DISPUTE SETTLEMENT

DS: United States — Anti-dumping and countervailing duties on ripe olives from Spain

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Current status

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the European Union

On 29 January 2019, the European Union requested consultations with the United States concerning the imposition of countervailing and anti-dumping duties on ripe olives from Spain, as well as the legislation that was the basis for the imposition of those duties.

The European Union claimed that the challenged measures appear to be inconsistent with:

  • Articles 1.1(a), 1.1(b), 1.2, 2.1, 2.2, 2.4, 10, 12.1, 12.5, 12.8, 14, 15.1, 15.2, 15.5, 19.1, 19.3, 19.4 and 32.1 of the SCM Agreement;
      
  • Articles 3.1, 3.2 and 3.5 of the Anti-Dumping Agreement; and
      
  • Articles VI:1, VI:2 and VI:3 of the GATT 1994.

On 11 February 2019, Australia requested to join the consultations.

 

Panel and Appellate Body proceedings

On 16 May 2019, the European Union requested the establishment of a panel. At its meeting on 28 May 2019, the DSB deferred the establishment of a panel.

At its meeting on 24 June 2019, the DSB established a panel. Australia, Brazil, Canada, China, India, Japan, Mexico, the Russian Federation, Saudi Arabia, Switzerland and Turkey reserved their third-party rights.

On 8 October 2019, the European Union requested the Director-General to compose the panel. On 18 October 2019, the Director-General composed the panel.

On 15 April 2020, the Chair of the panel informed the DSB that, due to a delay in the beginning of the panel’s work resulting from the lack of available experienced lawyers in the Secretariat and delays caused by the global COVID-19 pandemic, the panel did not expect to issue its final report to the parties before the end of 2020. The Chair apprised the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 21 December 2020, the Chair of the panel informed the DSB that in light of further delays in the proceedings caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties by the end of June 2021. On 9 June 2021, the Chair of the panel informed the DSB that in light of further delays in the proceedings caused by the global COVID-19 pandemic, the panel expected to issue its final report to the parties by the end of August 2021.

 

 

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