Market access

El 07 de abril de 2004 el Órgano de Apelación hizo público el informe sobre el caso “Comunidades Europeas - Condiciones para la concesión de preferencias arancelarias a los países en desarrollo”.

On 21 December 2000 and 21 May 2001 respectively the complainants requested consultations with the US concerning the amendment to the Tariff Act of 1930 signed on 28 October 2000 with the title of “Continued Dumping and Subsidy Offset Act of 2000” (the “Act”) usually referred to as “the Byrd Amendment”. According to the complainants the Act is inconsistent with the obligations of the United States under several provisions of the GATT the AD Agreement the SCM Agreement and the WTO Agreement. In particular the Act is alleged to be inconsistent with the obligations of the United States under: (i) Article 18.1 of the ADA in conjunction with Article VI:2 of the GATT and Article 1 of the ADA; (ii) Article 32.1 of the SCM Agreement in conjunction with Article VI:3 of the GATT and Articles 4.10 7.9 and 10 of the SCM Agreement; (iii) Article X(3)(a) of the GATT; (iv) Article 5.4 of the ADA and Article 11.4 of the SCM Agreement; (v) Article 8 of the ADA and Article 18 of the SCM Agreement; (vi) Article 5 of the SCM Agreement; and (vii) Article XVI:4 of the Marrakesh Agreement establishing the WTO Article 18.4 of the ADA and Article 32.5 of the SCM Agreement.

The European Communities Japan Korea Switzerland Canada Venezuela Norway China Mexico New Zealan and Brazil requested consultations with the United States regarding the definitive safeguard measures imposed by the US in the form of an increase in duties on imports of certain flat steel hot-rolled bar cold-finished bar rebar certain welded tubular products carbon and alloy fittings stainless steel bar stainless steel rod tin mill products and stainless steel wire and in the form of a tariff rate quota on imports of slabs effective as of 20 March 2002.

On 10 February 1999 Japan requested consultations with the United States in respect of the US Anti-Dumping Act of 1916 15 U.S.C. 72 (1994) (“US 1916 Act”). Japan alleged that the US 1916 Act stipulates that the importation or sale of imported goods within the US market in certain circumstances is unlawful constituting a criminal offence and inviting civil liability. Japan further alleged that judicial decisions under the US 1916 Act are made without the procedural safeguards provided for in the Anti-Dumping Agreement. Japan stated that a court action had been brought under the US 1916 Act against affiliates of Japanese companies. Japan contended that the US 1916 Act is inconsistent with Articles III VI and XI of the GATT 1994 and the Anti-Dumping Agreement.

On 11 July 2019 the WTO circulated two panel report in the cases brought by the United States in “Canada — Additional Duties on Certain Products from the United States” (DS557) and “Mexico — Additional Duties on Certain Products from the United States” (DS560).

On 16 May 2018 the WTO Appellate Body issued its report in the case “European Union — Countervailing Duties on Certain Polyethylene Terephthalate from Pakistan.

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 13 de diciembre de 1999 el Órgano de Apelación hizo público el informe sobre el caso “Chile - Impuestos a las bebidas alcohólicas”.

Le 16 décembre l’OMC a publié le rapport du Groupe spécial dans l’affaire introduite par l’Indonésie “Union européenne — Mesures antidumping visant les importations de certains alcools gras en provenance d’Indonésie”.

On 21 September 2004 the United States requested consultations with the European Communities concerning the Communities’ administration of laws and regulations pertaining to the classification and valuation of products for customs purposes and its failure to institute tribunals or procedures for the prompt review and correction of administrative action on customs matters.