Statements by Ambassador Linnet Deily
WTO Dispute Settlement Body

June 23, 2003

The following statements were delivered by Ambassador Linnet Deily, Deputy U.S. Trade Representative, at the June 23, 2003 meeting of the Dispute Settlement Body

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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.16)

· I am very pleased to report that the United States and the European Communities have concluded a mutually satisfactory temporary arrangement with respect to this dispute. The arrangement covers a three-year period, beginning December 21, 2001.

· The United States will make a payment of $3.3 million to the EC, to a fund to be established for the promotion of authors' rights and provision of general assistance to members of EC performing rights societies. These funds were recently appropriated by the U.S. Congress.

· The parties have notified the arrangement to the DSB and expect the Secretariat to be circulating the notification to Members shortly.

· The United States is pleased that the parties were able to work constructively and cooperatively to find a way forward on this matter.

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

B. UNITED STATES - ANTIDUMPING ACT OF 1916: STATUS REPORT BY THE UNITED STATES (WT/DS136/14/ADD.16 - WT/DS162/17/ADD.16)

· The United States provided an additional status report in this dispute on June 12, 2003, in accordance with Article 21.6 of the DSU.

· As noted in the report, legislation repealing the 1916 Act and terminating all pending cases was introduced in the U.S. Senate on May 19, 2003. Other bills repealing the 1916 Act were introduced in the House of Representatives on March 4, 2003, and in the Senate on May 23, 2003.

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

C. UNITED STATES - SECTION 211 OMNIBUS APPROPRIATIONS ACT OF 1998: STATUS REPORT BY THE UNITED STATES (WT/DS176/11/ADD.9)

· The United States provided a status report in this dispute on June 12, in accordance with Article 21.6 of the DSU.

· The U.S. Administration is working closely with the U.S. Congress to resolve this dispute.

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

D. UNITED STATES - ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.9)

· The United States provided a status report in this dispute on June 12, 2003, in accordance with Article 21.6 of the DSU.

· The Administration continues to work with the U.S. Congress to address 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.

· Specifically, the Administration is supporting the passage of specific amendments to the U.S. antidumping duty law that would implement these recommendations and rulings.

3. UNITED STATES - MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES

A. REQUEST FOR THE ESTABLISHMENT OF A PANEL BY ANTIGUA AND BARBUDA (WT/DS285/2)

· The United States is disappointed and concerned that the GATS Article XXIII consultations held with Antigua and Barbuda on the matters raised in their panel request failed to put this dispute to rest.

· The United States made it very clear in those consultations that cross-border gambling and betting services are not within the scope of U.S. specific market access commitments under the GATS.

· Just as importantly, the United States made it clear that cross-border gambling and betting services are prohibited under U.S. law. They are prohibited from domestic and foreign service suppliers alike because of the social, psychological dangers and law enforcement problems that they create, particularly with respect to internet gambling and betting.

· The United States has grave concerns over the financial and social risks posed by such activities to its citizens, particularly but not exclusively children. We are surprised that another WTO Member has chosen to challenge measures taken to address these concerns - particularly in an area in which the United States has made no market access commitment.

· The U.S. also notes with concern that Antigua and Barbuda have appended to its panel request an Annex which contains a number of items that do not constitute "measures" that can properly be included within the scope of a panel request. In addition, the Annex to the panel request includes several measures which appear not to have been included in the April 1, 2003, consultation request. Further, we believe that not all of the measures cited in the Annex are related to cross-border gambling and betting.

· For these reasons, the United States cannot accept the establishment of a panel, and we continue to urge Antigua and Barbuda to reconsider its decision to move forward with the request.

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