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NOTE:
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.
Panel established
DS366: Colombia — Indicative prices and restrictions on ports of entry
At the second time request of Panama (WT/DS366/6),
a panel was established to review Colombia's restrictive measures imposed
on Panama's imports.
Panama stated it experienced serious difficulties in accessing Colombia's
market which caused a negative impact on its exports. Panama said it was
trying to resolve this issue for the last 2 years through consultation.
Panama declared that Colombia unilaterally ignored the mutually agreed
solution which was found during this consultation and reintroduced
measures restricting Panama's access to Colombia's market. Panama hoped
that this request would address this situation once and for all.
Colombia regretted Panama's decision to request a panel to resolve this
dispute. Colombia said it explained the scope of its measures and the
compatibility with WTO rules during the consultation process. Colombia
said it was at the disposal of Panama to continue discussions. Colombia
added it was ready to demonstrate the legality of its measures.
The countries that reserved their third party rights are Guatemala,
Ecuador, Honduras, the EC, India, the US, and Chinese Taipei.
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Panel request
DS363: China — Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products
The US requested a panel for the
first time against China (WT/DS363/5) to review Chinese measures affecting
market access and distribution services for goods such as movies, DVDs,
videos, publications, books, etc. China did not agree to the panel which
was consequently not established.
The US said that bilateral discussions held in June and July helped
clarify some provisions but did not resolve the issue. The US also linked
these measures to the protection of intellectual property rights saying
that China's barrier to market access are keeping legitimate products away
from Chinese consumers which benefited copyright pirates.
China regretted that the US requested a panel. China said it was
fulfilling its WTO commitments, on intellectual property, sincerely and
faithfully. China stated it imported 20 films annually, half a million
publications and countless audiovisual products thus providing a good
access into its market to WTO members. China added it was willing to
resolve this dispute through consultations. China said it did not agree to
the establishment of the panel.
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Panel reports adopted
DS334: Turkey — Measures affecting the importation of rice
The DSB adopted the panel report
(WT/DS334/R).
The US stated it was satisfied with the Panel's conclusions saying that
Turkey acted inconsistently with its WTO obligations. The US qualified the
Panel's analysis as sound and hoped Turkey would promptly bring its
measures into compliance.
However, the US made a comment on 2 systemic issues. The US said the Panel
did not make any recommendation to Turkey on how to bring its measures
into conformity with WTO rules. According to the US, the Panel was
required to make this recommendation by the DSU (art. 19.1). Moreover, the
US declared it was troubled by the Panel's new additions into the final
report which were not contained in the interim report. The US said this
was inconsistent with the procedure (art. 15 of DSU) as it did not allow
the parties to review these changes before the final report was issued.
Turkey said it was disappointed with the Panel's findings and did not
share the Panel's conclusions. Turkey stated it was currently exploring
what steps might be needed to comply with the Panel's conclusions and
would come back on this issue at the DSB 's next meeting. Turkey welcomed
the Panel's decision not to make any recommendations on how to bring its
measures into conformity with WTO rules.
Canada agreed with the US that the Panel should refrain from including
changes in the final report that did not appear in the interim report.
Canada added that parties should be given the opportunity to make comments
on all drafts.
Australia stated it was looking forward to Turkey's implementation
measures as it has an interest in accessing Turkey's rice market.
DS312: Korea — Antidumping duties on imports of certain paper from
Indonesia
The DSB adopted the compliance
panel report (WT/DS312/RW).
Indonesia said it was satisfied with the Panel which concluded Korea did
not comply with the DSB ruling in this dispute. Indonesia said the
antidumping measure remained inconsistent with WTO rules and Korea failed
to respect the procedural rights of the Indonesian company during the
antidumping investigation. Indonesia said it was up to Korea to bring
itself into conformity with its WTO obligations. Indonesia expected Korea
to immediately withdraw the antidumping measure. Indonesia said Korea's
inconsistent measure was in place for almost 4 years and added it would
request the right to retaliate if Korea continued to enforce it.
Korea said it was puzzled by the Panel's conclusions. Korea recognized the
Panel's good faith in addressing the issues raised by this dispute but
failed to understand why the Panel did not consider some of Korea's
arguments. Korea added it was ready to provide additional explanations as
required by the Panel and would discuss with Indonesia on the schedule to
implement the Panels' recommendations.
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Selection process of Appellate Body members
The DSB chair announced that the
Selection Committee (Director General, Chairpersons of the General
Council, of the Goods, Services and TRIPS Councils and the DSB)
interviewed the 9 candidates, met with 40 delegations and received written
comments from 5 more.
The Selection Committee will communicate its recommendations to the
members by 8 November 2007. The DSB's final decision will be taken on 19
November 2007.
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Next meeting
The next meetings of the DSB will take place on 19 November 2007.
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