Statement by the United States at the November 19, 2012, 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.120)

• The United States provided a status report in this dispute on November 8, 2012, in accordance with Article 21.6 of the DSU.

• Legislative proposals have been introduced in the current Congress to 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.120)

• The United States provided a status report in this dispute on November 8, 2012, 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.95)

• The United States provided a status report in this dispute on November 8, 2012, 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.58)

The United States thanks the EU for its status report and for its statement today.  As we have explained at past meetings of the DSB, the United States continues to have serious concerns regarding EU measures affecting the approval of biotech products.

• For example, as a result of delays in the EU approval system, the time taken by the EU to consider biotech product applications is far longer than the time taken by other Members, and the United States is concerned that this problem is getting worse, not better.

• The adoption of the technology continues to grow around the world, and the pace of new product development is accelerating. Unless the EU takes steps to address delays in its biotech approval system, the EU will continue to face a growing number of products that are approved by and produced in other Members, but that are still awaiting approval in the EU system.

• The EU’s failure to reach decisions on biotech varieties produced by other Members results in substantial restrictions on international trade in agricultural products.

• One source of delay is the frequent failure of the EU to adhere to the time lines for regulatory action under the EU’s own regulations. For example, under EU law, a draft decision on product approval should be submitted to a regulatory committee within three months of the safety assessment by the European Food Safety Authority (EFSA). The EU rarely meets this time line.

• We note, as noted by the EU this morning, that since the last meeting of the DSB, EFSA has published positive safety opinions on a new biotech soybean product and a new biotech corn product. We urge the EU to ensure that these product applications are
passed on to the regulatory committee without delay, and within the time frame set out in the EU’s own regulations.

 

E. UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL: STATUS REPORT BY THE UNITED STATES
(WT/DS382/11/ADD.11)

• The United States provided a status report in this dispute on November 8, 2012.

• Pursuant to the sequencing agreement between Brazil and the United States,1 the United States is ready to engage with Brazil should it have any further questions regarding this matter.

 

G. UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM
(WT/DS404/11/ADD.6)

• The United States provided a status report in this dispute on November 8, 2012, in accordance with Article 21.6 of the DSU.

• In February 2012, the U.S. Department of Commerce published a modification to its procedures in order to implement DSB recommendations and rulings regarding the use of “zeroing” in antidumping reviews. This modification addresses certain findings in this dispute.

• On June 28, 2012, the United States Trade Representative requested pursuant to section 129 of the Uruguay Round Agreements Act that the Department of Commerce take action necessary to implement the DSB recommendations and rulings in this dispute.

• The United States will continue to consult with interested parties as it works to address the recommendations and rulings of the DSB.

 

H. PHILIPPINES – TAXES ON DISTILLED SPIRITS: STATUS REPORT BY THE PHILIPPINES
(WT/DS396/15/ADD.1 – WT/DS403/15/ADD.1)
• The United States thanks the Philippines for its status report and its statement today.

• We welcome the Philippines’ statement that it is continuing to work to implement the DSB recommendations and rulings regarding the Philippine tax system for distilled spirits.

• Nonetheless, we recall the serious concerns we and others have raised regarding some of the legislative proposals, which appear to perpetuate the current situation where imported distilled spirits are taxed at significantly higher rates than domestic Philippine spirits.

• To comply with the DSB’s recommendations and rulings, any new system must be nondiscriminatory, both on its face and in application.

• We look forward to progress on this matter, keeping in mind the expiration of the reasonable period of time to comply on March 8, 2013.

 

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 provisionrepealing 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, as we have 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 Statesmade in the implementation of the DSB’s recommendations and rulings.

 

OTHER BUSINESS: EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS (DS27)

• The United States would like to join others in welcoming the certification of the EU’s bananas commitments and the resolution of the disputes between the EU and the Latin American banana-producing countries. This is a significant and very welcome development.

• The United States would also like to note that we have been and will continue to be in contact with the EU regarding the U.S.- EU bananas agreement.