October 18, 2005 DSB - U.S. Statements
The following are statements by the United States at the October 18, 2005 meeting of the WTO Dispute Settlement Body (DSB)
Item 1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB
A. UNITED STATES – SECTION 211 OMNIBUS APPROPRIATIONS ACT OF 1998: STATUS REPORT BY THE UNITED STATES (WT/DS176/11/ADD.35)
· The United States provided a status report in this dispute on October 6, 2005, in accordance with Article 21.6 of the DSU.
- As noted in the report, several legislative proposals relating to section 211 that would implement the DSB’s recommendations and rulings in this dispute have been introduced in the current Congress, both in the U.S. Senate and the U.S. House of Representatives.
- The Administration is working with Congress to implement the DSB’s recommendations and rulings.
Item 1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB
B. UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.35)
· The United States provided a status report in this dispute on October 6, 2005, in accordance with Article 21.6 of the DSU .
· As of November 23, 2002, the U.S. authorities had addressed the DSB’s recommendations and rulings with respect to the calculation of antidumping margins in the hot-rolled steel antidumping duty investigation at issue in this dispute. Details are provided in the document numbered WT/DS184/15/ADD.3.
· The U.S. Administration continues to support specific legislative amendments that would implement the DSB’s recommendations and rulings with respect to the U.S. antidumping duty statute, and is working with the U.S. Congress to pass these amendments. In this connection, on May 19, 2005, legislation was introduced in the U.S. House of Representatives (H.R. 2473) that would implement the DSB’s recommendations and rulings with respect to the U.S. antidumping duty statute.
· The U.S. Administration will continue to work with Congress to enact legislation to implement the DSB’s recommendations and rulings.
Item 1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB
C. UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000: STATUS REPORT BY THE UNITED STATES (WT/DS217/16/ADD.20 – WT/DS234/24/ADD.20)
· The United States provided a status report on October 6, 2005, in accordance with Article 21.6 of the DSU.
- As noted there, the U.S. Administration proposed repeal of the CDSOA in its budget proposal for fiscal year 2006. In addition, legislation that would repeal the CDSOA has been introduced in the U.S. House of Representatives.
- On September 9, 2005, an amendment to appropriations legislation was filed in the U.S. Senate. The amendment would prohibit the distribution of CDSOA funds unless distribution of such funds would not be inconsistent with U.S. WTO obligations.
- The U.S. Administration will continue to work with the Congress to enact legislation, and to confer with the complaining parties in these disputes, in order to reach mutually satisfactory resolutions of these matters.
Item 1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB
D. UNITED STATES – SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.10)
· The United States provided a status report in this dispute on October 6, 2005, in accordance with Article 21.6 of the DSU.
- As noted in the report, the U.S. Administration continues to work with the U.S. Congress, and to confer with the European Communities, in order to reach a mutually satisfactory resolution of this matter.
Item 3. UNITED STATES – SUBSIDIES ON UPLAND COTTON
A. RECOURSE TO ARTICLE 7.9 OF THE SCM AGREEMENT AND ARTICLE 22.2 OF THE DSU BY BRAZIL (WT/DS267/26)
- Mr. Chairman, by letter dated October 17, 2005, the United States notified you that it objects to Brazil’s request for authorization to suspend concessions or other obligations pursuant to Article 22.2 of the DSU and Article 7.9 of the SCM Agreement.
- Under the terms of the DSU (and, consequently, Article 7.10 of the SCM Agreement), the filing of such an objection automatically results in the matter being referred to arbitration, and no further action is required of the DSB. Indeed, Article 22.6 does not refer to any decision by the DSB.
- Consequently, the matter is already being referred to arbitration. Nevertheless, the United States has no objection if the DSB wishes to take note of that fact and confirm that it may not therefore consider Brazil’s request for authorization, which is on the agenda of today’s meeting.
- Although the United States has registered its objections to Brazil’s request, and thereby commenced the arbitration process, the United States believes that further proceedings are not necessary.
- At the April 21 DSB meeting, the United States announced its intention to implement the recommendations and rulings of the DSB in this dispute and has taken appropriate steps to do so.
- For example, on July 5, the U.S. Administration announced a legislative proposal to repeal the user marketing “Step 2” cotton program. Repeal of the Step 2 program would mitigate the price effects found to be caused by certain measures in this dispute. The U.S. Administration has been working actively with the Congress to get this legislation enacted.
- In addition, reductions in payments under other domestic support programs, including those that were discussed in the dispute, were proposed by the U.S. Administration as part of its budget proposal and are being considered by the Congress.
- The United States is confident that this dispute can be resolved without need for further proceedings.
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