Statements by the United States at the September 27, 2011, DSB Meeting

As delivered by the United States
Geneva,
September 27, 2011

 

In relation to adoption of the agenda, the United States welcomes Korea’s decision to withdraw its panel request from the agenda of today’s meeting.  We consider that Korea has withdrawn its panel request as of right.  Korea’s withdrawal of its proposed item is not subject to a consensus decision by the DSB.

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.106)

The United States provided a status report in this dispute on September 15, 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.

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.106)

The United States provided a status report in this dispute on September 15, 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.81)

The United States provided a status report in this dispute on September 15, 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.44)

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

The United States remains concerned with delays in the EU’s approval system for biotech products, and the resulting effects on trade.  The United States is likewise concerned with bans adopted by EU member States on biotech products approved at the EU level.

As my EU colleague noted, U.S. delegation will shortly be meeting with EU officials in Brussels to discuss these matters and related issues.  The United States looks forward to a constructive discussion with the European Union.

E.         UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS:  STATUS REPORT BY THE UNITED STATES (WT/DS322/36/ADD.23)

The United States provided a status report in this dispute on September 15, 2011, in accordance with Article 21.6 of the DSU.

In December 2010, the Arbitrator in the proceeding under Article 22.6 of the DSU in this dispute issued a communication stating that it had accepted a joint request by the parties to the dispute to suspend its work.

On September 13, 2011, in response to a joint request of the United States and Japan, the Arbitrator issued a communication stating that it has decided to continue the suspension.  The communication of the Arbitrator has been circulated to the DSB in document WT/DS322/39.

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.

F.         UNITED STATES – CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY:  STATUS REPORT BY THE UNITED STATES (WT/DS350/18/ADD.21)
The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on September 15, 2011, and earlier in today’s discussion of agenda item 1.E.  We refer Members to that report and 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.15)

The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on September 15, 2011, and earlier in today’s discussion of agenda item 1.E.  We refer Members to that report and statement for further details.

In September 2010, the Arbitrator in the proceeding under DSU 22.6 in this dispute issued a communication stating that it had accepted a joint request by the parties to the dispute to suspend its work.

On September 16, 2011, in response to a joint request of the United States and the EU, the Arbitrator issued a communication stating that it has decided to continue the suspension.  The communication of the Arbitrator has been circulated to the DSB in document WT/DS294/40.

H.        CHINA – MEASURES AFFECTING TRADING RIGHTS AND DISTRIBUTION SERVICES FOR CERTAIN PUBLICATIONS AND AUDIOVISUAL ENTERTAINMENT PRODUCTS:  STATUS REPORT BY CHINA (WT/DS363/17/ADD.8)

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

As the United States has previously noted, 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 and hopes that China will take steps to resolve this matter soon.

2.         UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM

A.        IMPLEMENTATION OF THE RECOMMENDATIONS OF THE DSB

 

As noted by the Chair, on September 2, 2011, the DSB adopted the Panel report in the dispute United States – Anti-Dumping Measures on Certain Products from Viet Nam (WT/DS404/R).

This morning, as provided in the first sentence of Article 21.3 of the DSU, the United States wishes to state that it intends to implement the recommendations and rulings of the DSB in a manner that respects U.S. WTO obligations.

The United States will need a reasonable period of time in which to implement.

3.         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 already 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 welcome Members’ recognition that the 2006 Deficit Reduction Act does not permit the distribution of duties collected on goods entered after October 1, 2007 – some four years ago.

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, again, that the United States has taken all actions necessary to implement the DSB’s recommendations and rulings in these disputes.

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

A.        JOINT REQUEST BY INDONESIA AND THE UNITED STATES FOR A DECISION BY THE DSB (WT/DS406/5)

The United States is joining Indonesia in asking that the DSB agree to provide additional time for adoption or appeal of the panel report in this dispute by adopting the draft decision set forth in document WT/DS406/5.

The Appellate Body has informally requested the parties to delay any appeal in this dispute until January 2012.

After discussions with Indonesia, the United States agreed to join Indonesia in making this request.  The draft decision would provide for DSB adoption of the Panel report by negative consensus until January 20, 2012, upon request by a party to the dispute.

We also expect that the greater flexibility in scheduling any appeal would enable the Appellate Body to complete its work within the time periods set out in Article 17.5 of the DSU.

We would appreciate the DSB’s support for the draft decision.