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United States - Measures Treating Exports Restraints as Subsidies
On 19 May 2000 Canada requested consultations with the US regarding certain US measures that treat a restraint on exports of a product as a subsidy to other products made using or incorporating the restricted product if the domestic price of the restricted product is affected by the restraint. The measures at issue included provisions of the Statement of Administrative Action (SAA) accompanying the Uruguay Round Agreements Act (URAA) (H.R. 5110 H.R. Doc. 316 Vol. 1 103d Cong. 2d Sess. 656 in particular at 925-926 (1994)) and the Explanation of the Final Rules US Department of Commerce Countervailing Duties Final Rule (63 Federal Register 65348 at 65349-51 (Nov. 25 1998)) interpreting section 771(5) of the Tariff Act of 1930 (19 USC. § 1677(5)) as amended by the URAA. Canada’s claims were as follows: Canada considered that these measures were inconsistent with US obligations under Articles 1.1 10 (as well as Articles 11 17 and 19 as they relate to the requirements of Article 10) and 32.1 of the SCM Agreement because these measures provide that the US will impose countervailing duties against practices that are not subsidies within the meaning of Article 1.1 of the SCM Agreement. Canada also considered that the US has failed to ensure that its laws regulations and administrative procedures are in conformity with its WTO obligations as required by Article 32.5 of the SCM Agreement and Article XVI:4 of the WTO Agreement.
Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States - Recourse 1
On 8 May 1998 the US requested consultations with Mexico in respect of an anti-dumping investigation of high-fructose corn syrup (HFCS) grades 42 and 55 from the US conducted by Mexico. The US alleged that on 27 February 1997 the Government of Mexico published a notice initiating this anti-dumping investigation on the basis of an application dated 14 January 1997 from the Mexican National Chamber of Sugar and Alcohol Producers. The US further alleged that on 23 January 1998 Mexico issued a notice of final determination of dumping and injury in that investigation and consequently imposed definitive anti-dumping measures on these imports from the United States. The US contended that the manner in which the application for an anti-dumping investigation was made as well as the manner in which a determination of threat of injury was made is inconsistent with Articles 2 3 4 5 6 7 9 10 and 12 of the Anti-Dumping Agreement.
United States - Import Prohibition of Certain Shrimp and Shrimp Products - Recourse 1
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.
United States - Transitional Safeguard Measure on Combed Cotton Yarn from Pakistan
On 3 April 2000 Pakistan requested consultations with the US in respect of a transitional safeguard measure applied by the United States as of 17 March 1999 on combed cotton yarn (United States category 301) from Pakistan (see US Federal Register of 12 March 1999 document 99-6098). In accordance with Article 6.10 of the Agreement on Textiles and Clothing (ATC) the United States had notified the TMB on 5 March 1999 that it had decided to unilaterally impose a restraint after consultations as to whether the situation called for a restraint had failed to produce a mutually satisfactory solution. In April 1999 the TMB examined the US restraint pursuant to Article 6.10 of the ATC and recommended that the US restraint should be rescinded. On 28 May 1999 in accordance with Article 8.10 of the ATC the United States notified the TMB that it considered itself unable to conform to the recommendations issued by the TMB. Despite a further recommendation of the TMB pursuant to Article 8.10 of the ATC that the United States reconsider its position the United States continued to maintain its unilateral restraint and thus the matter remained unresolved. Pakistan claimed as follows: - the transitional safeguards applied by the United States are inconsistent with the United States’ obligations under Articles 2.4 of the ATC and not justified by Article 6 of the ATC; - the US restraint does not meet the requirements for transitional safeguards set out in paragraphs 2 3 4 and 7 of Article 6 of the ATC.
United States - Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia
On 16 July 1999 New Zealand requested consultations with the US in respect of a safeguard measure imposed by the US on imports of lamb meat from New Zealand (WT/DS177). New Zealand alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports fresh chilled or frozen lamb meat effective from 22 July 1999. New Zealand contended that this measure is inconsistent with Articles 2 4 5 11 and 12 of the Agreement on Safeguards and Articles I and XIX of GATT 1994. On 23 July 1999 Australia requested consultations with the US in respect of a definitive safeguard measure imposed by the US on imports of lamb (WT/DS178). Australia alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports of fresh chilled or frozen lamb meat from Australia effective from 22 July 1999. Australia contended that this measure is inconsistent with Articles 2 3 4 5 8 11 and 12 of the Agreement on Safeguards and Articles I II and XIX of GATT 1994.
Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and H-Beams from Poland
On 6 April 1998 Poland requested consultations with Thailand concerning the imposition of final anti-dumping duties on imports of angles shapes and sections of iron or non-alloy steel and H-beams. Poland asserted that provisional anti-dumping duties were imposed by Thailand on 27 December 1996 and a final anti-dumping duty of 27.78% of CIF value for these products produced or exported by any Polish producer or exporter was imposed on 26 May 1997. Poland further asserted that Thailand refused two requests by Poland for disclosure of findings. Poland contended that these actions by Thailand violate Articles 2 3 5 and 6 of the Anti-Dumping Agreement.
European Communities - Measures Affecting Asbestos and Asbestos – Containing Products
On 28 May 1998 Canada requested consultations with the EC in respect of measures imposed by France in particular Decree of 24 December 1996 with respect to the prohibition of asbestos and products containing asbestos including a ban on imports of such goods. Canada alleged that these measures violate Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Articles III XI and XIII of GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.
European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
On 3 August 1998 India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/97 of 12 June 1997. This was followed by the imposition of definitive duties in accordance with the above-mentioned EC Council Regulation No 2398/97 of 28 November 1997.
United States - Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan
On 18 November 1999 Japan requested consultations with the United States in respect of the preliminary and final determinations of the US Department of Commerce and the US International Trade Commission on the anti-dumping investigation of Certain Hot Rolled Steel Products from Japan issued on 25 and 30 November 1998 12 February 1999 28 April 1999 and 23 June 1999. Japan considered that these determinations are erroneous and based on deficient procedures under the US Tariff Act of 1930 and related regulations. The Japanese complaint also concerned certain provisions of the Tariff Act of 1930 and related regulations. Japan claimed violations of Articles VI and X of the GATT 1994 and Articles 2 3 6 (including Annex II) 9 and 10 of the Anti-Dumping Agreement.
United States - Anti-Dumping Measures on Stainless Steel Plate in Coils and Stainless Steel Sheet and Strip from Korea
On 30 July 1999 Korea requested consultations with the US in respect of Preliminary and Final Determinations of the US’s Department of Commerce (DOC) on Stainless Steel Plate in Coils from Korea dated 4 November 1998 and 31 March 1999 respectively and Stainless Steel Sheet and Strip from Korea dated 20 January 1999 and 8 June 1999 respectively. Korea considered that several errors were made by the US in those determinations which resulted in erroneous findings and deficient conclusions as well as the imposition calculation and collection of anti-dumping margins which are incompatible with the obligation of the US under the provisions of the Anti-Dumping Agreement and Article VI of GATT 1994 and in particular but not necessarily exclusively Article 2 Article 6 and Article 12 of the Anti-Dumping Agreement. Korea believed that the US did not act in conformity with the cited provisions among others in its treatment of the following: certain US sales made to a bankrupt company; the calculation of two distinct exchange rate periods for export sales; and currency conversion for certain normal value sales made in US dollars.
United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities
On 17 March 1999 the EC requested consultations with the US in respect of definitive safeguard measures imposed by the US on imports of wheat gluten from the European Communities. The EC contended that by a Proclamation of 30 May 1998 and a Memorandum of the same date by the US President under which the US imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat gluten from the EC effective as of 1 June 1998. The EC considered these measures to be in violation of Articles 2 4 5 and 12 of the Agreement on Safeguards; Article 4.2 of the Agreement on Agriculture; and Articles I and XIX of GATT 1994.
United States - Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia
On 16 July 1999 New Zealand requested consultations with the US in respect of a safeguard measure imposed by the US on imports of lamb meat from New Zealand (WT/DS177). New Zealand alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports fresh chilled or frozen lamb meat effective from 22 July 1999. New Zealand contended that this measure is inconsistent with Articles 2 4 5 11 and 12 of the Agreement on Safeguards and Articles I and XIX of GATT 1994. On 23 July 1999 Australia requested consultations with the US in respect of a definitive safeguard measure imposed by the US on imports of lamb (WT/DS178). Australia alleged that by Presidential Proclamation under Section 203 of the US Trade Act 1974 the US imposed a definitive safeguard measure in the form of a tariff-rate quota on imports of fresh chilled or frozen lamb meat from Australia effective from 22 July 1999. Australia contended that this measure is inconsistent with Articles 2 3 4 5 8 11 and 12 of the Agreement on Safeguards and Articles I II and XIX of GATT 1994.
Argentina - Measures Affecting the Export of Bovine Hides and the Import of Finished Leather
On 24 December 1998 the European Communities requested consultations with Argentina concerning certain measures taken by Argentina on the export of bovine hides and the import of finished leather. The European Communities alleged that the de facto export prohibition on raw and semi-tanned bovine hides (which is implemented in part through the authorization granted by the Argentinian authorities to the Argentinian tanning industry to participate in customs control procedures of hides before export) is in violation of GATT Articles; XI:1 (which outlaws de jure export prohibitions and measures of equivalent effect); and X:3(a) (which requires uniform and impartial administration of laws and regulations) to the extent that personnel of the Argentinian Chamber for the tanning industry are authorized to assist Argentinian customs authorities. The European Communities also claimed that the “additional value added tax” of 9 per cent on imports of products into Argentina and the “advance turnover tax” of 3 per cent based on the price of imported goods imposed on operators when importing goods into Argentina are in violation of Article III:2 of the GATT 1994 (which prohibits tax discrimination of foreign products which are like directly competitive or substitutable to domestic products).
United States - Import Measures on Certain Products from the European Communities
On 4 March 1999 the EC requested consultations with the US in respect of the US decision effective as of 3 March 1999 to withhold liquidation on imports from the EC of a series of products together valued at over $500 million on an annual basis and to impose a contingent liability for 100% duties on each individual importation of affected products. On 2 March 1999 the arbitrators charged with determining the level of suspension of concessions requested by the United States in response to the failure by the EC to implement the recommendations of the DSB in respect of the EC’s banana regime (WT/DS27) had asked for additional data from the parties and informed the parties that they were unable to issue their report within the 60-day period envisaged by the DSU. The EC contends that the measure made effective by the US as of 3 March 1999 deprives EC imports into the United States of the products in question of the right to a duty not in excess of the rate bound in the US Schedule. The EC further contended that by requiring the deposit of a bond to cover the contingent liability for 100% duties US Customs effectively impose 100% duties on each individual importation. The EC alleged violations of Articles 3 21 22 and 23 of the DSU and Articles I II VIII and XI of GATT 1994. The EC also alleged nullification and impairment of benefits under GATT 1994 as well as the impediment of the objectives of the DSU and GATT 1994. The EC had requested urgent consultations pursuant to Article 4.8 of the DSU.
Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef
On 1 February 1999 the US requested consultations with Korea in respect of a Korean regulatory scheme that allegedly discriminates against imported beef by inter alia confining sales of imported beef to specialized stores (dual retail system) limiting the manner of its display and otherwise constraining the opportunities for the sale of imported beef. The US alleged that Korea imposes a mark-up on sales of imported beef limits import authority to certain so-called “super-groups” and the Livestock Producers Marketing Organization (“LPMO”) and provides domestic support to the cattle industry in Korea in amounts which cause Korea to exceed its aggregate measure of support as reflected in Korea’s schedule. The US contended that these restrictions apply only to imported beef thereby denying national treatment to beef imports and that the support to the domestic industry amounts to domestic subsidies that contravene the Agreement on Agriculture. The US alleged violations of Articles II III XI and XVII of GATT 1994; Articles 3 4 6 and 7 of the Agreement on Agriculture; and Articles 1 and 3 of the Import Licensing Agreement.
United States - Anti-Dumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of One Megabit or above from Korea - Recourse 1
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.
European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
On 3 August 1998 India requested consultations with the EC in respect of Council Regulation (EC) No 2398/97 of 28 November 1997 on imports of cotton-type bed-linen from India. India asserted that the EC initiated anti-dumping proceedings against imports of cotton- type bed-linen from India by publishing a notice of initiation in September 1996. Provisional anti-dumping duties were imposed by EC Council Regulation No 1069/97 of 12 June 1997. This was followed by the imposition of definitive duties in accordance with the above-mentioned EC Council Regulation No 2398/97 of 28 November 1997.
Guatemala - Definitive Anti-Dumping Measures on Grey Portland Cement from Mexico
On 5 January 1999 Mexico requested consultations with Guatemala concerning definitive anti-dumping duties imposed by the authorities of Guatemala on imports of grey Portland cement from Mexico and the proceedings leading thereto. Mexico alleged that the definitive anti-dumping measure is inconsistent with Articles 1 2 3 5 6 7 12 and 18 of the Anti-Dumping Agreement and its Annexes I and II as well as with Article VI of the GATT 1994.
Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy steel and H-Beams from Poland
On 30 June 1998 the EC requested consultations with the US in respect of the alleged imposition of countervailing duties on certain hot-rolled lead and bismuth carbon steel (leaded bars) from the UK. The EC asserted that the US imposed countervailing duties of 1.69 per cent on United Engineering Steels Ltd (UES) for the review period 1 January 1994 to 31 December 1994 and of 2.4 per cent for the review period 1 January 1995 to 20 March 1995 on the basis of subsidies which had been granted to British Steel Corporation (BSC). The EC also contended that the US imposed countervailing duties on British Steel plc (BSplc) / British Steel Engineering Steels LTD (BSES) for the review period 1 January 1996 to 31 December 1996 on the basis of subsidies granted to BSC before its privatization in 1988. The EC alleged that these impositions of countervailing duties constitute a violation of Articles 1.1(b) 10 14 and 19.4 of the Subsidies Agreement.
Canada - Term of Patent Protection
On 6 May 1999 the US requested consultations with Canada in respect of the term of protection granted to patents that were filed in Canada before 1 October 1989. The US contended that the TRIPS Agreement obligates Members to grant a term of protection for patents that runs at least until twenty years after the filing date of the underlying protection and requires each Member to grant this minimum term to all patents existing as of the date of the application of the Agreement to that Member. The US alleged that under the Canadian Patent Act the term granted to patents issued on the basis of applications filed before 1 October 1989 is 17 years from the date on which the patent is issued. The US contended that this situation is inconsistent with Articles 33 65 and 70 of the TRIPS Agreement.
European Communities - Measures Affecting Asbestos and Asbestos – Containing Products
On 28 May 1998 Canada requested consultations with the EC in respect of measures imposed by France in particular Decree of 24 December 1996 with respect to the prohibition of asbestos and products containing asbestos including a ban on imports of such goods. Canada alleged that these measures violate Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Articles III XI and XIII of GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.
United States - Anti-Dumping Act of 1916 - Complaint by the European Communities
On 10 February 1999 Japan requested consultations with the United States in respect of the US Anti-Dumping Act of 1916 15 U.S.C. 72 (1994) (“US 1916 Act”). Japan alleged that the US 1916 Act stipulates that the importation or sale of imported goods within the US market in certain circumstances is unlawful constituting a criminal offence and inviting civil liability. Japan further alleged that judicial decisions under the US 1916 Act are made without the procedural safeguards provided for in the Anti-Dumping Agreement. Japan stated that a court action had been brought under the US 1916 Act against affiliates of Japanese companies. Japan contended that the US 1916 Act is inconsistent with Articles III VI and XI of the GATT 1994 and the Anti-Dumping Agreement.
United States - Anti-Dumping Act of 1916 - Complaint by Japan
On 10 February 1999 Japan requested consultations with the United States in respect of the US Anti-Dumping Act of 1916 15 U.S.C. 72 (1994) (“US 1916 Act”). Japan alleged that the US 1916 Act stipulates that the importation or sale of imported goods within the US market in certain circumstances is unlawful constituting a criminal offence and inviting civil liability. Japan further alleged that judicial decisions under the US 1916 Act are made without the procedural safeguards provided for in the Anti-Dumping Agreement. Japan stated that a court action had been brought under the US 1916 Act against affiliates of Japanese companies. Japan contended that the US 1916 Act is inconsistent with Articles III VI and XI of the GATT 1994 and the Anti-Dumping Agreement.
Brazil - Export Financing Programme for Aircraft
On 28 August 2000 the WTO issued the dispute panel reports in the case "Brazil - Export financing programme for aircraft".
Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef
On 1 February 1999 the US requested consultations with Korea in respect of a Korean regulatory scheme that allegedly discriminates against imported beef by inter alia confining sales of imported beef to specialized stores (dual retail system) limiting the manner of its display and otherwise constraining the opportunities for the sale of imported beef. The US alleged that Korea imposes a mark-up on sales of imported beef limits import authority to certain so-called “super-groups” and the Livestock Producers Marketing Organization (“LPMO”) and provides domestic support to the cattle industry in Korea in amounts which cause Korea to exceed its aggregate measure of support as reflected in Korea’s schedule. The US contended that these restrictions apply only to imported beef thereby denying national treatment to beef imports and that the support to the domestic industry amounts to domestic subsidies that contravene the Agreement on Agriculture. The US alleged violations of Articles II III XI and XVII of GATT 1994; Articles 3 4 6 and 7 of the Agreement on Agriculture; and Articles 1 and 3 of the Import Licensing Agreement.
United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities
On 17 March 1999 the EC requested consultations with the US in respect of definitive safeguard measures imposed by the US on imports of wheat gluten from the European Communities. The EC contended that by a Proclamation of 30 May 1998 and a Memorandum of the same date by the US President under which the US imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat gluten from the EC effective as of 1 June 1998. The EC considered these measures to be in violation of Articles 2 4 5 and 12 of the Agreement on Safeguards; Article 4.2 of the Agreement on Agriculture; and Articles I and XIX of GATT 1994.
Brazil - Export Financing Programme for Aircraft - Recourse 1
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 - Recourse 1
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.
United States - Import Measures on Certain Products from the European Communities
On 4 March 1999 the EC requested consultations with the US in respect of the US decision effective as of 3 March 1999 to withhold liquidation on imports from the EC of a series of products together valued at over $500 million on an annual basis and to impose a contingent liability for 100% duties on each individual importation of affected products. On 2 March 1999 the arbitrators charged with determining the level of suspension of concessions requested by the United States in response to the failure by the EC to implement the recommendations of the DSB in respect of the EC’s banana regime (WT/DS27) had asked for additional data from the parties and informed the parties that they were unable to issue their report within the 60-day period envisaged by the DSU. The EC contends that the measure made effective by the US as of 3 March 1999 deprives EC imports into the United States of the products in question of the right to a duty not in excess of the rate bound in the US Schedule. The EC further contended that by requiring the deposit of a bond to cover the contingent liability for 100% duties US Customs effectively impose 100% duties on each individual importation. The EC alleged violations of Articles 3 21 22 and 23 of the DSU and Articles I II VIII and XI of GATT 1994. The EC also alleged nullification and impairment of benefits under GATT 1994 as well as the impediment of the objectives of the DSU and GATT 1994. The EC had requested urgent consultations pursuant to Article 4.8 of the DSU.
United States - Section 110(5) of the US Copyright Act
On 26 January 1999 the European Communities requested consultations with the United States in respect of Section 110(5) of the US Copyright Act as amended by the Fairness in Music Licensing Act which was enacted on 27 October 1998. The European Communities contended that Section 110(5) of the US Copyright Act permits under certain conditions the playing of radio and television music in public places (bars shops restaurants etc.) without the payment of a royalty fee. The European Communities considered that this statute is inconsistent with US obligations under Article 9(1) of the TRIPS Agreement which requires Members to comply with Articles 1-21 of the Berne Convention. The dispute centred on the compatibility of two exemptions provided for in Section 110(5) of the US Copyright Act with Article 13 of the TRIPS Agreement which allows certain limitations or exceptions to exclusive rights of copyright holders subject to the condition that such limitations are confined to certain special cases do not conflict with a normal exploitation of the work in question and do not unreasonably prejudice the legitimate interests of the right holder: The so-called “business” exemption provided for in sub-paragraph (B) of Section 110(5) essentially allows the amplification of music broadcasts without an authorization and a payment of a fee by food service and drinking establishments and by retail establishments provided that their size does not exceed a certain square footage limit. It also allows such amplification of music broadcasts by establishments above this square footage limit provided that certain equipment limitations are met. The so-called “homestyle” exemption provided for in sub-paragraph (A) of Section 110(5) allows small restaurants and retail outlets to amplify music broadcasts without an authorization of the right holders and without the payment of a fee provided that they use only homestyle equipment (i.e. equipment of a kind commonly used in private homes).
Canada - Certain Measures Affecting the Automotive Industry
On 3 July 1998 Japan requested consultations with Canada in respect of measures being taken by Canada in the automotive industry. Japan contended that under Canadian legislation implementing an automotive products agreement (Auto Pact) between the US and Canada only a limited number of motor vehicle manufacturers are eligible to import vehicles into Canada duty free and to distribute the motor vehicles in Canada at the wholesale and retail distribution levels. Japan further contended that this duty-free treatment is contingent on two requirements: Canadian value-added (CVA) content requirement that applies to both goods and services; and manufacturing and sales requirement. Japan alleges that these measures are inconsistent with Articles I:1 III:4 and XXIV of GATT 1994 Article 2 of the TRIMs Agreement Article 3 of the SCM Agreement and Articles II VI and XVII of GATS.
United States - Anti-Dumping Act of 1916 - Complaint by Japan
On 10 February 1999 Japan requested consultations with the United States in respect of the US Anti-Dumping Act of 1916 15 U.S.C. 72 (1994) (“US 1916 Act”). Japan alleged that the US 1916 Act stipulates that the importation or sale of imported goods within the US market in certain circumstances is unlawful constituting a criminal offence and inviting civil liability. Japan further alleged that judicial decisions under the US 1916 Act are made without the procedural safeguards provided for in the Anti-Dumping Agreement. Japan stated that a court action had been brought under the US 1916 Act against affiliates of Japanese companies. Japan contended that the US 1916 Act is inconsistent with Articles III VI and XI of the GATT 1994 and the Anti-Dumping Agreement.
United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom
On 30 June 1998 the EC requested consultations with the US in respect of the alleged imposition of countervailing duties on certain hot-rolled lead and bismuth carbon steel (leaded bars) from the UK. The EC asserted that the US imposed countervailing duties of 1.69 per cent on United Engineering Steels Ltd (UES) for the review period 1 January 1994 to 31 December 1994 and of 2.4 per cent for the review period 1 January 1995 to 20 March 1995 on the basis of subsidies which had been granted to British Steel Corporation (BSC). The EC also contended that the US imposed countervailing duties on British Steel plc (BSplc) / British Steel Engineering Steels LTD (BSES) for the review period 1 January 1996 to 31 December 1996 on the basis of subsidies granted to BSC before its privatization in 1988. The EC alleged that these impositions of countervailing duties constitute a violation of Articles 1.1(b) 10 14 and 19.4 of the Subsidies Agreement.
Canada - Measures Affecting the Export of Civilian Aircraft - Recourse 1
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.
Brazil - Export Financing Programme for Aircraft - Recourse 1
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 - Term of Patent Protection
On 6 May 1999 the US requested consultations with Canada in respect of the term of protection granted to patents that were filed in Canada before 1 October 1989. The US contended that the TRIPS Agreement obligates Members to grant a term of protection for patents that runs at least until twenty years after the filing date of the underlying protection and requires each Member to grant this minimum term to all patents existing as of the date of the application of the Agreement to that Member. The US alleged that under the Canadian Patent Act the term granted to patents issued on the basis of applications filed before 1 October 1989 is 17 years from the date on which the patent is issued. The US contended that this situation is inconsistent with Articles 33 65 and 70 of the TRIPS Agreement.
Korea - Measures Affecting Government Procurement
On 16 February 1999 the US requested consultations with Korea in respect of certain procurement practices of the Korean Airport Construction Authority (KOACA) and other entities concerned with the procurement of airport construction in Korea. The US claimed that such practices were inconsistent with Korea’s obligations under the Agreement on Government Procurement (GPA). These include practices relating to qualification for bidding as a prime contractor domestic partnering and the absence of access to challenge procedures that are in breach of the GPA. The US contended that KOACA and the other entities are within the scope of Korea’s list of central government entities as specified in Annex 1 of Korea’s obligations in Appendix I of the GPA and pursuant to Article I(1) of the GPA apply to the procurement of airport construction.
United States - Anti-Dumping Act of 1916 - Complaint by the European Communities
On 9 June 1988 the European Communities requested consultations with the United States in respect of the alleged failure of the United States to repeal its Anti-Dumping Act of 1916. The European Communities contended that the US Anti-Dumping Act of 1916 is still in force and is applicable to the import and internal sale of any foreign product irrespective of its origin including products originating in countries which are WTO Members. The European Communities also alleged that the 1916 Act exists in the US statute books in parallel with the Tariff Act of 1930 as amended which includes the US implementing legislation of multilateral Anti-Dumping provisions. The European Communities alleged violations of Articles III:4 VI:1 and VI:2 of the GATT 1994 Article XVI:4 of the WTO Agreement and Articles 1 2 3 4 and 5 of the Anti-Dumping Agreement.
Canada - Patent Protection of Pharmaceutical Products
On 19 December 1997 the EC requested consultations with Canada in respect of the alleged lack of protection of inventions by Canada in the area of pharmaceuticals under the relevant provisions of the Canadian implementing legislation in particular the Patent Act. The EC alleged that Canada’s legislation is not compatible with its obligations under the TRIPS Agreement because it does not provide for the full protection of patented pharmaceutical inventions for the entire duration of the term of protection envisaged by Articles 27.1 28 and 33 of the TRIPS Agreement.
United States - Tax Treatment for "Foreign Sales Corporations"
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
Australia - Measures Affecting Importation of Salmon - Recourse 1
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.
Canada - Certain Measures Affecting the Automotive Industry
On 3 July 1998 Japan requested consultations with Canada in respect of measures being taken by Canada in the automotive industry. Japan contended that under Canadian legislation implementing an automotive products agreement (Auto Pact) between the US and Canada only a limited number of motor vehicle manufacturers are eligible to import vehicles into Canada duty free and to distribute the motor vehicles in Canada at the wholesale and retail distribution levels. Japan further contended that this duty-free treatment is contingent on two requirements: Canadian value-added (CVA) content requirement that applies to both goods and services; and manufacturing and sales requirement. Japan alleges that these measures are inconsistent with Articles I:1 III:4 and XXIV of GATT 1994 Article 2 of the TRIMs Agreement Article 3 of the SCM Agreement and Articles II VI and XVII of GATS.
Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States
On 8 May 1998 the US requested consultations with Mexico in respect of an anti-dumping investigation of high-fructose corn syrup (HFCS) grades 42 and 55 from the US conducted by Mexico. The US alleged that on 27 February 1997 the Government of Mexico published a notice initiating this anti-dumping investigation on the basis of an application dated 14 January 1997 from the Mexican National Chamber of Sugar and Alcohol Producers. The US further alleged that on 23 January 1998 Mexico issued a notice of final determination of dumping and injury in that investigation and consequently imposed definitive anti-dumping measures on these imports from the United States. The US contended that the manner in which the application for an anti-dumping investigation was made as well as the manner in which a determination of threat of injury was made is inconsistent with Articles 2 3 4 5 6 7 9 10 and 12 of the Anti-Dumping Agreement.
Australia - Subsidies Provided to Producers and Exporters of Automotive Leather - Recourse 1
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.
United States - Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom
On 30 June 1998 the EC requested consultations with the US in respect of the alleged imposition of countervailing duties on certain hot-rolled lead and bismuth carbon steel (leaded bars) from the UK. The EC asserted that the US imposed countervailing duties of 1.69 per cent on United Engineering Steels Ltd (UES) for the review period 1 January 1994 to 31 December 1994 and of 2.4 per cent for the review period 1 January 1995 to 20 March 1995 on the basis of subsidies which had been granted to British Steel Corporation (BSC). The EC also contended that the US imposed countervailing duties on British Steel plc (BSplc) / British Steel Engineering Steels LTD (BSES) for the review period 1 January 1996 to 31 December 1996 on the basis of subsidies granted to BSC before its privatization in 1988. The EC alleged that these impositions of countervailing duties constitute a violation of Articles 1.1(b) 10 14 and 19.4 of the Subsidies Agreement.
United States - Sections 301-310 of the Trade Act of 1974
On 25 November 1998 the EC requested consultations with the US in respect of Title III chapter 1 (sections 301-310) of the US Trade Act of 1974 (the Trade Act) as amended and in particular sections 306 and 305 of this Act.
Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products
On 12 August 1997 the EC requested consultations with Korea in respect of a definitive safeguard measure imposed by Korea on imports of certain dairy products. The EC contended that under the provisions of different governmental measures Korea has imposed a safeguard measure in the form of an import quota on imports of certain dairy products. The EC considered that this measure is in violation of Articles 2 4 5 and 12 of the Agreement on Safeguard Measures as well as a violation of Article XIX of GATT 1994.
Argentina - Safeguard Measures on Imports of Footwear
On 10 November 2000 the EC requested consultations with the US concerning the continued application by the United States of countervailing duties on a number of products. In particular the EC claimed that the application of the “same person” methodology by the US and the continued imposition of duties based on it are in breach of Articles 10 19 and 21 of the SCM Agreement because there is no proper determination of a benefit to the producer of the goods under investigation as required by Article 1.1(b) of the SCM Agreement. The EC included in this request for consultations 14 US countervailing duty orders1 where this “same person” methodology was applied. All these cases involve alleged non-recurring subsidies granted to firms prior to a change of ownership.
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.
European Communities - Measures Affecting Butter Products
On 3 May 1995 the US requested consultations with Korea in respect of requirements imposed by Korea on imports from the US which had the effect of restricting imports. The US alleged violations of Articles III and XI of GATT Articles 2 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Article 4 of the Agreement on Agriculture.
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).
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.
United States - Tax Treatment for "Foreign Sales Corporations"
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
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.
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.
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.
European Communities - Measures Concerning Meat and Meat Products (Hormones) - Original Complaint by Canada
On 12 July 1999 the WTO issued the dispute panel reports in the case "European Communities - Measures concerning meat and meat products (hormones) - Original complaint by Canada".
European Communities - Measures Concerning Meat and Meat Products (Hormones) - Original Complaint by the United States
On 12 July 1999 the WTO issued the dispute panel reports in the case "European Communities - Measures concerning meat and meat products (hormones) - Original complaint by the United States".
Argentina - Safeguard Measures on Imports of Footwear
On 10 November 2000 the EC requested consultations with the US concerning the continued application by the United States of countervailing duties on a number of products. In particular the EC claimed that the application of the “same person” methodology by the US and the continued imposition of duties based on it are in breach of Articles 10 19 and 21 of the SCM Agreement because there is no proper determination of a benefit to the producer of the goods under investigation as required by Article 1.1(b) of the SCM Agreement. The EC included in this request for consultations 14 US countervailing duty orders1 where this “same person” methodology was applied. All these cases involve alleged non-recurring subsidies granted to firms prior to a change of ownership;
Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products
On 12 August 1997 the EC requested consultations with Korea in respect of a definitive safeguard measure imposed by Korea on imports of certain dairy products. The EC contended that under the provisions of different governmental measures Korea has imposed a safeguard measure in the form of an import quota on imports of certain dairy products. The EC considered that this measure is in violation of Articles 2 4 5 and 12 of the Agreement on Safeguard Measures as well as a violation of Article XIX of GATT 1994.
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.
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.
European Communities - Customs Classification of Certain Computer Equipment
Complaints by the United States. These are in respect of the alleged reclassification by the European Communities for tariff purposes of certain Local Area Network (LAN) adapter equipment and personal computers with multimedia capability. The US alleged that these measures violate Article II of GATT 1994.
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.
Japan - Measures Affecting Consumer Photographic Film and Paper
On 13 June 1996 the United States requested consultations with Japan concerning Japan’s laws regulations and requirements affecting the distribution offering for sale and internal sale of imported consumer photographic film and paper. The US alleged that: the Japanese Government treated imported film and paper less favourably through these measures in violation of GATT Articles III and X. These measures nullify or impair benefits accruing to the US (a non-violation claim).
Argentina - Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items
On 4 October 1996 the US requested consultations with Argentina concerning the imposition of specific duties on these items in excess of the bound rate and other measures by Argentina. The US contended that these measures violate Articles II VII VIII and X of GATT 1994 Article 2 of the TBT Agreement Article 1 to 8 of the Agreement on the Implementation of Article VII of GATT 1994 and Article 7 of the Agreement on Textiles and Clothing.
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.
European Communities - Customs Classification of Certain Computer Equipment
Complaints by the United States. These are in respect of the alleged reclassification by the European Communities for tariff purposes of certain Local Area Network (LAN) adapter equipment and personal computers with multimedia capability. The US alleged that these measures violate Article II of GATT 1994.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 28 June 1996 Canada requested consultations with the European Communities regarding the importation of livestock and meat from livestock that have been treated with certain substances having a hormonal action under Article XXII of the GATT 1994 and the corresponding provisions in the SPS Agreement TBT Agreement and the Agreement on Agriculture. Canada alleges violation of Articles 2 3 and 5 of the SPS Agreement; Article III or XI of the GATT 1994; Article 2 of the TBT Agreement; and Article 4 of the Agreement on Agriculture.
India - Patent Protection for Pharmaceutical and Agricultural Chemical 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.
Argentina - Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items
On 4 October 1996 the US requested consultations with Argentina concerning the imposition of specific duties on these items in excess of the bound rate and other measures by Argentina. The US contended that these measures violate Articles II VII VIII and X of GATT 1994 Article 2 of the TBT Agreement Article 1 to 8 of the Agreement on the Implementation of Article VII of GATT 1994 and Article 7 of the Agreement on Textiles and Clothing.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
Complaints by Ecuador Guatemala Honduras Mexico and the United States. The complainants in this case other than Ecuador had requested consultations with the European Communities on the same issue on 28 September 1995 (DS16). After Ecuador’s accession to the WTO the current complainants again requested consultations with the European Communities on 5 February 1996. The complainants alleged that the European Communities’ regime for importation sale and distribution of bananas is inconsistent with Articles I II III X XI and XIII of the GATT 1994 as well as provisions of the Import Licensing Agreement the Agreement on Agriculture the TRIMs Agreement and the GATS.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
Complaints by Ecuador Guatemala Honduras Mexico and the United States. The complainants in this case other than Ecuador had requested consultations with the European Communities on the same issue on 28 September 1995 (DS16). After Ecuador’s accession to the WTO the current complainants again requested consultations with the European Communities on 5 February 1996. The complainants alleged that the European Communities’ regime for importation sale and distribution of bananas is inconsistent with Articles I II III X XI and XIII of the GATT 1994 as well as provisions of the Import Licensing Agreement the Agreement on Agriculture the TRIMs Agreement and the GATS.
India - Patent Protection for Pharmaceutical and Agricultural Chemical 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.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 26 January 1996 the United States requested consultations with the European Communities claiming that measures taken by the EC under the Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action restrict or prohibit imports of meat and meat products from the United States and are apparently inconsistent with Articles III or XI of the GATT 1994 Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Article 4 of the Agreement on Agriculture.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 28 June 1996 Canada requested consultations with the European Communities regarding the importation of livestock and meat from livestock that have been treated with certain substances having a hormonal action under Article XXII of the GATT 1994 and the corresponding provisions in the SPS Agreement TBT Agreement and the Agreement on Agriculture. Canada alleges violation of Articles 2 3 and 5 of the SPS Agreement; Article III or XI of the GATT 1994; Article 2 of the TBT Agreement; and Article 4 of the Agreement on Agriculture.
Canada - Certain Measures Concerning Periodicals
On 11 March 1996 the United States requested consultations with Canada concerning certain measures prohibiting or restricting the importation into Canada of certain periodicals. The US claimed that the measures are in contravention of GATT Article XI. The US further alleged that the tax treatment of so-called “split-run” periodicals and the application of favourable postage rates to certain Canadian periodicals are inconsistent with GATT Article III.
United States - Measure Affecting Imports of Woven Wool Shirts and Blouses from India
On 30 December 1994 India requested consultations with the United States concerning the transitional safeguard measure imposed by the United States. India claimed that the safeguard measure is inconsistent with Articles 2 6 and 8 of the ATC.
Canada - Certain Measures Concerning Periodicals
On 11 March 1996 the United States requested consultations with Canada concerning certain measures prohibiting or restricting the importation into Canada of certain periodicals. The US claimed that the measures are in contravention of GATT Article XI. The US further alleged that the tax treatment of so-called “split-run” periodicals and the application of favourable postage rates to certain Canadian periodicals are inconsistent with GATT Article III.
Brazil - Measures Affecting Desiccated Coconut
On 27 November 1995 the Philippines requested consultations with Brazil in respect of a countervailing duty imposed by Brazil on the Philippine’s exports of desiccated coconut. The Philippines claimed that this duty was inconsistent with WTO and GATT rules.
United States - Restrictions on Imports of Cotton and Man-Made Fibre Underwear
On 22 December 1995 Costa Rica requested consultations with the United States concerning US restrictions on textile imports from Costa Rica. Costa Rica alleged that these restrictions were in violation of the ATC agreement.