September 2004, the DSB established a compliance panel, at the request of the EC, to examine the implementation by the US in the steel duties case (DS212).

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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.

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

The US informed the DSB that the US administration would continue to work with Congress to achieve further progress in resolving this dispute. The EC mentioned that the status report of this month showed no progress and recalled that it might adopt anytime a specific antidumping legislation on US products. Japan referred to its rights to reactivate the arbitration process.  

DS176: United States Section 211 Omnibus Appropriations Act

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 the US-Cuba Trademark Protection Act legislation repealing Section 211 was the opportunity for the US to show its commitment to intellectual property rights. Cuba recalled that the US should repeal the WTO inconsistent Act before December 2004.

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 expressed hope for rapid implementation.

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, Japan, Chile, Canada and Brazil welcomed the arbitrators' award. The EC also welcomed the fact that the arbitrators rejected the US position on nullification or impairment to be limited to the direct trade loss resulting from violation. Additionally, the EC mentioned that if compliance was not achieved within a short period, it would exercise its rights. While Japan urged the US to take the arbitrators' decision seriously, it expressed some reservations about the arbitrators' interpretation of the parties' arguments on the concept of nullification or impairment of benefits and also the arbitrator's reliance on an economic model as a mean to calculate the level of nullification. Finally, Brazil, Chile and Canada called upon the US to end this dispute and repeal the Byrd Amendment.

DS264: United States Final dumping determination on softwood lumber from Canada

The US informed the DSB that it intended to implement the recommendations and rulings of the DSB and that it would require a reasonable period of time to do so. Canada welcomed US' intention and indicated its objective to reach an agreement with the US on a reasonable period of time necessary for implementation.


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Request for panel establishment 

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

For the second 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. 

The DSB agreed to establish a panel. The US, EC and China reserved their third-party rights.


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Request for compliance panel establishment 

DS212: United States Countervailing measures concerning certain products from the EC

At this DSB meeting, the EC requested (WT/DS212/15) a compliance panel to be established. The EC considered that for three cases involving corrosion-resistant carbon steel flat products from France, and carbon steel plate from Spain and United Kingdom, the US failed to examine the continuation of subsidization or the nature of the privatization involved in these cases. Brazil, as a third party in the dispute, supported the EC. Brazil added that the US had not performed a determination of whether the privatised producers in the three cases received any benefit from the prior subsidization to the state-owned producers.

The DSB agreed to establish a compliance panel and Korea requested to be third-party.


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Adoption of reports 

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

The DSB adopted the Appellate Body and Panel reports on the US's complaint concerning the export of wheat by the Canadian Wheat Board (CWB) and the treatment accorded by Canada to grain imported into Canada. While the United States was disappointed with the panel's conclusion regarding the wheat trading practices of the CWB, it was pleased that Canada's grain handling system and its rail revenue cap were found to be inconsistent with national treatment principles. Canada welcomed the Panel and Appellate Body findings because they confirmed that the CWB conducts its business in accordance with WTO rules.


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Next meeting 

The next meeting of the DSB is scheduled for 18 October 2004.

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