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STATEMENTS BY THE UNITED
STATE DELEGATION AT THE WTO DISPUTE
SETTLEMENT BODY
Geneva, September 10, 2001
(Legal Adviser Daniel Brinza spoke for the U.S.)

 

1. UNITED STATES : ANTIDUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN

IMPLEMENTATION OF THE RECOMMENDATIONS OF THE DSB

It is the intention of the United States to implement the recommendations and rulings of the DSB in the dispute United States - Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan in a manner that respects U.S. WTO obligations, and we have begun to evaluate options for doing so.

The United States will need a reasonable period of time in which to do this. My delegation stands ready to discuss this period with Japan, in accordance with Article 21.3(b) of the DSU.

 


2. UNITED STATES : COUNTERVAILING MEASURES CONCERNING CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES

SECOND REQUEST FOR THE ESTABLISHMENT OF A PANEL BY THE EUROPEAN COMMUNITIES

Mr. Chairman, given that a panel will be established at this meeting to examine the EC's complaint in DS/212, I will not repeat the points made at the August 23 meeting of the DSB.

Instead, we will save our words for the panel.

 

3. UNITED STATES : COUNTERVAILING DUTIES ON CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM GERMANY

SECOND REQUEST FOR THE ESTABLISHMENT OF A PANEL BY THE EUROPEAN COMMUNITIES

Mr. Chairman, given that a panel will be established at this meeting to examine the EC's complaint in DS/213, I will not repeat the points made at the August 23 meeting of the DSB.

Instead, we will save our words for the panel.

4. UNITED STATES - DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF STEEL WIRE ROD AND CIRCULAR WELDED QUALITY LINE PIPE

SECOND REQUEST FOR THE ESTABLISHMENT OF A PANEL BY THE EUROPEAN COMMUNITIES

We are disappointed that the EC has chosen to move ahead with a panel on these measures. The United States implemented the measures only after the USITC conducted careful and exhaustive investigations which demonstrated that imports of these products were causing or threatening to cause serious injury to the U.S. industries.

WTO rules specifically provide that governments may impose temporary import restrictions to prevent or remedy serious injury under these types of circumstances.

I would like to reiterate the points we made at the previous meeting of the DSB, in particular the U.S. objection to and concern with the language in the EC panel request that the safeguard measures are inconsistent, quote, "in particular, but not necessarily exclusively," end quote, with certain, listed provisions of the Safeguards Agreement and the GATT 1994. This phrasing suggests that if a panel is ever established, the EC may attempt to allege violations of additional legal provisions not identified in the request.

We will vigorously defend these measures before the panel. In the meantime, we appreciate and agree with the statement by the EC today that the EC's decision to establish the panel will not prevent us from exploring the possibility of finding a mutually satisfactory solution to the matters in dispute.

 

5: UNITED STATES - CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000

SECOND REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CANADA

SECOND REQUEST FOR THE ESTABLISHMENT OF A PANEL BY MEXICO

As we have stated at the previous DSB meetings where a panel request regarding the Byrd Amendment has been raised, in our view, the Byrd Amendment is fully consistent with our international obligations under the WTO and we intend to vigorously defend it before the WTO panel.

Again, I emphasize that this law does not alter how the United States makes antidumping or countervailing duty determinations, or the amount of duties assessed on dumped or subsidized imports, which are issues covered by the WTO agreements.

The WTO agreements do not address what a country may do with antidumping and countervailing duties after they have been collected.



OTHER BUSINESS

U.S. STATEMENT ON FINAL IMPLEMENTATION OF DSB RECOMMENDATIONS IN KOREA STEEL

The United States is happy to report that the recommendations and rulings of the DSB in this case were implemented by September 1, 2001, the expiration of the reasonable period of time.

The re-determinations in both the Stainless Steel Sheet and the Stainless Steel Plate investigations were effective on August 28, 2001.