°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ NEWS: 2004 NEWS ITEMS
Dispute Settlement Body 17 December 2004
DSB grants Chile authorization to retaliate in Byrd Amendment case
At the same meeting, held on 17 December 2004, the Dispute Settlement Body adopted the Appellate Body and panel reports concerning anti-dumping measures applied by the United States on oil country tubular goods exported from Argentina.
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NOTE:
This summary has been prepared by the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat’s Information and
Media Relations Division to help public understanding about developments
in °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ 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
DS176:
US —
Section 211 Omnibus Appropriations Act
of 1998
DS184: US — Anti-dumping measures on certain hot-rolled steel products
from Japan
DS217
&
DS234: US — Continued Dumping and Subsidy Offset Act of 2000
DS160: United States — Section 110(5) of the US Copyright Act.
There are no new developments to report on these
items since the last DSB meeting.
DS257: United States — Final countervailing duty determination with respect to certain softwood lumber from Canada
The United States reported that the US
Department of Commerce had issued a new determination which found that
certain subsidies did not pass through and that it had revised the subsidy
rate accordingly. The US stated that this determination implemented the
recommendations and rulings of the DSB.
Canada said that it was reviewing the results of the US implementation and
would advise the DSB of its response to the US statement.
DS204: Mexico – Measures affecting Telecommunications Services
In its first status report, Mexico informed the
DSB that it had complied with the first phase of its implementation plan
by publishing, on 11 August 2004, its new international telecommunications
rules. Mexico added that is was currently drafting regulations for the
establishment of commercial agencies and that once these regulations were
developed, Mexico would have fully complied with the DSB's recommendations
and rulings.
The US and Mexico agreed on an implementation plan on 1 June 2004 which
gives Mexico 13 months to comply.
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Recourse to suspension of concessions
DS217 & DS234: US — Continued Dumping and Subsidy Offset Act of 2000
Chile requested the authorization to suspend the
application of concessions to the United States. Chile said that the US
should have implemented nearly a year ago and that instead of that, a
majority of US Senators had rejected the Appellate Body decision and one
had introduced a bill to require a direct transfer of Federal funds to a
single industry.
Chile's request follows that of seven other complainants at the last DSB
in November 2004.
Japan welcomed Chile's move.
The United States reiterated its intention to comply with the DSB rulings
and emphasized that it would not be necessary for complainants to exercise
that authorization.
The European Communities welcomed Chile's request and noted that all
together, the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Members that could now retaliate against the US,
represented 71% of total US exports and 64% of total US imports, figures
that clearly showed widespread concern.
The DSB agreed to grant authorization to suspend the application to the US
of tariff concessions or other obligations, consistent with
the Arbitrator's decision, in response to the request by Chile in document
WT/DS217/43.
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Adoption of reports
DS268: US — Sunset Reviews of anti-dumping measures on oil country tubular goods from Argentina
The DSB adopted the Appellate Body and Panel reports on US' Sunset
Review of anti-dumping measures on oil country tubular goods from
Argentina.
Argentina welcomed the fact that the Appellate Body had supported a
substantial part of Argentina's claims and confirmed the inconsistency
of US' sunset reviews.
The US was disappointed that the panel and Appellate Body did not find
all aspects of the measures at issue to be consistent with the
Antidumping Agreement, but was pleased that the reports concluded that
many were.
Mexico, a third party in the dispute, noted that the reports helped
clarify antidumping disciplines but disagreed with some of the Appellate
Body's interpretations.
The EC, also a third party, welcomed the Appellate Body's confirmation
that the Sunset Policy Bulletin was a measure that could be challenged
within the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ system.
Norway recommended that a system of grace periods, preventing the
extension of the application of anti-dumping duties, be introduced.
Hong Kong welcomed the confirmation that authorities could not simply
assume that dumping was likely to continue or recur because a respondent
made an incomplete submission.
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Other business
DS136 & DS162: US — Anti-Dumping Act of 1916
The US informed the DSB that on 3
December 2004, President Bush had signed into law the Miscellaneous Trade
and Technical Corrections Act of 2004, including a provision that repealed
the 1916 Act. The US said that this action brought the US into compliance
with the DSB's recommendations and rulings.
Japan regretted the fact that the bill repealing the 1916 Act had no
retroactive effect and as such would not put an end to current law suits
against several Japanese companies. Japan reserved its rights under the
Dispute Settlement Understanding.
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Next meeting
The next regular meeting of the DSB will take place on 25 January 2005.
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