Statement by the United States at the May 24, 2011 DSB Meeting

 

1. 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.102)

The United States provided a status report in this dispute on May 12, 2011, in accordance with Article 21.6 of the DSU.

Legislative proposals have been introduced in the current 112th Congress that would implement the recommendations and rulings of the DSB.

In the Senate, S. 603 was introduced on March 16, 2011. This bill has been referred to the Senate Committee on the Judiciary. In the House of Representatives, H.R. 1166 was introduced on March 17, 2011. This bill has been referred to the House Committee on the Judiciary.

The U.S. Administration will continue to work on solutions to implement the DSB’s recommendations and rulings.

B. UNITED STATES ? ANTI?DUMPING MEASURES ON CERTAIN HOT?ROLLED STEEL PRODUCTS FROM JAPAN: STATUS REPORT BY THE UNITED STATES (WT/DS184/15/ADD.102)

The United States provided a status report in this dispute on May 12, 2011, in accordance with Article 21.6 of the DSU.

As of November 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.

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.76)

 

The United States provided a status report in this dispute on May 12, 2011, 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.40)
The United States thanks the EU for its status report and its statement today.

The United States recalls the constructive discussions held with EU officials in March.

At the same time, the United States notes with concern that, since July of last year, the EU has not made a decision on any one of the dozens of pending biotech applications. Many of the pending applications already have received favorable assessments from the EU’s own scientific authority.

The United States would urge the EU to take steps to address these matters.

E. UNITED STATES ? MEASURES RELATING TO ZEROING AND SUNSET REVIEWS: STATUS REPORT BY THE UNITED STATES (WT/DS322/36/ADD.20)

The United States provided a status report in this dispute on May 12, 2011, in accordance with Article 21.6 of the DSU.

As the United States explained in its status report, in December 2010 the U.S. Department of Commerce announced a proposal to change the calculation of weighted average dumping margins and assessment rates in certain antidumping proceedings. At this time, the U.S. Department of Commerce is continuing with its ongoing work on the December proposal.

[Second intervention)

We take note of the comments from China and will refer them to Capital. At this point, Commerce has issued a proposal to change its calculation. The proposal is not final and does not prejudge what might happen in any specific past review, and is subject to comment.

We are continuing to review the comments that we received.

F. UNITED STATES ? CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY: STATUS REPORT BY THE UNITED STATES (WT/DS350/18/ADD.17)

The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on May 12, 2011, and earlier in today’s discussion of agenda item 1.E. We refer Members to that report and to that statement for further details.

G. UNITED STATES ? LAWS, REGULATIONS AND METHODOLOGY FOR CALCULATING DUMPING MARGINS (“ZEROING”): STATUS REPORT BY THE UNITED STATES (WT/DS294/38/ADD.11)

The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on May 12, 2011, and earlier in today’s discussion of agenda item 1.E. We refer Members to that report and that statement for further details.

H. CHINA ? MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS: STATUS REPORT BY CHINA (WT/DS363/17/ADD.4)

The United States thanks China for its status report and its statement today.

The United States remains concerned by the lack of progress by China in bringing its measures relating to films for theatrical release into compliance with the DSB recommendations and rulings. The United States also has significant concerns about the incomplete progress relative to China’s measures relating to audio visual home entertainment products, reading materials, and sound recordings. The United States is conferring with China on these matters. The United States hopes that China will take steps to resolve this matter soon

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.

With respect to comments regarding further status reports in this matter, the United States fails to see what purpose would be served by further submission of status reports repeating the progress the United States has made in implementation of the DSB’s recommendations and rulings in these disputes.