Market access

Le 16 mai l’Organe d’appel de l’OMC a publié son rapport dans l’affaire “Union européenne — Mesures compensatoires visant certains types de polyéthyène téréphthalate en provenance du Pakistan” (DS486)

On 6 November 2000 Turkey requested consultations with Egypt concerning an anti-dumping investigation by the Egyptian Ministry of Trade and Supply with respect to imports of rebar from Turkey. The investigation was completed and the final report released on 21 October 1999. As a result of the investigation anti-dumping duties were imposed ranging from 22.63-61.00 per cent ad valorem. Turkey considered that: Egypt made determinations of injury and dumping in that investigation without a proper establishment of the facts and based on an evaluation of the facts that was neither unbiased nor objective; during the investigation of material injury or threat thereof and the causal link Egypt acted inconsistently with Articles 3.1 3.2 3.4 3.5 6.1 and 6.2 of the Anti-Dumping Agreement; and during the investigation of sales at less than normal value Egypt violated Article X:3 of the GATT 1994 as well as Articles 2.2 2.4 6.1 6.2 6.6 6.7 and 6.8 and Annex II Paragraphs 1 3 5 6 and 7 and Annex I Paragraph 7 of the Anti-Dumping Agreement.

On 5 October 1995 Canada requested consultations with Australia in respect of Australia’s prohibition of imports of salmon from Canada based on a quarantine regulation. Canada alleged that the prohibition is inconsistent with Articles XI and XIII of the GATT 1994 and also inconsistent with the SPS Agreement.

On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.

Le 16 janvier 2003 l’Organe d’appel a publié son rapport sur l’affaire “États-Unis - Loi de 2000 sur la compensation pour continuation du dumping et maintien de la subvention”.

El 06 de marzo de 2006 el Órgano de Apelación hizo público el informe sobre el caso “México - Medidas fiscales sobre los refrescos y otras bebidas”.

On 1 June 1999 the US requested consultations with the EC in respect of the alleged lack of protection of trademarks and geographical indications (GIs) for agricultural products and foodstuffs in the EC. The US contended that EC Regulation 2081/92 as amended does not provide national treatment with respect to geographical indications and does not provide sufficient protection to pre-existing trademarks that are similar or identical to a geographical indication. The US considered this situation to be inconsistent with the EC’s obligations under the TRIPS Agreement including but not necessarily limited to Articles 3 16 24 63 and 65 of the TRIPS Agreement...

On 20 December 2002 Canada requested consultations with the United States regarding the investigation of the USITC in Softwood Lumber from Canada (Invs. Nos. 701-TA-414 and 731-TA-928 (Final)) and the final definitive anti-dumping and countervailing duties applied as a result of the USITC’s final determination made on 2 May 2002 notice of which was published in the United States Federal Register on 22 May 2002 (Volume 67 Number 99 at pp. 36022-36023) that an industry in the United States is threatened with material injury by reason of imports of softwood lumber from Canada that the Department of Commerce has determined are subsidized and sold in the United States at less than fair value. Canada claimed that through these measures the United States has violated its obligations under Article VI:6(a) of the GATT 1994 Articles 1 3.1 3.2 3.3 3.4 3.5 3.7 3.8 12 and 18.1 of the Anti-Dumping Agreement and Articles 10 15.1 15.2 15.3 15.4 15.5 15.7 15.8 22 and 32.1 of the SCM Agreement.

On 17 March 1999 the EC requested consultations with the US in respect of definitive safeguard measures imposed by the US on imports of wheat gluten from the European Communities. The EC contended that by a Proclamation of 30 May 1998 and a Memorandum of the same date by the US President under which the US imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat gluten from the EC effective as of 1 June 1998. The EC considered these measures to be in violation of Articles 2 4 5 and 12 of the Agreement on Safeguards; Article 4.2 of the Agreement on Agriculture; and Articles I and XIX of GATT 1994.

On 4 June 1997 and 15 December 1997 the EC requested consultations with Chile in respect of Chile’s Special Sales Tax on spirits which allegedly imposes a higher tax on imported spirits than on Pisco a locally brewed spirit. The EC’s second request (WT/DS110) takes issue with the modification to the law on taxation on alcoholic beverages passed by Chile to address the concerns of the EC in WT/DS87. The EC contended that this differential treatment of imported spirits violates Article III:2 of GATT 1994.