United States

On 21 August 2001 Canada requested consultations with the US concerning the preliminary countervailing duty determination and the preliminary critical circumstances determination made by the US Department of Commerce on 9 August 2001 with respect to certain softwood lumber from Canada. This request also concerned US measures on company-specific expedited reviews and administrative reviews. In particular: As far as the preliminary countervailing duty determination is concerned Canada considered this determination to be inconsistent with US obligations under Articles 1 2 10 14 17.1 17.5 19.4 and 32.1 of the SCM Agreement and Article VI(3) of GATT 1994. With respect to the preliminary critical circumstances determination Canada considered this determination to be inconsistent with Articles 17.1 17.3 17.4 19.4 and 20.6 of the SCM Agreement. As regards US measures on company-specific expedited reviews and administrative reviews Canada considered these measures are inconsistent with US obligations under Article VI:3 of the GATT 1994 and Articles 10 19.3 19.4 21.1 21.2 and 32.1 of the SCM Agreement. Canada also considered that the US had failed to ensure that its laws and regulations are in conformity with its WTO obligations as required by Article 32.5 of the SCM Agreement and Article XVI:4 of the WTO Agreement. On the grounds that the affirmative preliminary countervailing duty and critical circumstances determinations had an immediate and significant trade impact Canada requested urgent consultations pursuant to Article 4.8 of the DSU. Although accepting Canada’s request to enter into consultations the US did not accept this to be a case of urgency for the purposes of Article 4.8 of the DSU since the measures in question involve the posting of bond for or deposit of preliminary duties which could be refunded in whole or in part.

On 27 November 2008 Brazil requested consultations with regard to: - certain determinations of the United States Department of Commerce (USDOC) concerning the imports of certain orange juice from Brazil; - any actions taken by United States Customs and Border Protection (USCBP) to collect definitive anti-dumping duties at duty assessment rates established in periodic reviews covered by the preceding paragraph including through the issuance of USCBP liquidations instructions and notices; and - certain US laws regulations administrative procedures practices and methodologies.

El 11 de diciembre de 2000 el Órgano de Apelación hizo público el informe sobre el caso “Estados Unidos - Medidas aplicadas a la importación determinados productos procedentes de las Comunidades Europeas”.

On 3 May 2002 Canada requested consultations with the United States. The request concerned the final affirmative countervailing duty determination by the US Department of Commerce (File No. C‑122839) issued on 25 March 2002 with respect to certain softwood lumber from Canada. The measures at issue include the initiation and conduct of the investigation the final determination provision of expedited reviews and other matters related to these measures. Canada contended that these measures were inconsistent with and violate the United States’ obligations under Articles 1 2 10 11 12 14 15 19 22 and 32.1 of the SCM Agreement and Articles VI:3 and X:3 of the GATT 1994.

On 17 September 2012 China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products; (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and (iv) the United States’ failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012.

On 4 May 1998 the United States requested consultations with Australia in respect of prohibited subsidies allegedly provided to Australian producers and exporters of automotive leather including subsidies provided to Howe and Company Proprietary Ltd. (or any of its affiliated and/or parent companies) which allegedly involve preferential government loans of about $A25 million and non-commercial terms and grants of about $A30 million. The United States contended that these measures violate the obligations of Australia under Article 3 of the SCM Agreement.

Le 29 septembre 2006 l’OMC a publié les rapports du Groupe spécial chargé d’examiner les plaintes déposées par les États-Unis le Canada et l’Argentine respectivement dans l’affaire “Communautés européennes - Mesures affectant l’approbation et la commercialisation des produits biotechnologiques”(WT/DS291 WT/DS292 et WT/DS293).

On 14 September 2009 China requested consultations with the United States concerning increased tariffs on certain passenger vehicle and light truck tyres (subject tyres) from China. The decision was announced on 11 September 2009 following an investigation pursuant to section 421 of the Trade Act of 1974 (19 U.S.C. 2451 et seq.). The USITC determined that there was market disruption as a result of rapidly increasing imports of subject tyres from China that were a significant cause of material injury to the domestic industry. Following a Presidential decision additional duties were imposed on subject tyres imports for a three year period in the amount of 35 per cent ad valorem in the first year 30 per cent ad valorem in the second year and 25 per cent ad valorem in the third year (the tyres measure). This measure took effect on 26 September 2009.

El 26 de enero de 2009 la OMC hizo público el informe del Grupo especial sobre el caso “China- Medidas que afectan a la protección y observancia de los derechos de propiedad intelectual”.

On 15 September 2020 the WTO circulated the dispute panel report in the case brought by China in “United States — Tariff Measures on Certain Goods from China” (DS543)..