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2005 2004 2003 2002


STATEMENTS BY AMBASSADOR LINNET F. DEILY
AT THE OCTOBER 18 MEETING OF THE WTO
DISPUTE SETTLEMENT BODY


1. SURVEILLANCE OF IMPLEMENTATION OF RECOMMENDATIONS ADOPTED BY THE DSB

A. UNITED STATES - ANTI-DUMPING ACT OF 1916: STATUS REPORT BY THE UNITED STATES (WT/DS136/14/ADD.31 - WT/DS162/17/ADD.31)

. The United States provided an additional status report in these disputes on October 7, 2004, in accordance with Article 21.6 of the DSU.

. Since we provided that report, Congress took significant steps toward repealing the 1916 Act.

. A provision to repeal the 1916 Act was attached to the Miscellaneous Trade and Technical Corrections Act of 2004 (H.R. 1047). The U.S. House of Representatives approved H.R. 1047 on October 8, 2004, shortly after an agreement was reached between House and Senate conferees.

. The bill is now awaiting final action in the U.S. Senate. The Senate is currently in recess but is expected to return to Washington in November.

· The U.S. Administration will continue to work with Congress to achieve further progress in resolving these disputes with the European Communities and with Japan.



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

B. UNITED STATES - SECTION 211 OMNIBUS APPROPRIATIONS ACT OF 1998: STATUS REPORT BY THE UNITED STATES (WT/DS176/11/ADD.24)

· The United States provided a status report in this dispute on October 7, 2004, in accordance with Article 21.6 of the DSU.

. As noted in the report, legislation amending or repealing section 211 is pending in the U.S. Senate and the U.S. House of Representatives, and the Senate held hearings on this legislation in July.

· The United States Administration will continue to work with the U.S. Congress concerning appropriate statutory measures that would resolve this matter.



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

C. UNITED STATES - ANTI-DUMPING MEASURES ON CERTAIN HOT-ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.24)

· The United States provided a status report in this dispute on October 7, 2004, in accordance with Article 21.6 of the DSU.

· The Administration will continue to work with the U.S. Congress with respect to the recommendations and rulings of the DSB that were not already addressed by the U.S. authorities by November 23, 2002.

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

D. UNITED STATES - CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000: STATUS REPORT BY THE UNITED STATES (WT/DS217/16/ADD.9 - WT/DS234/24/ADD.9)

· The United States provided a status report on October 7, 2004, in accordance with Article 21.6 of the DSU.

. As noted in the report, on June 19, 2003, legislation to bring the Continued Dumping and Subsidy Offset Act into conformity with U.S. WTO obligations was introduced in the U.S. Senate (S. 1299). On March 10, 2004, legislation repealing the CDSOA was introduced in the U.S. House of Representatives (H.R. 3933).

. In addition, on February 2, 2004, the U.S. Administration once again proposed repeal of the CDSOA in its budget proposal for fiscal year 2005.

· The U.S. Administration will continue to work with Congress to achieve further progress in resolving these disputes with the complaining parties.



Item 2. CANADA - MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN

A. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE DSB

. Madame Chairperson, the United States welcomes the statement of Canada that it intends to implement the recommendations and rulings of the DSB in this dispute.

. We hope that Canada will remove its WTO-inconsistent measures promptly. We would note that measures that are both consistent with Canada's national treatment obligation and meet Canada's stated policy objectives are clearly available. We look forward to hearing more about Canada's plans in this regard.


Item 4. OTHER BUSINESS

A. EC STATEMENT ON SECTION 110(5) OF THE U.S. COPYRIGHT ACT

. The parties to the dispute concluded a mutually satisfactory, temporary arrangement regarding this matter in June 2003. The temporary arrangement covers the period through December 21, 2004. The United States intends to consult with the European Communities with a view toward reaching a resolution of this matter.

. We can confirm that, as previously agreed with the EC, the United States will resume providing status reports on this matter at the next DSB meeting.