Dispute settlement
United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse 1
On 24 October 2008 Mexico requested consultations with the United States with respect to the following measures: (i) the United States Code Title 16 Section 1385 (“Dolphin Protection Consumer Information Act”) (ii) the Code of Federal Regulations Title 50 Section 216.91 (“Dolphin‑safe labeling standards”) and Section 216.92 (“Dolphin‑safe requirements for tuna harvested in the ETP [Eastern Tropical Pacific Ocean] by large purse seine vessels”) and (iii) the ruling in Earth Island Institute v. Hogarth 494 F.3d 757 (9th Cir. 2007).
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - 2014
On 16 February 2012 Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to two administrative reviews and the five year “sunset review” the request for consultations concerns several US laws regulations administrative proceedings and practices including zeroing.
Foreword
This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2014.
WTO Dispute Settlement: One-Page Case Summaries, 1995–2014
WTO Dispute Settlement: One-Page Case Summaries provides a succinct summary of the key findings of every dispute panel report up to the end of 2014 and where applicable the subsequent Appellate Body report. Each one-page summary comprises three sections: the core facts; the key findings contained in the reports; and where relevant other matters of particular significance. The disputes are presented in chronological order (by dispute settlement number). Two indexes at the end of the publication list the disputes by WTO agreement and by WTO member responding to the complaint.
China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from Japan. Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from the European Union.
On 20 December 2012 Japan requested consultations with China pursuant to Articles 1 and 4 of the DSU Article XXII:1 of the GATT 1994 and Articles 17.2 and 17.3 of the Anti-Dumping Agreement with respect to the measures and claims set out below. On 13 June 2013 the European Union requested consultations with China pursuant to the same above-mentioned provisions and with respect to the measures and claims set out below. In both complaints the consultations concerned China's measures imposing anti-dumping duties on certain HP-SSST from Japan and the European Union respectively as set forth in MOFCOM's Preliminary Determination notice and MOFCOM's Final Determination notice including any and all annexes and any amendments thereof.
Argentina - Measures Affecting the Importation of Goods
On 21 August 2012 Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods. Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requirements imposed on importers to undertake certain trade-restrictive commitments; and (iv) the alleged systematic delay in granting import approval or refusal to grant such approval or the grant of import approval subject to importers undertaking to comply with certain allegedly trade-restrictive commitments.
United States - Countervailing Duty Measures on Certain Products from China
On 25 May 2012 China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. China challenges various aspects of certain identified countervailing duty investigations including their opening conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.
United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India
On 12 April 2012 India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).
Peru - Additional Duty on Imports of Certain Agricultural Products
On 12 April 2013 Guatemala requested consultations with Peru with respect to the imposition by Peru of an “additional duty” on imports of certain agricultural products such as rice sugar maize milk and certain dairy products. Guatemala claims that the measure at issue is inconsistent with: - Article 4.2 and footnote 1 of the Agreement on Agriculture; - Articles II:1(a) II:1(b) X:1 X:3(a) XI and XI:1 of the GATT 1994; and - Articles 1 2 3 5 6 and 7 of the Customs Valuation Agreement.
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - 2014
On 16 February 2012 Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to two administrative reviews and the five year “sunset review” the request for consultations concerns several US laws regulations administrative proceedings and practices including zeroing.
United States - Certain Country of Origin Labelling (Cool) Requirements - Recourse 1
On 1 December 2008 Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities including beef and pork. The eligibility for a designation of a covered commodity as exclusively having a US origin can only be derived from an animal that was exclusively born raised and slaughtered in the United States. This would exclude such a designation in respect of beef or pork derived from livestock that is exported to the United States for feed or immediate slaughter.
India - Measures Concerning the Importation of Certain Agricultural Products
On 6 March 2012 the United States requested consultations with India with respect to the prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to Avian Influenza. The measures at issue are: the Indian Livestock Importation Act 1898 (9 of 1898) ("Livestock Act"); a number of orders issued by India's Department of Animal Husbandry Dairying and Fisheries pursuant to the Livestock Act most recently S.O. 1663(E); as well as any amendments related measures or implementing measures.
WTO Appellate Body Repertory of Reports and Awards
The fifth edition of the WTO Appellate Body Repertory of Reports and Awards (the ‘Repertory’) serves first and foremost as a source of information for those interested in the field of international trade law and international dispute settlement. Initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal support to Appellate Body Members the Repertory has become a practical tool for officials from WTO Member States and in particular for Members (including developing-country Members) who may not have the resources to prepare a similar compendium in-house. The Repertory is also a useful publication for academics students private practitioners trade officials and other followers of international trade law and international dispute settlement.
E
Accessions to the World Trade Organization (WTO) have profound implications for the private sector. The market liberalization required by accession commitments must be accompanied by deep structural reforms. Even though least-developed countries (LDCs) and developing countries usually benefit from special and differential treatment the liberalization process can still lead to market adjustments that can test the status quo and require actions that will impact the private sector. This chapter discusses how the private and public sectors have cooperated to make the most of accession while mitigating its risks. The chapter concludes that the business community values predictability. Therefore acceding governments should find a way to integrate the private sector in the negotiating process. Gaining a thorough understanding of the objectives and implications of accession in particular for small and medium-sized enterprises (SMEs) is a good starting point for building a partnership between the acceding government and its private sector. The acceding government should also seek consensus with the private sector on key accession commitments on the direction of reform desired by stakeholders at the local level and allow sufficient time to prepare the private sector to adjust to the expected changes in the business environment. The experience of recently acceded governments has shown that regular engagement with the private sector before during and after accession enables new WTO members to make deeper liberalization commitments. When these commitments are the result of a consultative process between policy-makers and business the likelihood of their successful implementation is greater.
Foreword to the 1995–2013 edition
The WTO Appellate Body Repertory of Reports and Awards is intended to serve first and foremost as a source of information for those interested in the field of international trade law. It presents a systematic compilation of Appellate Body jurisprudence over the past 18 years. The Repertory was initially developed as an internal research tool to assist the Appellate Body Secretariat in carrying out its duty to provide legal advice to Appellate Body Members. The Secretariat subsequently decided to make the Repertory available to the public to serve as a practical tool for officials from WTO Members particularly for those who may not have the resources to prepare similar compendiums in-house. We hope that the Repertory will also assist academics students private practitioners and others with an interest in international trade law and dispute settlement practice who need to consult and access precise information about the evolution of and most recent developments in Appellate Body jurisprudence.
WTO Appellate Body Repertory of Reports and Awards, 1995–2013, 5th edition
Trade multilateralism in the twenty-first-century century faces a serious test as weakness in the global economy and fast-paced technological changes create a challenging environment for world trade. This book examines how an updated and robust rules-based multilateral framework anchored in the WTO remains indispensable to maximizing the benefits of global economic integration and to reviving world trade. By examining recent accessions to the WTO it reveals how the growing membership of the WTO has helped to support domestic reforms and to strengthen the rules-based framework of the WTO. It argues that the new realities of the twenty-first century require an upgrade to the architecture of the multilateral trading system. By erecting its 'upper floors' on the foundation of existing trade rules the WTO can continue to adapt to a fast-changing environment and to maximize the benefits brought about by its ever-expanding membership.
Argentina - Measures Affecting the Importation of Goods
On 21 August 2012 Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods. Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requirements imposed on importers to undertake certain trade-restrictive commitments; and (iv) the alleged systematic delay in granting import approval or refusal to grant such approval or the grant of import approval subject to importers undertaking to comply with certain allegedly trade-restrictive commitments.
China - Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum
On 13 March 2012 the United States requested consultations with China with respect to China’s restrictions on the export of various forms of rare earths tungsten and molybdenum. The request refers to materials falling under but not limited to 212 eight-digit Chinese Customs Commodity Codes and over 30 measures. The request also refers to a number of Chinese published as well as unpublished measures that operating separately or collectively allegedly impose and administer export restrictions. These restrictions include export duties export quotas minimum export price requirements export licensing requirements and additional requirements and procedures in connection with the administration of the quantitative restrictions.
United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India
On 12 April 2012 India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).
United States - Countervailing Duty Measures on Certain Products from China
On 25 May 2012 China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. China challenges various aspects of certain identified countervailing duty investigations including their opening conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.
Foreword
This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2012.
WTO Dispute Settlement: One-Page Case Summaries, 1995-2012
WTO Dispute Settlement: One-Page Case Summaries provides a succinct summary of the key findings of every dispute panel report up to the end of 2011 and where applicable the subsequent Appellate Body report. Each one-page summary comprises three sections: the core facts; the key findings contained in the reports; and where relevant other matters of particular significance. The disputes are presented in chronological order (by dispute settlement number). Two indexes at the end of the publication list the disputes by WTO agreement and by WTO member responding to the complaint.
United States - Countervailing and Anti-Dumping Measures on Certain Products from China
On 17 September 2012 China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products; (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and (iv) the United States’ failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012.
European Communities - Measures Prohibiting the Importation and Marketing of Seal Products
On 2 November 2009 Canada requested consultations with the European Communities concerning Regulation (EC) No. 1007/2009 of the European Parliament and of the EC Council of 16 September 2009 on trade in seal products and subsequent related measures. According to Canada the regulation in question prohibits the importation and the placing on the EC market of all seal products.
United States - Countervailing and Anti-Dumping Measures on Certain Products from China
On 17 September 2012 China requested consultations with the United States concerning the following measures: (i) a new piece of legislation (Public Law 112-99) that explicitly allows for the application of countervailing measures to non-market economy countries; (ii) countervailing duty determinations or actions made or performed by US authorities between 20 November 2006 and 13 March 2012 in respect of Chinese products; (iii) anti-dumping measures associated with the concerned countervailing duty measures as well as the combined effect of these anti-dumping measures and the parallel countervailing duty measures; and (iv) the United States’ failure to provide the US Department of Commerce (USDOC) with legal authority to identify and avoid the double remedies in respect of investigations or reviews initiated on or between 20 November 2006 and 13 March 2012.
China - Measures Related to the Exportation of rare Earths, Tungsten, and Molybdenum
On 13 March 2012 the United States requested consultations with China with respect to China’s restrictions on the export of various forms of rare earths tungsten and molybdenum. The request refers to materials falling under but not limited to 212 eight-digit Chinese Customs Commodity Codes and over 30 measures. The request also refers to a number of Chinese published as well as unpublished measures that operating separately or collectively allegedly impose and administer export restrictions. These restrictions include export duties export quotas minimum export price requirements export licensing requirements and additional requirements and procedures in connection with the administration of the quantitative restrictions.
European Communities - Measures Prohibiting the Importation and Marketing of Seal Products
On 2 November 2009 Canada requested consultations with the European Communities concerning Regulation (EC) No. 1007/2009 of the European Parliament and of the EC Council of 16 September 2009 on trade in seal products and subsequent related measures. According to Canada the regulation in question prohibits the importation and the placing on the EC market of all seal products.
China - Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States
On 20 September 2011 the United States requested consultations with China concerning China's measures imposing anti-dumping and countervailing duties on broiler products from the United States.
Mapping of Dispute Settlement Mechanisms in Regional Trade Agreements
Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most if not all RTAs contain provisions that establish procedures for resolving disputes among their signatory members. Yet the design and functioning of these dispute settlement mechanisms (DSMs) and more specifically how they differ from the WTO dispute settlement system remain relatively unexplored. Existing academic literature has primarily focused on the narrow issue of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and classifying systematically the DSMs of RTAs is more limited. This research paper goes beyond considering the issue of jurisdictional conflict between the multilateral and "regional" regimes. We map out the DSMs in RTAs that have been notified to the WTO and were in force at the end of 2012 and consider a typology of these DSMs based on their nature and design. We also use the data obtained from our mapping exercise in two ways. First we identify trends and patterns of use either regionally or by individual countries of the different types of DSMs in RTAs. Trends are analysed in relation to five key factors: (i) evolution over time (ii) level of economic development (iii) regional characteristics (iv) level of integration (partial scope agreement free trade agreement or customs union) and (v) configuration (bilateral or plurilateral). Second we undertake a "nuts and bolts" analysis of the DSMs of RTAs by examining their approach to various issues in international dispute settlement. Our aim is to draw conclusions about the extent to which the predominant type of DSM in RTAs has features that are different from those of the WTO dispute settlement system.
Canada - Certain Measures Affecting the Renewable Energy Generation Sector. Measures Relating to the Feed-In Tariff Program
On 11 August 2011 the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).
China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union
On 25 July 2011 the European Union requested consultations with China concerning the imposition of definitive anti-dumping duties on x-ray security inspection equipment from the European Union pursuant to China's Ministry of Commerce Notice No. 1(2011) including its Annex. The European Union claims that the measure is inconsistent with various provisions of the Anti–Dumping Agreement related to the process of the anti-dumping investigation (including failure to provide access to relevant information and insufficient explanation of the basis for the determinations) as well as the anti–dumping determination at issue (absence of objective examination of the effect of the dumped imports on prices in the domestic market and absence of objective determination of causality). The European Union considers that the measure is inconsistent with Articles 2.4 3.1 3.2 3.4 3.5 6.1 6.2. 6.4 6.5 6.9 12.2.2 of the Anti-Dumping Agreement and Articles VI:1 and VI:6(a) of the GATT 1994.
Canada - Certain Measures Affecting the Renewable Energy Generation Sector. Measures Relating to the Feed-In Tariff Program
On 11 August 2011 the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).
China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States
On 15 September 2010 the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010] including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10 11.2 11.3 12.3 12.4.1 12.7 12.8 15.1 15.2 15.5 19 22.2(iii) 22.3 and 22.5 of the SCM Agreement - Articles 1 3.1 3.2 3.5 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.
China - Certain Measures Affecting Electronic Payment Services
On 15 September 2010 the United States requested consultations with China with respect to “certain restrictions and requirements maintained by China pertaining to electronic payment services for payment card transactions and the suppliers of those services”.
Korea - Measures Affecting the Importation of Bovine Meat and Meat Products from Canada
On 9 April 2009 Canada requested consultations with Korea concerning measures affecting the importation of bovine meat and meat products from Canada. According to Canada since May 2003 Korea prohibits the importation of Canadian bovine meat and meat products. The alleged objective of this prohibition would be that of protecting against risks arising from bovine spongiform encephalopathy (BSE).
United States - Certain Country of Origin Labelling (Cool) Requirements
On 1 December 2008 Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities including beef and pork. The eligibility for a designation of a covered commodity as exclusively having a US origin can only be derived from an animal that was exclusively born raised and slaughtered in the United States. This would exclude such a designation in respect of beef or pork derived from livestock that is exported to the United States for feed or immediate slaughter.
China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States
On 15 September 2010 the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010] including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10 11.2 11.3 12.3 12.4.1 12.7 12.8 15.1 15.2 15.5 19 22.2(iii) 22.3 and 22.5 of the SCM Agreement - Articles 1 3.1 3.2 3.5 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.
United States - Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China
On 28 February 2011 China requested consultations with the United States regarding the latter's anti-dumping measures on certain frozen warmwater shrimp from China. China alleged that the US Department of Commerce's (“USDOC”) use of zeroing in the original investigation and several administrative reviews to calculate dumping margins for the subject imports is inconsistent with the United States' obligations under Article VI:1 and VI:2 of the GATT 1994 and Articles 1 2.1 2.4 2.4.2 5.8 9.2 9.3 and 9.4 of the Anti-Dumping Agreement. China further asserted that the USDOC's reliance in the sunset review on the dumping margins calculated in the original investigation and administrative reviews is inconsistent with the United States' obligations under Article 11.3 of the Anti-Dumping Agreement.
United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
On 24 October 2008 Mexico requested consultations with the United States with respect to the following measures: (i) the United States Code Title 16 Section 1385 (“Dolphin Protection Consumer Information Act”) (ii) the Code of Federal Regulations Title 50 Section 216.91 (“Dolphin–safe labeling standards”) and Section 216.92 (“Dolphin–safe requirements for tuna harvested in the ETP [Eastern Tropical Pacific Ocean] by large purse seine vessels”) and (iii) the ruling in Earth Island Institute v. Hogarth 494 F.3d 757 (9th Cir. 2007).
United States - Measures Affecting the Production and Sale of Clove Cigarettes
On 7 April 2010 Indonesia requested consultations with the United States with respect to a provision of the Family Smoking Prevention Tobacco Control Act of 2009 that bans clove cigarettes. Indonesia alleged that Section 907 which was signed into law on 22 June 2009 prohibits among other things the production or sale in the United States of cigarettes containing certain additives including clove but would continue to permit the production and sale of other cigarettes including cigarettes containing menthol. Indonesia alleged that Section 907 is inconsistent inter alia with Article III:4 of the GATT 1994 Article 2 of the TBT Agreement and various provisions of the SPS Agreement.
United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint)
On 27 June 2005 the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a) 3.1(b) 3.2 5(a) 5(c) 6.3(a) 6.3(b) and 6.3(c) of the SCM Agreement; and - Article III:4 of the GATT 1994
Use of the WTO Trade Dispute Settlement Mechanism by the Latin American Countries
The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical evidence of how Latin-American countries have been very active in their use of the DSM especially when their use of the mechanism is compared to their participation in world trade. This paper also analyses why to a large extent Latin American countries have overcome the challenges of participating in the DSM; and have done so by coming up with innovative and creative solutions without deviating from the guidelines established by WTO rules.
Dominican Republic - Safeguard Measures on Imports of Polypropylene Bags and Tubular fabric
On 15 October 2010 Costa Rica requested consultations with the Dominican Republic concerning the provisional and definitive safeguard measures imposed by the Dominican Republic on imports of polypropylene bags and tubular fabric and the investigation that led to the imposition of those measures. The products at issue are classified under subheadings 5407.20.20 6305.33.10 and 6305.33.90 of the Dominican Republic Tariff.
China - Measures Related to the Exportation of Various Raw Materials
On 23 June 2009 the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials. The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.
Philippines - Taxes on Distilled Spirits
On 29 July 2009 the European Communities requested consultations with the Philippines concerning the Philippines' current Excise Tax regime on distilled spirits which has been in place since 1997. The European Communities contends that the regime discriminates against imported distilled spirits by taxing them at a substantially higher rate than domestic spirits. The European Communities cites a number of specific measures under the regime in its request. The European Communities considers that these measures are inconsistent with the Philippines' obligations under GATT 1994 in particular Article III:2. On 10 August 2009 the United States requested to join the consultations. Subsequently the Philippines informed the DSB that it had accepted the request of the United States to join the consultations.
United States - Certain Country of Origin Labelling (Cool) Requirements
On 1 December 2008 Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities including beef and pork. The eligibility for a designation of a covered commodity as exclusively having a US origin can only be derived from an animal that was exclusively born raised and slaughtered in the United States. This would exclude such a designation in respect of beef or pork derived from livestock that is exported to the United States for feed or immediate slaughter.
European Union - Anti-Dumping Measures on Certain Footwear from China
On 4 February 2010 China requested consultations with the European Union concerning three EU measures in connection with the imposition of anti-dumping duties on imports of certain leather footwear from China. In particular China is challenging as WTO-inconsistent Article 9(5) of the Basic EC Anti–Dumping Regulation which provides that in cases involving imports from NME countries the anti–dumping duty shall be specified for the supplying country concerned and not for each individual supplier. According to China applicable WTO rules require that an individual margin and duty be determined and specified for each known exporter and producer and not for the supplying country as a whole. China states that the Basic Regulation provides that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria set forth in Article 9(5) the Individual Treatment rules and is therefore inconsistent with various provisions of the WTO Agreement China's Protocol of Accession the GATT 1994 and the Anti-Dumping Agreement. China is also challenging as WTO-inconsistent the Review and Definitive Regulations imposing anti-dumping duties on imports of certain footwear from China and various aspects of the expiry and original determinations and investigations underlying those regulations.
United States - Measures Concerning The Importation, Marketing and Sale of Tuna and Tuna Products
On 15 September 2011 the WTO issued the dispute panel reports in the case "United States - Measures concerning the importation marketing and sale of tuna and tuna products".
United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China
On 14 September 2009 China requested consultations with the United States concerning increased tariffs on certain passenger vehicle and light truck tyres (subject tyres) from China. The decision was announced on 11 September 2009 following an investigation pursuant to section 421 of the Trade Act of 1974 (19 U.S.C. 2451 et seq.). The USITC determined that there was market disruption as a result of rapidly increasing imports of subject tyres from China that were a significant cause of material injury to the domestic industry. Following a Presidential decision additional duties were imposed on subject tyres imports for a three year period in the amount of 35 per cent ad valorem in the first year 30 per cent ad valorem in the second year and 25 per cent ad valorem in the third year (the tyres measure). This measure took effect on 26 September 2009.
United States - Measures Affecting the Production and Sale of Clove Oigarettes
On 7 April 2010 Indonesia requested consultations with the United States with respect to a provision of the Family Smoking Prevention Tobacco Control Act of 2009 that bans clove cigarettes. Indonesia alleged that Section 907 which was signed into law on 22 June 2009 prohibits among other things the production or sale in the United States of cigarettes containing certain additives including clove but would continue to permit the production and sale of other cigarettes including cigarettes containing menthol. Indonesia alleged that Section 907 is inconsistent inter alia with Article III:4 of the GATT 1994 Article 2 of the TBT Agreement and various provisions of the SPS Agreement.
Philippines - Taxes on Distilled Spirits
On 29 July 2009 the European Communities requested consultations with the Philippines concerning the Philippines' current Excise Tax regime on distilled spirits which has been in place since 1997. The European Communities contends that the regime discriminates against imported distilled spirits by taxing them at a substantially higher rate than domestic spirits. The European Communities cites a number of specific measures under the regime in its request. The European Communities considers that these measures are inconsistent with the Philippines' obligations under GATT 1994 in particular Article III:2. On 10 August 2009 the United States requested to join the consultations. Subsequently the Philippines informed the DSB that it had accepted the request of the United States to join the consultations.
European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
On 31 July 2009 China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti–Dumping Regulation) which provides that in case of imports from non-market economy countries the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision.
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - 2011
On 1 February 2010 Viet Nam requested consultations with the United States concerning a number of anti-dumping measures on certain frozen warmwater shrimp from Viet Nam. In addition to several administrative and new shipper reviews the request for consultations concerns several US laws regulations administrative proceedings and practices including zeroing. Viet Nam considers that these measures are inconsistent with the United States' obligations under: - Articles I II VI:1 and VI:2 of the GATT 1994; - several provisions of the Anti-Dumping Agreement; - Article XVI:4 of the WTO Agreement; and - Viet Nam's Protocol of Accession.
China - Measures Related to the Exportation of Various Raw Materials
On 23 June 2009 the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials. The United States cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines
On 7 February 2008 the Philippines requested consultations with Thailand concerning a number of Thai fiscal and customs measures affecting cigarettes from the Philippines. Such measures include Thailand's customs valuation practices excise tax health tax TV tax VAT regime retail licensing requirements and import guarantees imposed upon cigarette importers. The Philippines claims that Thailand administers these measures in a partial and unreasonable manner and thereby violates Article X:3(a) of the GATT 1994.
European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft
On 6 October 2004 the United States requested consultations with the Governments of Germany France the United Kingdom and Spain (the “member States”) and with the European Communities (“EC”) concerning measures affecting trade in large civil aircraft.
United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint)
On 27 June 2005 the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a) 3.1(b) 3.2 5(a) 5(c) 6.3(a) 6.3(b) and 6.3(c) of the SCM Agreement; and - Article III:4 of the GATT 1994
United States - Anti-Dumping Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil
On 27 November 2008 Brazil requested consultations with regard to: - certain determinations of the United States Department of Commerce (USDOC) concerning the imports of certain orange juice from Brazil; - any actions taken by United States Customs and Border Protection (USCBP) to collect definitive anti-dumping duties at duty assessment rates established in periodic reviews covered by the preceding paragraph including through the issuance of USCBP liquidations instructions and notices; and - certain US laws regulations administrative procedures practices and methodologies.
United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
On 19 September 2008 China requested consultations concerning the definitive anti-dumping and countervailing duties imposed by the United States pursuant to the final anti-dumping and countervailing duty determinations and orders issued by the US Department of Commerce in several investigations. China considers that these measures which include the conduct of the underlying anti-dumping and countervailing duty investigations are inconsistent with the obligations of the United States under inter alia Articles I and VI of the GATT 1994 Articles 1 2 10 12 13 14 19 and 32 of the SCM Agreement Articles 1 2 6 9 and 18 of the Anti-Dumping Agreement and Article 15 of the Protocol on the Accession of the People's Republic of China (the Protocol of Accession).
United States - Use of Zeroing in Anti-Dumping Measures Involving Products from Korea
On 24 November 2009 Korea requested consultations with the United States regarding their use of zeroing in three anti–dumping cases involving certain products from Korea namely stainless steel plate in coils stainless steel sheet and strip in coils and diamond sawblades and parts thereof. Korea claimed that the effect of the use of zeroing by the US Department of Commerce (USDOC) in these three cases has been either to artificially create margins of dumping where none would otherwise have been found or to inflate margins of dumping. In its consultation request Korea alleged that the USDOC's use of zeroing in its final determinations amended final determinations and anti-dumping duty orders in the three cases in question was inconsistent with the United States' obligations under Article VI of GATT 1994 and Articles 1 2.1 2.4 2.4.2 and 5.8 of the Anti-Dumping Agreement. On 3 December 2009 Japan requested to join the consultations.
United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China
On 14 September 2009 China requested consultations with the United States concerning increased tariffs on certain passenger vehicle and light truck tyres (subject tyres) from China. The decision was announced on 11 September 2009 following an investigation pursuant to section 421 of the Trade Act of 1974 (19 U.S.C. 2451 et seq.). The USITC determined that there was market disruption as a result of rapidly increasing imports of subject tyres from China that were a significant cause of material injury to the domestic industry. Following a Presidential decision additional duties were imposed on subject tyres imports for a three year period in the amount of 35 per cent ad valorem in the first year 30 per cent ad valorem in the second year and 25 per cent ad valorem in the third year (the tyres measure). This measure took effect on 26 September 2009.
European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
On 31 July 2009 China requested consultations with the European Communities concerning Article 9(5) of Council Regulation (EC) No. 384/96 (the EC's Basic Anti–Dumping Regulation) which provides that in case of imports from non-market economy countries the duty shall be specified for the supplying country concerned and not for each supplier and that an individual duty will only be specified for exporters that demonstrate that they fulfil the criteria listed in that provision.
Australia - Measures Affecting the Importation of Apples from New Zealand
On 31 August 2007 New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand. On 27 March 2007 Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908 and the application of phytosanitary measures as specified in the Final import risk analysis report for apples from New Zealand November 2006”. New Zealand considers that these restrictions are inconsistent with Australia's obligations under the SPS Agreement and in particular Articles 2.1 2.2 2.3 5.1 5.2 5.3 5.5 5.6 8 and Annex C. On 13 September 2007 the European Communities requested to join the consultations. On 14 September 2007 the United States requested to join the consultations. Subsequently Australia informed the DSB that it had accepted the requests of the European Communities and the United States to join the consultations. On 6 December 2007 New Zealand requested the establishment of a panel. At its meeting on 17 December 2007 the DSB deferred the establishment of a panel.
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines
On 7 February 2008 the Philippines requested consultations with Thailand concerning a number of Thai fiscal and customs measures affecting cigarettes from the Philippines. Such measures include Thailand's customs valuation practices excise tax health tax TV tax VAT regime retail licensing requirements and import guarantees imposed upon cigarette importers. The Philippines claims that Thailand administers these measures in a partial and unreasonable manner and thereby violates Article X:3(a) of the GATT 1994.
United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
On 19 September 2008 China requested consultations concerning the definitive anti-dumping and countervailing duties imposed by the United States pursuant to the final anti-dumping and countervailing duty determinations and orders issued by the US Department of Commerce in several investigations. China considers that these measures which include the conduct of the underlying anti-dumping and countervailing duty investigations are inconsistent with the obligations of the United States under inter alia Articles I and VI of the GATT 1994 Articles 1 2 10 12 13 14 19 and 32 of the SCM Agreement Articles 1 2 6 9 and 18 of the Anti-Dumping Agreement and Article 15 of the Protocol on the Accession of the People's Republic of China (the Protocol of Accession).
United States - Certain Measures Affecting Imports of Poultry from China
On 17 April 2009 China requested consultations with the United States concerning certain measures taken by the United States affecting the import of poultry products from China. The measure primarily at issue is Section 727 of the Omnibus Appropriations Act of 2009 which effectively prohibits the establishment or implementation of any measures that would allow Chinese poultry to be imported into the United States because it denies the use of any funding by USDA for this purpose. China considers that the United States through Section 727 and any closely related measures is in violation at a minimum of Articles I:1 and XI:1 of GATT 1994 and Article 4.2 of the Agriculture Agreement. In addition China also specifies that although it does not believe that the US measure or any closely related measures at issue constitute sanitary and phytosanitary measures within the meaning of the SPS Agreement if it were demonstrated that any such measure is a SPS measure China would consider such measure also to be in violation of US obligations under various provisions of the SPS Agreement.
European Communities and its Member States - Tariff Treatment of Certain Information Technology Products
On 28 May 2008 the United States requested consultations with the European Communities and its member States with respect to their tariff treatment of certain information technology products.
Australia - Measures Affecting the Importation of Apples from New Zealand
On 31 August 2007 New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand. On 27 March 2007 Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908 and the application of phytosanitary measures as specified in the Final import risk analysis report for apples from New Zealand November 2006”. New Zealand considers that these restrictions are inconsistent with Australia's obligations under the SPS Agreement and in particular Articles 2.1 2.2 2.3 5.1 5.2 5.3 5.5 5.6 8 and Annex C. On 13 September 2007 the European Communities requested to join the consultations. On 14 September 2007 the United States requested to join the consultations. Subsequently Australia informed the DSB that it had accepted the requests of the European Communities and the United States to join the consultations. On 6 December 2007 New Zealand requested the establishment of a panel. At its meeting on 17 December 2007 the DSB deferred the establishment of a panel.