February 19, 2003: U.S. Statements at DSB Meeting

February 19, 2003
WTO Dispute Settlement Body
Statements by the U.S. Delegation

The United States made the following position statements at the February 19, 2003 meeting of the WTO Dispute Settlement Body.

Item 1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

A. UNITED STATES - SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/18/ADD.12)

The United States provided an additional status report in this dispute on February 6, 2003, in accordance with Article 21.6 of the DSU. As noted in the report, the United States and the European Communities have been seeking a positive and mutually acceptable resolution of the dispute.
The U.S. Administration will continue to engage the U.S. Congress on this issue with a view to concluding a mutually acceptable resolution consistent with WTO rules.

B. UNITED STATES - ANTIDUMPING ACT OF 1916: STATUS REPORT BY THE UNITED STATES (WT/DS136/14/ADD.12 - WT/DS162/17/ADD.12)

The United States provided an additional status report in this dispute on February 6, 2003, in accordance with Article 21.6 of the DSU.
The U.S. Administration will continue to work with the U.S. Congress to achieve further progress in resolving this dispute with the European Communities and Japan.

C. UNITED STATES - SECTION 211 OMNIBUS APPROPRIATIONS ACT OF 1998: STATUS REPORT BY THE UNITED STATES (WT/DS176/11/ADD.5)

The United States provided a status report in this dispute on February 6, 2003, in accordance with Article 21.6 of the DSU.
The U.S. Administration will work with the new Congress with a view to resolving this dispute.

D. UNITED STATES - ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.5)

The United States provided a status report in this dispute on February 6, 2003, in accordance with Article 21.6 of the DSU.
With respect to the recommendations and rulings of the DSB that were not addressed in the November 22, 2002, antidumping duty determination of the U.S. Department of Commerce, the United States Administration will continue to consult and to work with the Congress with a view to resolving this matter with Japan in a mutually satisfactory manner.

Item 2. UNITED STATES - SUBSIDIES ON UPLAND COTTON

A. REQUEST FOR THE ESTABLISHMENT OF A PANEL BY BRAZIL (WT/DS267/2)

We are disappointed that Brazil has chosen to move forward with a request for panel establishment at this time.
The United States approached these consultations in good faith and made enormous efforts to provide information in response to Brazil’s approximately 125 consultation questions. Nonetheless, Brazil chose to terminate those ongoing consultations, despite the fact that the United States and Brazil were planning to meet again. We regret Brazil’s decision and suggest that further consultations could have been fruitful.
Let me state the U.S. position clearly: U.S. cotton support programs are within our allowable WTO limits and consistent with our WTO obligations. Therefore, should this dispute move forward, we will vigorously defend our cotton support programs.
We note that we share with Brazil many of the same goals for the Doha Development Round agriculture talks, including the objectives of negotiating significantly lower domestic subsidies and agricultural tariffs and eliminating agricultural export subsidies. However, it appears that Brazil is attempting to litigate for a reduction in U.S. cotton support that is not embodied in U.S. commitments under the Uruguay Round agreements, and, in particular, the Agreement on Agriculture. We would suggest that Brazil’s and the United States’ energies would be better spent ensuring that the WTO talks are successful rather than litigating a dispute that will not provide Brazil with the result it desires.
As a procedural matter, we also note that in its panel request Brazil has referred to a measure which was not the subject of consultations. Brazil’s consultation request concerning “[e]xport subsidies, exporter assistance, export credit guarantees, [and] export and market access enhancement” was limited to upland cotton. Brazil is now attempting to expand the challenged measures to include measures for other eligible agricultural commodities. There is no basis for Brazil’s panel request on these newly identified measures relating to “other eligible agricultural commodities” on which Brazil has not requested consultations.
Because we believe that U.S. cotton support programs are consistent with our WTO obligations and in order to afford Brazil an opportunity to renew consultations on this matter, the United States is not in a position to agree to the establishment of a panel at this time.

Item 5. OTHER BUSINESS

A. UNITED STATES - ANTI-DUMPING AND COUNTERVAILING MEASURES ON STEEL PLATE FROM INDIA (WT/DS206)

The United States is pleased to inform the DSB that it has implemented the DSB’s recommendations and rulings in United States - Anti-dumping and Countervailing Measures on Steel Plate from India (DS206).
On February 7, 2003, the United States administering authorities issued a new determination in the investigation at issue. The authorities examined and considered all of the data on the record, and provided a thorough explanation of their treatment of this data, thereby fully complying with U.S. WTO obligations.