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Dispute Settlement Body 9 January 2004

DSB establishes a panel on cigarettes and adopts reports on US sunset review

The Dispute Settlement Body, on 9 January 2004, established a panel to examine the Dominican Republic's cigarette importation and internal sale measures (DS302/5). At the same meeting, the DSB adopted the panel and Appellate Body reports on the United States' sunset review of anti-dumping duties on carbon steel products from Japan (DS244/AB/R & DS244/R).

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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

DS245: Japan — Measures affecting the importation of apples

Japan 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. Japan added that it looked forward to consulting with the US to reach an agreement on the reasonable period of time.

The US welcomed Japan's intention to implement and expressed hope that Japan would remove its WTO-inconsistent measures promptly.


Panel request back to top

DS302: Dominican Republic — Measures affecting the importation and internal sale of cigarettes

For the second time, Honduras requested the establishment of a panel on Dominican Republic's measures on cigarettes. Honduras argued that the Dominican measures discriminated between imported and domestic cigarettes.

The Dominican Republic responded that its import and tax measures on cigarettes conformed with its WTO commitments and that it would defend its position in front of a panel.

The DSB agreed to establish a panel and the following countries requested to be third parties: US, Chile, China, European Communities.


Adoption of report back to top

DS244: United States — Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat products from Japan

Japan expressed disappointment that the Appellate Body made no recommendation to the DSB but welcomed some of the Appellate Body's findings.

The US said that it was pleased that the reports of the Panel and Appellate Body confirmed the US sunset reviews' compliance with the WTO Antidumping Agreement.

Several Members regretted the fact that the Appellate Body was unable to rule on the WTO-consistency of the US measures at issue due to insufficient information in the Panel report.

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


Appeal back to top

DS246: European Communities — Conditions for the granting of tariff preferences to developing countries

The EC appealed the panel report prior to the meeting of the DSB and the agenda item on the adoption of this report was thus removed.


Next meeting back to top

The next regular DSB will meet on 23 January 2004.

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