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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO 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.
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Surveillance
of implementation of the recommendations of the DSB
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DS160: United States — Section 110(5) of the US copyright act
The
United States said that the US and European Communities were committed to
finding a positive and mutually acceptable solution to the dispute. He
said that the US Administration would continue to engage the US Congress
following the Congressional recess with a view to settling this dispute as
soon as practicable.
The
EC expressed disappointment with the lack of implementation by the United
States and noted that twenty-seven months had passed since the adoption of
the Panel Report in this case. It urged the US to take rapid and concrete
action to settle this dispute.
DS136
&
DS162:
United States — Anti-dumping Act of 1916
The
US said that bills repealing the 1916 Act had been introduced in the US
Congress and that these bills would apply to all pending court cases. The
US assured that the US Administration would continue to work with the US
Congress after the Congressional recess to achieve further progress in
resolving this dispute.
The
EC and Japan expressed concern about the lack of progress in this matter
and urged the US to repeal the 1916 Act without further delay. They noted
that proceedings against some of their companies had resumed and that it
was imperative that the US take swift action to prevent their companies
from incurring huge expenses to defend themselves. They also expressed
concern about the bill introduced by Representative Henry Hyde in June
2002, which, if adopted, would repeal the 1916 Act, but would not affect
pending cases.
DS176:
United States — Section 211 Omnibus Appropriations Act of 1998
The
US said that the US Congress would convene early next year and that the US
Administration would continue to engage the US Congress with a view to
finding a solution to this dispute.
The
EC noted that the US status report was too brief and did not shed light on
the steps being taken by the US to bring its measures into conformity with
the recommendations and rulings of the DSB.
Cuba
urged the US to bring its measures into conformity with the
recommendations and rulings of the DSB within the reasonable period of
time that it had agreed with the EC.
DS184
: United States — Anti-dumping measures on certain hot-rolled steel
products from Japan
The
US said that the US Department of Commerce had issued a new final
determination in the hot-rolled steel anti-dumping duty investigation,
which implemented the recommendations and rulings of the DSB with respect
to the calculation of anti-dumping margins in that investigation.
Regarding the recommendations and rulings of the DSB with respect to the
US anti-dumping status, the US said that the US Administration was
continuing to consult and to work with the US Congress with a view to
resolving this dispute in a mutually satisfactory manner. The US added
that to that end it was consulting with Japan and had sought its agreement
to extend the reasonable period of time to 31 December 2003 or the end of
the first session of the next Congress, whichever was earlier.
Japan
expressed disappointment about the failure of the US to implement the
recommendations and rulings of the DSB within the reasonable period of
time. Japan said that while it would probably agree to an extension of the
reasonable period of time, it expected the US to bring its measures into
compliance as soon as practicable. Japan added that it reserved its right
to take appropriate action in the event of non-compliance again by the US.
Implementation
of the recommendations of the DSB
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DS236:
US — Preliminary determinations with respect to certain softwood lumber
from Canada
The
US said that measures at issue in this dispute were no longer in effect
and that the provisional cash deposits that Canada challenged had been
refunded prior to the circulation of the Panel Report. The US said that as
such it did not have to take any further action to comply with the
recommendations and rulings of the DSB.
Canada
dismissed the view of the US that no action was required on its part to
implement the recommendations and rulings of the DSB. Canada said that the
legal methodologies found by the Panel to be plainly illegal in the US
Preliminary Countervailing Duty Determination remained unchanged in the
Final Determination.
Other
business
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DS237:
Turkey – Certain import procedures for fresh fruit
Ecuador
and Turkey informed the DSB that they had found a mutually satisfactory
solution to their dispute.
Next
meeting
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The
next regular meeting of the DSB is scheduled for 19 December 2002.
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