Statements by the United States at the October 25, 2011, DSB Meeting

– as delivered –

 

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.107)

The United States provided a status report in this dispute on October 13, 2011, in accordance with Article 21.6 of the DSU.

Legislative proposals have been introduced in the current 112th U.S. 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.

[Second intervention:]

The United States has in previous meetings replied to certain systemic concerns raised by some Members.  The United States continues to believe that the facts simply do not support those Members’ assertions or justify such systemic concerns.  The record is clear:  the United States has come into compliance, fully and promptly, in the vast majority of its disputes.

As for the remaining instances where our efforts to do so have not yet been entirely successful, the United States has been working actively towards compliance in furtherance of the purpose of the dispute settlement system.

 

We have also in past meetings described the legislative activity related to this matter.  In response to some Members’ comments we can do so again today.

In the U.S. Senate, S. 603 was introduced on March 16, 2011.  This bill has been referred to the Senate Committee on the Judiciary.

In the U.S. House of Representatives, four bills have been introduced that would either modify or repeal Section 211:

H.R. 1166, which was introduced on March 17, 2011, and has been referred to the House Committee on the Judiciary.

 

H.R. 255, which was introduced on January 7, 2011, and has been referred to the Subcommittee on International Monetary Policy and Trade.

H.R.1887, which was introduced on May 12, 2011, and has been referred to the Subcommittee on Communications and Technology.

H.R. 1888, which was introduced on May 12, 2011, and has been referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the Judiciary, Agriculture, and Financial Services.

The U.S. Administration will, of course, continue to work with the U.S. Congress 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.107)

The United States provided a status report in this dispute on October 13, 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.82)

The United States provided a status report in this dispute on October 13, 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.45)

 

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

As the EU has noted, a U.S. delegation recently met with EU officials in Brussels to discuss these matters and related issues.  The United States would like to thank the EU for hosting a constructive meeting.

At this meeting of the DSB, and in light of the DSB recommendations and rulings concerning delays in EU approvals, the United States would like to highlight its concerns regarding ongoing EU delays in the approval of biotech varieties of soybeans.  As Members are aware, soybeans are a major commodity in international trade.

The delays in the EU approval system are illustrated by the fact that EU approvals are lagging behind the soybean approvals completed by the United States, by other exporters of soybeans, and by other Members that import soybeans.  These EU delays are threatening to cause additional disruptions in international trade in soybeans.

Currently, four applications to approve varieties of biotech soybeans have been pending in the EU system for over 48 months – 4 years – with no decision.  A fifth application has been pending for 41 months.

The United States looks forward to EU progress on the approval of these soybeans varieties, as well as progress on the other products pending in the EU approval system.

 

E.         UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS:  STATUS REPORT BY THE UNITED STATES (WT/DS322/36/ADD.25)

The United States provided a status report in this dispute on October 13, 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.

 

F.         UNITED STATES – CONTINUED EXISTENCE AND APPLICATION OF ZEROING METHODOLOGY:  STATUS REPORT BY THE UNITED STATES (WT/DS350/18/ADD.22)

The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on October 13, 2011, and earlier in today’s discussion of agenda item 1.E.  We would 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.16)

 

The United States has addressed the issue of compliance with the findings in this dispute in the status report provided on October 13, 2011, and earlier in today’s discussion of agenda item 1.E.  Again, we would refer Members to that report and 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.9)

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

As the United States has previously noted, we remain 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 we hope 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 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 recall, furthermore, that Members have acknowledged that the 2006 Deficit Reduction Act does not permit the distribution of duties collected on goods entered after October 1, 2007, more than 4 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.

We are not aware of other Members, including those inscribing this item today, continuing to provide status reports in similar circumstances.

 

3.         UNITED STATES – ANTI?DUMPING MEASURES ON CERTAIN SHRIMP AND DIAMOND SAWBLADES FROM CHINA

A.        REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CHINA (WT/DS422/3)

While the United States believes that the initiation of this dispute was unnecessary, the United States is pleased that the parties were able to reach a procedural agreement which should expedite the proceedings and decrease the burden on the parties and the dispute settlement system.  As noted by China, that agreement was circulated to Members in document WT/DS422/4.

Consistent with the procedural agreement, the United States does not oppose the establishment of a panel today.

We would also note that the U.S. Department of Commerce has discontinued zeroing in the context of average-to-average comparisons in investigations.