WTO: 2013 NEWS ITEMS

DISPUTE SETTLEMENT


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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and External 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.

(DS461) Colombia — Measures Relating to the Importation of Textiles, Apparel and Footwear.

Following the second request by Panama, the DSB established a panel to examine this dispute. Panama reiterated its concern expressed at the August DSB meeting regarding the compound tariff that Colombia applied to imports of textiles, apparel and footwear and requested the establishment of a panel to examine this matter. Colombia noted that both parties were willing to work towards a mutually agreed solution and thus regretted that Panama had made a second request.

(DS435) Australia — Certain Measures Concerning Trademarks, Geographical Indications and other plain packaging Requirements Applicable to Tobacco Products and Packaging. 

Following the second request by Honduras, the DSB established a panel to examine this dispute. Honduras expressed its concern that Australia’s measures regulating the plain packaging of tobacco products were inconsistent with Australia’s obligations under the TRIPS and TBT Agreements. Australia said that its tobacco plain packaging legislation did not undermine the protection afforded under the TRIPS Agreement nor was it more trade restrictive than necessary to fulfil its legitimate public health objective. The measure was origin neutral, non-discriminatory and applied to all tobacco products regardless of origin.  Australia requested for a single panel to examine its request and that of Ukraine, Honduras disagreed.

(DS384 and DS386) US — Certain Country of Origin Labelling Requirements

Following the second request made by Mexico and Canada, the DSB agreed to refer this dispute to the original panel, under article 21.5 of the DSU. Canada and Mexico reiterated their respective concerns in this dispute and requested that the DSB establish a panel, to determine the consistency of the measure taken by the US to comply with the DSB’s recommendations and rulings in these disputes. The US said that its final rule had brought it into full compliance with the DSB’s recommendations and rulings but was ready to rebut any claims regarding its compliance measures. 

(DS427) — China — Anti-Dumping and Countervailing Duty measures on Broiler Products from the US. The DSB adopted the Panel Report.

The United States, the European Union and Thailand submitted status report on their implementation of the recommendations and rulings of the DSB.

(DS413) — China — Certain Measures Affecting Electronic Payment Systems.

Under “Other Business”, the US made a statement regarding this dispute. The US noted that the reasonable period of time for China to comply expired on 31 July 2013 and it was concerned about China’s compliance efforts.  China referred to its statement made at the July DSB meeting that it had fully implemented the DSB’s recommendations and rulings in this dispute.  China urged the US to read the Panel Report more closely on the issue of market access commitments.  China said that it was open to dialogue with the US including with regard to matters that were not part of the Panel’s rulings.

Also under “Other Business”, the Chairman informed delegations that, on the possible reappointment of Mr Peter Van den Bossche, he continued to consult with Members and would revert to the DSB with the results of his consultations.  With regard to the selection process to replace one outgoing Appellate Body member, Mr David Unterhalter, he informed delegations that the Selection Committee would interview the 4 candidates on 21 October 2013.  He further mentioned that the Selection Committee would meet, upon request, with delegations who would wish to express their views on the candidates on 24, 25 and 28 October 2013. Following the interviews and consultations, the Selection Committee would make its recommendation not later than 7 November 2013 for consideration by the DSB at its meeting on 25 November.

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