Dispute settlement
Chile - Taxes on Alcoholic Beverages
On 4 June 1997 and 15 December 1997 the EC requested consultations with Chile in respect of Chile’s Special Sales Tax on spirits which allegedly imposes a higher tax on imported spirits than on Pisco a locally brewed spirit. The EC’s second request (WT/DS110) takes issue with the modification to the law on taxation on alcoholic beverages passed by Chile to address the concerns of the EC in WT/DS87. The EC contended that this differential treatment of imported spirits violates Article III:2 of GATT 1994.
Turkey - Restrictions on Imports of Textile and Clothing Products
On 21 March 1996 India requested consultations with Turkey concerning Turkey’s imposition of quantitative restrictions on imports of a broad range of textile and clothing products. India claimed that those measures are inconsistent with Articles XI and XIII of GATT 1994 as well as ATC Article 2. Earlier India had requested to be joined in the consultations between Hong Kong and Turkey on the same subject matter (WT/DS29).
Australia - Subsidies Provided to Producers and Exporters of Automotive Leather
On 4 May 1998 the United States requested consultations with Australia in respect of prohibited subsidies allegedly provided to Australian producers and exporters of automotive leather including subsidies provided to Howe and Company Proprietary Ltd. (or any of its affiliated and/or parent companies) which allegedly involve preferential government loans of about $A25 million and non-commercial terms and grants of about $A30 million. The United States contended that these measures violate the obligations of Australia under Article 3 of the SCM Agreement.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
Brazil - Export Financing Programme for Aircraft
On 19 June 1996 Canada requested consultations with Brazil under Article 4 of the SCM Agreement which provides for special procedures for export subsidies. Canada claimed that export subsidies granted under the Brazilian Programa de Financiamento às Exportações (PROEX) to foreign purchasers of Brazil’s Embraer aircraft are inconsistent with Articles 3 27.4 and 27.5 of the SCM Agreement.
Canada - Measures Affecting the Export of Civilian Aircraft
On 10 March 1997 Brazil requested consultations with Canada in respect of certain subsidies granted by the Government of Canada or its provinces intended to support the export of civilian aircraft. The request was made pursuant to Article 4 of the SCM Agreement. Brazil contended that these measures are inconsistent with Article 3 of the SCM Agreement.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
On 09 April 1999 the WTO issued the dispute panel reports in the case "European communities - Regime for the importation sale and distribution of bananas".
India - Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products
On 15 July 1997 the US requested consultations with India in respect of quantitative restrictions maintained by India on importation of a large number of agricultural textile and industrial products. The US contended that these quantitative restrictions including the more than 2700 agricultural and industrial product tariff lines notified to the WTO are inconsistent with India’s obligations under Articles XI:1 and XVIII:11 of GATT 1994 Article 4.2 of the Agreement on Agriculture and Article 3 of the Agreement on Import Licensing Procedures.
Japan - Measures Affecting Agricultural Products
On 7 April 1997 the US requested consultations with Japan in respect of the latter’s prohibition under quarantine measures of imports of certain agricultural products. The US alleged that Japan prohibits the importation of each variety of a product requiring quarantine treatment until the quarantine treatment has been tested for that variety even if the treatment has proved to be effective for other varieties of the same product. The US alleged violations of Articles 2 5 and 8 of the SPS Agreement Article XI of GATT 1994 and Article 4 of the Agreement on Agriculture. In addition the US made a claim for nullification and impairment of benefits.
United States - Anti-Dumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of one Megabit or above from Korea
On 14 January 1998 the EC requested consultations with Argentina in respect of definitive anti-dumping measures allegedly imposed by Argentina on imports of drill bits from Italy. The EC stated that on 12 September 1998 Argentina imposed definitive anti-dumping measures on imports of drill bits from Italy. The investigation which led to the imposition of these measures had allegedly been initiated on 21 February 1997. The EC alleged that due to the fact that Argentina’s investigation exceeded 18 months it was in violation of Article 1 of the Anti-Dumping Agreement.
Korea - Taxes on Alcoholic Beverages
On 4 April 1997 the EC requested consultations with Korea in respect of internal taxes imposed by Korea on certain alcoholic beverages pursuant to its Liquor Tax Law and Education Tax Law. The EC contended that the Korean Liquor Tax Law and Education Tax Law appear to be inconsistent with Korea’s obligations under Article III:2 of GATT 1994. On 23 May 1997 the US requested consultations with Korea in respect of the same measures complained of by the EC. The US also alleged violations of Article III:2.
Guatemala - Anti-Dumping Investigation Regarding Portland Cement from Mexico
On 15 October 1996 Mexico requested consultations with Guatemala in respect of an anti-dumping investigation commenced by Guatemala with regard to imports of portland cement from Mexico. Mexico alleged that this investigation was in violation of Guatemala’s obligations under Articles 2 3 5 and 7.1 of the Anti-Dumping Agreement.
Japan - Measures Affecting Agricultural Products
On 7 April 1997 the US requested consultations with Japan in respect of the latter’s prohibition under quarantine measures of imports of certain agricultural products. The US alleged that Japan prohibits the importation of each variety of a product requiring quarantine treatment until the quarantine treatment has been tested for that variety even if the treatment has proved to be effective for other varieties of the same product. The US alleged violations of Articles 2 5 and 8 of the SPS Agreement Article XI of GATT 1994 and Article 4 of the Agreement on Agriculture. In addition the US made a claim for nullification and impairment of benefits.
Australia - Measures Affecting Importation of Salmon
On 5 October 1995 Canada requested consultations with Australia in respect of Australia’s prohibition of imports of salmon from Canada based on a quarantine regulation. Canada alleged that the prohibition is inconsistent with Articles XI and XIII of the GATT 1994 and also inconsistent with the SPS Agreement.
United States - Import Prohibition of Certain Shrimp and Shrimp Products
On 8 October 1996 India Malaysia Pakistan and Thailand requested consultations with the United States concerning a ban on importation of shrimp and shrimp products from these complainants imposed by the US under Section 609 of US Public Law 101-162. Violations of Articles I XI and XIII of the GATT 1994 as well nullification and impairment of benefits were alleged.
Korea - Taxes on Alcoholic Beverages
On 4 April 1997 the EC requested consultations with Korea in respect of internal taxes imposed by Korea on certain alcoholic beverages pursuant to its Liquor Tax Law and Education Tax Law. The EC contended that the Korean Liquor Tax Law and Education Tax Law appear to be inconsistent with Korea’s obligations under Article III:2 of GATT 1994. On 23 May 1997 the US requested consultations with Korea in respect of the same measures complained of by the EC. The US also alleged violations of Article III:2.
India - Patent Protection for Pharmaceutical and Agricultural Chemical Products - Complaint by the European Communities and their Member States
On 28 April 1997 the EC requested consultations with India in respect of the alleged absence in India of patent protection for pharmaceutical and agricultural chemical products and the absence of formal systems that permit the filing of patent applications of and provide exclusive marketing rights for such products. The EC contended that this is inconsistent with India’s obligations under Article 70 paragraphs 8 and 9 of the TRIPS Agreement (see similar US complaint in WT/DS50 where the Panel and Appellate Body reports were adopted on 16 January 1998).
European Communities - Measures Affecting the Importation of Certain Poultry Products
On 24 February 1997 Brazil requested consultations with the EC in respect of the EC regime for the importation of certain poultry products and the implementation by the EC of the Tariff Rate Quota for these products. Brazil contended that the EC measures are inconsistent with Articles X and XXVII of GATT 1994 and Articles 1 and 3 of the Agreement on Import Licensing Procedures. Brazil also contended that the measures nullify or impair benefits accruing to it directly or indirectly under GATT 1994.
Indonesia - Certain Measures Affecting the Automobile Industry
On 3 October 1996 the EC requested consultations with Indonesia on 4 October 1996 and 29 November 1996 Japan requested consultations with Indonesia and on 8 October 1996 the US requested consultations with Indonesia concerning Indonesia’s National Car Programme. The EC alleged that the exemption from customs duties and luxury taxes on imports of “national vehicles” and components thereof and related measures were in violation of Indonesia’s obligations under Articles I and III of GATT 1994 Article 2 of the TRIMs Agreement and Article 3 of the SCM Agreement. Japan contended that these measures were in violation of Indonesia’s obligations under Articles I:1 III:2 III:4 and X:3(a) of GATT 1994 as well as Articles 2 and 5.4 of the TRIMs Agreement. The US contended that the measures were in violation of Indonesia’s obligations under Article I and III of GATT 1994 Article 2 of the TRIMs Agreement Article 3 6 and 28 of the SCM Agreement and Articles 3 20 and 65 of the TRIPS Agreement.
Guatemala - Anti-Dumping Investigation Regarding Portland Cement from Mexico
On 15 October 1996 Mexico requested consultations with Guatemala in respect of an anti-dumping investigation commenced by Guatemala with regard to imports of portland cement from Mexico. Mexico alleged that this investigation was in violation of Guatemala’s obligations under Articles 2 3 5 and 7.1 of the Anti-Dumping Agreement.