Statement by the United States at the June 22, 2010 DSB Meeting

WTO-DSB1. 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.91)

• Mr. Chairman, the United States provided a status report in this dispute on June 10, 2010, in accordance with Article 21.6 of the DSU.

• As has been noted, a number of legislative proposals that would implement the DSB’s recommendations and rulings in this dispute were introduced in the First Session of the current (111th) Congress. The Second Session of the 111th Congress began in January.

• The Committee on the Judiciary of the House of Representatives held a hearing on certain of these proposals on March 3, 2010. In addition, the U.S. Administration is working with Congress to implement the DSB’s recommendations and rulings.

[Second intervention:]

• In response to the statements by some Members that this dispute raises concerns for the dispute settlement system, as the United States has noted on several occasions, we do not believe that those concerns are well-founded.

• In addition, as the United States has noted, in March the Committee on the Judiciary of the U.S. House of Representatives held a hearing on certain proposals to implement the DSB’s recommendations and rulings in this dispute.

B. UNITED STATES ANTI DUMPING MEASURES ON CERTAIN HOT ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.91)

• The United States provided a status report in this dispute on June 10, 2010, 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.

• With respect to the recommendations and rulings of the DSB that were not already addressed by the U.S. authorities, the U.S. Administration will work with the U.S. Congress with respect to appropriate statutory measures that would resolve this matter.

C. UNITED STATES SECTION 110(5) OF THE US COPYRIGHT ACT: STATUS REPORT BY THE UNITED STATES (WT/DS160/24/ADD.66)

• The United States provided a status report in this dispute on June 10, 2010, in accordance with Article 21.6 of the DSU.

• The U.S. Administration will continue to confer with the European Union, and to work closely with the U.S. Congress, in order to reach a mutually satisfactory resolution of this matter.

D. EUROPEAN COMMUNITIES MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS: STATUS REPORT BY THE EUROPEAN UNION (WT/DS291/37/ADD.29)

• The United States thanks the EU for its status report and its statement today.

• As the United States noted at the May meeting of the DSB, the EU has been considering substantial modifications to its biotech approval procedures. We understand that the modifications are intended to address problems that are linked both to delays in the approval of biotech applications, and to the adoption by EU member States of bans on products approved at the EU level.

• The United States further understands that earlier this month, the EU began discussing a concrete proposal with stakeholders.

• The United States has been working with the EU to schedule discussions addressed to these developments and other matters relating to trade in biotech products.

• The United States looks forward to holding constructive discussions with the EU regarding these matters.

E. UNITED STATES MEASURES RELATING TO ZEROING AND SUNSET REVIEWS: STATUS REPORT BY THE UNITED STATES (WT/DS322/36/ADD.9)

• Mr. Chairman, the United States provided a status report in this dispute on June 10, 2010, in accordance with Article 21.6 of the DSU.

• As noted in the status report, the United States has taken steps to implement the DSB’s recommendations and rulings in this dispute. With respect to the outstanding issues, the United States will continue to consult with interested parties in order to address those issues.

F. UNITED STATES CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY: STATUS REPORT BY THE UNITED STATES (WT/DS350/18/ADD.6)

• Mr. Chairman, the United States provided a status report in this dispute on June 10, 2010, in accordance with Article 21.6 of the DSU.

• As noted in that status report, the United States has taken steps to implement the DSB’s recommendations and rulings in this dispute. With regard to the remaining issues, the United States will continue to consult with interested parties.

G. UNITED STATES LAWS, REGULATIONS AND METHODOLOGY FOR CALCULATING DUMPING MARGINS (“ZEROING”): STATUS REPORT BY THE UNITED STATES (WT/DS294/38)

• Mr. Chairman, the United States provided a status report in this dispute on June 10, 2010, in accordance with Article 21.6 of the DSU.

• As noted in that status report, the United States has already taken a number of steps to implement the DSB’s recommendations and rulings in this dispute, and the United States will continue to consult with interested parties with regard to the remaining issues.

• Finally, as Members are aware, the EU requested authorization from the DSB to suspend concessions or other obligations in this dispute, and the United States objected to the EU’s request. Therefore, pursuant to Article 22.6 of the DSU, the matter has been referred to arbitration.

2. UNITED STATES CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000: IMPLEMENTATION OF THE RECOMMENDATIONS ADOPTED BY THE DSB

A. STATEMENTS BY THE EUROPEAN UNION AND JAPAN

• As the United States has explained at previous DSB meetings, the President signed the Deficit Reduction Act into law on February 8, 2006. That Act includes a provision repealing the Continued Dumping and Subsidy Offset Act of 2000. Thus, the United States has taken all actions necessary to implement the DSB’s recommendations and rulings in these disputes.

• We recall, furthermore, that Members have acknowledged during previous DSB meetings that the 2006 Deficit Reduction Act does not permit the distribution of duties collected on goods entered after October 1, 2007.

• We therefore do not understand the purpose for which the EU and Japan have inscribed this item today.

• With respect to comments regarding further status reports in this matter, as we have already explained at previous DSB meetings, the United States fails to see what purpose would be served by further submission of status reports repeating the progress the United States made in the implementation of the DSB’s recommendations and rulings.

5. UNITED STATES MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES

A. REQUEST FOR THE ESTABLISHMENT OF A PANEL BY INDONESIA (WT/DS406/2)

• Mr. Chairman, the United States is disappointed that Indonesia has chosen to move forward with its request for panel establishment.

• The Family Smoking Prevention and Tobacco Control Act does not target Indonesian clove cigarettes. Indeed, the law does not single out any country.

• The United States is confident that the Act is fully consistent with our WTO obligations, and we intend to defend our position vigorously.

• We would also like to mention that the Food and Drug Administration’s Tobacco Products Scientific Advisory Committee, which was established by the Family Smoking Prevention and Tobacco Control Act, is currently meeting and carrying out the tasks Congress assigned to it. As required under the Act, the Committee will report its findings to the FDA by March 18, 2011.

• In light of the fact that the required report of the Tobacco Products Scientific Advisory Committee is pending, Indonesia’s request for a panel is, in our view, premature, and we would encourage Indonesia to reconsider its request.

For these reasons, the United States is not in a position to agree to the establishment

of a panel at this time.