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Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products - Recourse 1
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.
The Impact of Transparency on Foreign Direct Investment
Non-transparency is a term given in this paper to a set of government policies that increase the risk and uncertainty faced by economic actors foreign investors. This increase in risk and uncertainty stems from the presence of bribery and corruption unstable economic policies weak and poorly enforced property rights and inefficient government institutions. Our empirical analysis shows that the degree of non-transparency is an important factor in a country's attractiveness to foreign investors. High levels of non-transparency can greatly retard the amount of foreign investment that a country might otherwise expect. The simulation exercise presented in the statistical part of this paper reveals that on average a country could expect 40 percent increase in FDI from a one point increase in their transparency ranking. Pari passu non-transparent policies translate into lower levels of FDI and hence lower levels of welfare and efficiency in the host country's economy. A nation that takes steps to increase the degree of transparency in its policies and institutions could expect significant increases in the level of foreign investment into their country. This increased investment translates into more resources which in turn increases social welfare and economic efficiency.
United States - Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea
On 13 June 2000 Korea requested consultations with the United States in respect of the definitive safeguard measure imposed by the United States on imports of circular welded carbon quality line pipe (line pipe). Korea noted that on 18 February 2000 the United States proclaimed a definitive safeguard measure on imports of line pipe (subheadings 7306.10.10 and 7306.10.50 of the Harmonized Tariff Schedule of the United States). In that proclamation the United States announced that the proposed date of introduction of the measure was 1 March 2000 and that the measure was expected to remain in effect for 3 years and 1 day. Korea considered that the US procedures and determinations that led to the imposition of the safeguard measure as well as the measure itself contravened various provisions contained in the Safeguards Agreement and the GATT 1994. In particular Korea considers that the measure is inconsistent with the United States’ obligations under Articles 2 3 4 5 11 and 12 of the Safeguards Agreement; and Articles I XIII and XIX of the GATT 1994.
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.
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 - 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.
Argentina - Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
On 26 January 2000 the EC requested consultations with Argentina in respect of Argentina’s definitive anti-dumping measures on imports of ceramic floor tiles from Italy imposed on 12 November 1999. The EC claimed that the Argentinian investigating authority without justification disregarded all the information on normal value and on export prices provided by the exporters included in the sample; failed to calculate an individual dumping margin for each of the exporters included in the sample; failed to make due allowance for the differences in physical characteristics between the models exported to Argentina and those sold in Italy; and failed to inform the Italian exporters of the essential facts concerning the existence of dumping which formed the basis for the decision whether to apply definitive measures. The EC considered that the anti-dumping measures in question were inconsistent with Articles 2.4 6.8 in conjunction with Annex II 6.9 and 6.10 of the Anti-Dumping Agreement.
Can Trade Policy Help Mobilize Financial Resources for Economic Development?
The linkages between trade and resource mobilization are complex and not well defined in theory. To what extent does trade policy affect resource mobilization and what are the mechanisms? We argue that trade policy is a key factor of influencing the domestic fundamental balance between aggregate savings and investment. The main effect of trade policy on resource mobilization stems from its contribution to static and dynamic gains from trade. But the effect of trade policy on the supply of financial resources also operates through several channels including through linkages of trade policy with foreign investment government revenues income distribution foreign aid. The paper looks at direct and indirect channels and makes a distinction between short and long term effects of different trade strategies. We also briefly review trade barriers in goods and services affecting developing countries and the potential gains from further liberalization. The long term gains from trade liberalization are substantial but they may have to be set against short-term adjustments costs. The latter could and should be reduced by effective institutional and tax reforms.
United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
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.
United States - Section 211 Omnibus Appropriations Act of 1998
On 8 July 1999 the European Communities requested consultations with the United States in respect of Section 211 of the US Omnibus Appropriations Act. The EC and its member States alleged as follows: - Section 211 which was signed into law on 21 October 1998 did not allow the registration or renewal in the United States of a trademark if it was previously abandoned by a trademark owner whose business and assets have been confiscated under Cuban law. - This law provided that no US court shall recognize or enforce any assertion of such rights. - Section 211 US Omnibus Appropriations Act was not in conformity with the US’ obligations under the TRIPS Agreement notably its Article 2 in conjunction with the Paris Convention Article 3 Article 4 Articles 15 to 21 Article 41 Article 42 and Article 62
Investment Policies and Telecommunications Regimes
The revolution in the telecommunication industry of recent years raises a number of interesting economic questions with significant policy implications. One of these questions is the extent to which foreign investments in the telecommunication industry is accompanied by policies that are conducive to cross–border investments. These policies can be both domestic and international. The discussion in this paper is limited to the latter by concentrating on the role of the WTO and other international agreements. The purpose of the paper is to evaluate the GATS/Telecom Agreement. This is done by looking at the guiding principles for negotiating market access for foreign investors by comparing the Agreement with the Telecom Agreement under NAFTA and by discussing the merits of the multilateral approach to negotiating foreign investment in the telecommunication sector. The WTO GATS/Telecom Agreement comes out rather well from this evaluation exercise.
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.d 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.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products - Recourse 1
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 - 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.
Overview of developments in the international trading environment
For the WTO the year 2000 was one of stiff challenge and significant opportunity. Stiff challenge due to the events that took place at the Third Ministerial Conference in November 1999 -the failure of the WTO Members to reach a consensus on the launch of a new round of multilateral negotiations against a background of highly-publicized "anti-globalization" demonstrations in the streets of Seattle - but significant opportunity to effect the changes necessary to better meet the needs of the WTO Members and thereby strengthen the foundations of the trading system.