Dispute settlement
United States - Measures Treating Exports Restraints as Subsidies
On 19 May 2000 Canada requested consultations with the US regarding certain US measures that treat a restraint on exports of a product as a subsidy to other products made using or incorporating the restricted product if the domestic price of the restricted product is affected by the restraint. The measures at issue included provisions of the Statement of Administrative Action (SAA) accompanying the Uruguay Round Agreements Act (URAA) (H.R. 5110 H.R. Doc. 316 Vol. 1 103d Cong. 2d Sess. 656 in particular at 925-926 (1994)) and the Explanation of the Final Rules US Department of Commerce Countervailing Duties Final Rule (63 Federal Register 65348 at 65349-51 (Nov. 25 1998)) interpreting section 771(5) of the Tariff Act of 1930 (19 USC. § 1677(5)) as amended by the URAA. Canada’s claims were as follows: Canada considered that these measures were inconsistent with US obligations under Articles 1.1 10 (as well as Articles 11 17 and 19 as they relate to the requirements of Article 10) and 32.1 of the SCM Agreement because these measures provide that the US will impose countervailing duties against practices that are not subsidies within the meaning of Article 1.1 of the SCM Agreement. Canada also considered that the US has failed to ensure that its laws regulations and administrative procedures 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.
Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States - Recourse 1
On 8 May 1998 the US requested consultations with Mexico in respect of an anti-dumping investigation of high-fructose corn syrup (HFCS) grades 42 and 55 from the US conducted by Mexico. The US alleged that on 27 February 1997 the Government of Mexico published a notice initiating this anti-dumping investigation on the basis of an application dated 14 January 1997 from the Mexican National Chamber of Sugar and Alcohol Producers. The US further alleged that on 23 January 1998 Mexico issued a notice of final determination of dumping and injury in that investigation and consequently imposed definitive anti-dumping measures on these imports from the United States. The US contended that the manner in which the application for an anti-dumping investigation was made as well as the manner in which a determination of threat of injury was made is inconsistent with Articles 2 3 4 5 6 7 9 10 and 12 of the Anti-Dumping Agreement.
United States - Import Prohibition of Certain Shrimp and Shrimp Products - Recourse 1
On 8 October 1996 India Malaysia Pakistan and Thailand requested consultations with the United States concerning a ban on importation of shrimp and shrimp products from these complainants imposed by the US under Section 609 of US Public Law 101-162. Violations of Articles I XI and XIII of the GATT 1994 as well nullification and impairment of benefits were alleged.
United States - Transitional Safeguard Measure on Combed Cotton Yarn from Pakistan
On 3 April 2000 Pakistan requested consultations with the US in respect of a transitional safeguard measure applied by the United States as of 17 March 1999 on combed cotton yarn (United States category 301) from Pakistan (see US Federal Register of 12 March 1999 document 99-6098). In accordance with Article 6.10 of the Agreement on Textiles and Clothing (ATC) the United States had notified the TMB on 5 March 1999 that it had decided to unilaterally impose a restraint after consultations as to whether the situation called for a restraint had failed to produce a mutually satisfactory solution. In April 1999 the TMB examined the US restraint pursuant to Article 6.10 of the ATC and recommended that the US restraint should be rescinded. On 28 May 1999 in accordance with Article 8.10 of the ATC the United States notified the TMB that it considered itself unable to conform to the recommendations issued by the TMB. Despite a further recommendation of the TMB pursuant to Article 8.10 of the ATC that the United States reconsider its position the United States continued to maintain its unilateral restraint and thus the matter remained unresolved. Pakistan claimed as follows: - the transitional safeguards applied by the United States are inconsistent with the United States’ obligations under Articles 2.4 of the ATC and not justified by Article 6 of the ATC; - the US restraint does not meet the requirements for transitional safeguards set out in paragraphs 2 3 4 and 7 of Article 6 of the ATC.
United States - Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia
On 16 July 1999 New Zealand requested consultations with the US in respect of a safeguard measure imposed by the US on imports of lamb meat from New Zealand (WT/DS177). New Zealand alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports fresh chilled or frozen lamb meat effective from 22 July 1999. New Zealand contended that this measure is inconsistent with Articles 2 4 5 11 and 12 of the Agreement on Safeguards and Articles I and XIX of GATT 1994. On 23 July 1999 Australia requested consultations with the US in respect of a definitive safeguard measure imposed by the US on imports of lamb (WT/DS178). Australia alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports of fresh chilled or frozen lamb meat from Australia effective from 22 July 1999. Australia contended that this measure is inconsistent with Articles 2 3 4 5 8 11 and 12 of the Agreement on Safeguards and Articles I II and XIX of GATT 1994.
Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland
On 6 April 1998 Poland requested consultations with Thailand concerning the imposition of final anti-dumping duties on imports of angles shapes and sections of iron or non-alloy steel and H-beams. Poland asserted that provisional anti-dumping duties were imposed by Thailand on 27 December 1996 and a final anti-dumping duty of 27.78% of CIF value for these products produced or exported by any Polish producer or exporter was imposed on 26 May 1997. Poland further asserted that Thailand refused two requests by Poland for disclosure of findings. Poland contended that these actions by Thailand violate Articles 2 3 5 and 6 of the Anti-Dumping Agreement.
European Communities - Measures Affecting Asbestos and Asbestos – Containing Products
On 28 May 1998 Canada requested consultations with the EC in respect of measures imposed by France in particular Decree of 24 December 1996 with respect to the prohibition of asbestos and products containing asbestos including a ban on imports of such goods. Canada alleged that these measures violate Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Articles III XI and XIII of GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.
European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
On 3 August 1998 India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/97 of 12 June 1997. This was followed by the imposition of definitive duties in accordance with the above-mentioned EC Council Regulation No 2398/97 of 28 November 1997.
United States - Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan
On 18 November 1999 Japan requested consultations with the United States in respect of the preliminary and final determinations of the US Department of Commerce and the US International Trade Commission on the anti-dumping investigation of Certain Hot Rolled Steel Products from Japan issued on 25 and 30 November 1998 12 February 1999 28 April 1999 and 23 June 1999. Japan considered that these determinations are erroneous and based on deficient procedures under the US Tariff Act of 1930 and related regulations. The Japanese complaint also concerned certain provisions of the Tariff Act of 1930 and related regulations. Japan claimed violations of Articles VI and X of the GATT 1994 and Articles 2 3 6 (including Annex II) 9 and 10 of the Anti-Dumping Agreement.
United States - Anti-Dumping Measures on Stainless Steel Plate in Coils and Stainless Steel Sheet and Strip from Korea
On 30 July 1999 Korea requested consultations with the US in respect of Preliminary and Final Determinations of the US’s Department of Commerce (DOC) on Stainless Steel Plate in Coils from Korea dated 4 November 1998 and 31 March 1999 respectively and Stainless Steel Sheet and Strip from Korea dated 20 January 1999 and 8 June 1999 respectively. Korea considered that several errors were made by the US in those determinations which resulted in erroneous findings and deficient conclusions as well as the imposition calculation and collection of anti-dumping margins which are incompatible with the obligation of the US under the provisions of the Anti-Dumping Agreement and Article VI of GATT 1994 and in particular but not necessarily exclusively Article 2 Article 6 and Article 12 of the Anti-Dumping Agreement. Korea believed that the US did not act in conformity with the cited provisions among others in its treatment of the following: certain US sales made to a bankrupt company; the calculation of two distinct exchange rate periods for export sales; and currency conversion for certain normal value sales made in US dollars.
United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities
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.
United States - Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia
On 16 July 1999 New Zealand requested consultations with the US in respect of a safeguard measure imposed by the US on imports of lamb meat from New Zealand (WT/DS177). New Zealand alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports fresh chilled or frozen lamb meat effective from 22 July 1999. New Zealand contended that this measure is inconsistent with Articles 2 4 5 11 and 12 of the Agreement on Safeguards and Articles I and XIX of GATT 1994. On 23 July 1999 Australia requested consultations with the US in respect of a definitive safeguard measure imposed by the US on imports of lamb (WT/DS178). Australia alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports of fresh chilled or frozen lamb meat from Australia effective from 22 July 1999. Australia contended that this measure is inconsistent with Articles 2 3 4 5 8 11 and 12 of the Agreement on Safeguards and Articles I II and XIX of GATT 1994.
Argentina - Measures Affecting the Export of Bovine Hides and the Import of Finished Leather
On 24 December 1998 the European Communities requested consultations with Argentina concerning certain measures taken by Argentina on the export of bovine hides and the import of finished leather. The European Communities alleged that the de facto export prohibition on raw and semi-tanned bovine hides (which is implemented in part through the authorization granted by the Argentinian authorities to the Argentinian tanning industry to participate in customs control procedures of hides before export) is in violation of GATT Articles; XI:1 (which outlaws de jure export prohibitions and measures of equivalent effect); and X:3(a) (which requires uniform and impartial administration of laws and regulations) to the extent that personnel of the Argentinian Chamber for the tanning industry are authorized to assist Argentinian customs authorities. The European Communities also claimed that the “additional value added tax” of 9 per cent on imports of products into Argentina and the “advance turnover tax” of 3 per cent based on the price of imported goods imposed on operators when importing goods into Argentina are in violation of Article III:2 of the GATT 1994 (which prohibits tax discrimination of foreign products which are like directly competitive or substitutable to domestic products).
United States - Import Measures on Certain Products from the European Communities
On 4 March 1999 the EC requested consultations with the US in respect of the US decision effective as of 3 March 1999 to withhold liquidation on imports from the EC of a series of products together valued at over $500 million on an annual basis and to impose a contingent liability for 100% duties on each individual importation of affected products. On 2 March 1999 the arbitrators charged with determining the level of suspension of concessions requested by the United States in response to the failure by the EC to implement the recommendations of the DSB in respect of the EC’s banana regime (WT/DS27) had asked for additional data from the parties and informed the parties that they were unable to issue their report within the 60-day period envisaged by the DSU. The EC contends that the measure made effective by the US as of 3 March 1999 deprives EC imports into the United States of the products in question of the right to a duty not in excess of the rate bound in the US Schedule. The EC further contended that by requiring the deposit of a bond to cover the contingent liability for 100% duties US Customs effectively impose 100% duties on each individual importation. The EC alleged violations of Articles 3 21 22 and 23 of the DSU and Articles I II VIII and XI of GATT 1994. The EC also alleged nullification and impairment of benefits under GATT 1994 as well as the impediment of the objectives of the DSU and GATT 1994. The EC had requested urgent consultations pursuant to Article 4.8 of the DSU.
Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef
On 1 February 1999 the US requested consultations with Korea in respect of a Korean regulatory scheme that allegedly discriminates against imported beef by inter alia confining sales of imported beef to specialized stores (dual retail system) limiting the manner of its display and otherwise constraining the opportunities for the sale of imported beef. The US alleged that Korea imposes a mark-up on sales of imported beef limits import authority to certain so-called “super-groups” and the Livestock Producers Marketing Organization (“LPMO”) and provides domestic support to the cattle industry in Korea in amounts which cause Korea to exceed its aggregate measure of support as reflected in Korea’s schedule. The US contended that these restrictions apply only to imported beef thereby denying national treatment to beef imports and that the support to the domestic industry amounts to domestic subsidies that contravene the Agreement on Agriculture. The US alleged violations of Articles II III XI and XVII of GATT 1994; Articles 3 4 6 and 7 of the Agreement on Agriculture; and Articles 1 and 3 of the Import Licensing Agreement.
United States - Anti-Dumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of One Megabit or above from Korea - Recourse 1
On 14 January 1998 the EC requested consultations with Argentina in respect of definitive anti-dumping measures allegedly imposed by Argentina on imports of drill bits from Italy. The EC stated that on 12 September 1998 Argentina imposed definitive anti-dumping measures on imports of drill bits from Italy. The investigation which led to the imposition of these measures had allegedly been initiated on 21 February 1997. The EC alleged that due to the fact that Argentina’s investigation exceeded 18 months it was in violation of Article 1 of the Anti-Dumping Agreement.
European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
On 3 August 1998 India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/97 of 12 June 1997. This was followed by the imposition of definitive duties in accordance with the above-mentioned EC Council Regulation No 2398/97 of 28 November 1997.
Guatemala - Definitive Anti-Dumping Measures on Grey Portland Cement from Mexico
On 5 January 1999 Mexico requested consultations with Guatemala concerning definitive anti-dumping duties imposed by the authorities of Guatemala on imports of grey Portland cement from Mexico and the proceedings leading thereto. Mexico alleged that the definitive anti-dumping measure is inconsistent with Articles 1 2 3 5 6 7 12 and 18 of the Anti-Dumping Agreement and its Annexes I and II as well as with Article VI of the GATT 1994.
Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy steel and H-Beams from Poland
On 30 June 1998 the EC requested consultations with the US in respect of the alleged imposition of countervailing duties on certain hot-rolled lead and bismuth carbon steel (leaded bars) from the UK. The EC asserted that the US imposed countervailing duties of 1.69 per cent on United Engineering Steels Ltd (UES) for the review period 1 January 1994 to 31 December 1994 and of 2.4 per cent for the review period 1 January 1995 to 20 March 1995 on the basis of subsidies which had been granted to British Steel Corporation (BSC). The EC also contended that the US imposed countervailing duties on British Steel plc (BSplc) / British Steel Engineering Steels LTD (BSES) for the review period 1 January 1996 to 31 December 1996 on the basis of subsidies granted to BSC before its privatization in 1988. The EC alleged that these impositions of countervailing duties constitute a violation of Articles 1.1(b) 10 14 and 19.4 of the Subsidies Agreement.
Canada - Term of Patent Protection
On 6 May 1999 the US requested consultations with Canada in respect of the term of protection granted to patents that were filed in Canada before 1 October 1989. The US contended that the TRIPS Agreement obligates Members to grant a term of protection for patents that runs at least until twenty years after the filing date of the underlying protection and requires each Member to grant this minimum term to all patents existing as of the date of the application of the Agreement to that Member. The US alleged that under the Canadian Patent Act the term granted to patents issued on the basis of applications filed before 1 October 1989 is 17 years from the date on which the patent is issued. The US contended that this situation is inconsistent with Articles 33 65 and 70 of the TRIPS Agreement.