International Trade Law News

Published by Jacobson Burton Kelley PLLC

On July 20, 2004, the WTO's Dispute Settlement Body (DSB) reviewed status reports provided by the U.S. on progress in the implementation of four DSB rutings and recommendatins. The following is a summary of the status reports issued by the DSB:

US — Anti-Dumping Act of 1916 (DS136 & DS162)

The U.S. informed the DSB that U.S. Trade Representative Zoellick in a letter dated 30 June 2004 urged the leadership of the U.S. House of Representatives to repeal the Anti-Dumping Act of 1916 “at the earliest opportunity." The E.U. thanked Ambassador Zoellick for his letter and hoped that the U.S. Administration's call will be heard by the Congress. The E.U. said that the discussions were still at the stage of “urging” the U.S. to comply with WTO rules after four years of the 1916 Act condemnation. The E.U. recalled that it may use its right to suspend concessions. Although Japan recognized Ambassador R. Zoellick's letter as a recent development, it strongly urged the U.S. Administration to re-double its effort vis-à-vis the Congress for the passage of the repealing legislation so that Japanese companies will not incur further damages. Japan repeated that the reactivation of the arbitration process was possible in case of non-implementation by the U.S of the DSB recommendations and rulings.

U.S. — Section 211 Omnibus Appropriations Act of 1998 (DS176)

The U.S. informed the DSB that the Senate Judiciary Committee held hearings concerning the Section 211 repealing legislation on 13 July 2004. The E.C. said that the “US-Cuba Trademarks Protection Act” would give an opportunity to the U.S. to apply effective protection of the TRIPS into practice and to support the legislation as the appropriate solution to this dispute. Cuba said that the “US-Cuba Trademarks Protection Act” was not an isolated case of non-compliance by the U.S. Cuba emphasised that Section 211 was a violation of WTO basic principles, such as the National treatment and the Most-favoured-nation (MFN) treatment and the intellectual property rights of third countries.

U.S. — Anti-dumping measures on certain hot-rolled steel products from Japan (DS184)

The U.S. reported that the U.S. administration was continuing to work with the U.S. Congress. Japan recalled the U.S. that the 31 July 2004 deadline for implementation was approaching and that there had been no concrete signs of progress toward a full implementation. Also, Japan asked the U.S. to seriously consider the consequences from delays in implementation.

U.S. — Continued Dumping and Subsidy Offset Act of 2000 (Byrd Amendment) (DS217 & DS234)

< style="font-family: arial;">The U.S. reported that legislation to bring the Continued Dumping and Subsidy Offset Act into conformity with U.S. WTO obligations was introduced in the U.S. Senate on 19 June 2003 and in the House of Representatives on 10 March 2004. Canada, Chile, EC, Japan, Korea and India expressed once again their disappointment on the lack of progress by the U.S. to bring its legislation into compliance with the DSB recommendations and rulings. Canada and Japan reminded the U.S. that the complainants were currently awaiting the WTO arbitrators' ruling on the level of retaliation that Members may imposed on the U.S.