WORLD TRADE  
ORGANIZATION  WT/DSB/37 
3 December 2004 
 (04-5272) 
  
  
DISPUTE SETTLEMENT BODY 
 
Annual Report (2004
)1 
 
  The present report has been prepared in pursu ance of the Procedures for an Annual Overview 
of WTO Activities and for Reporting under the WT O (WT/L/105), and sets out the actions taken by 
the Dispute Settlement Body (DSB) in the period since its previous annual report.
2   
  In carrying out its tasks, the DSB has held  19 meetings since the period covered by the 
previous report.  The minutes of these meetings, wh ich remain the record of the DSB's work, are 
contained in documents WT/DSB/M/160 – WT/DSB/M/178
3 and should be read in conjunction with 
this report.   The following subjects are included in the report:  
Page
 
1. Election of Chairperson........................................................................................................ ....3 
2. Amendments to the Working Procedures for Appellate Review .............................................3  
3. Indicative list of governmental and non-governmental panelists.........................................4  
4. Adoption of the 2004 draft Annual Report of the DSB .........................................................4  
5. Recourse to dispute se ttlement procedures ............................................................................5  
(a) Canada ......................................................................................................................... ...............5  
(i) Measures relating to exports of whea t and treatment of imported grain ...................................5  
(b) Dominican Republic ............................................................................................................. ......5  
(i) Measures affecting the importation a nd internal sale of cigarettes ...........................................5  
(c) European Communities........................................................................................................... ....6 
(i) Conditions for the granting of tariff preferences to developing countries..................................6  
(ii) Countervailing measures on dynamic random access memory chips from Korea .....................6  
(iii) Measures affecting trade in commercial vessels.........................................................................7  
(d) Japan .......................................................................................................................... .................7  
(i) Measures affecting the importation of apples.............................................................................7  
(e) Korea.......................................................................................................................... .................8  
(i) Anti-dumping duties on imports of certain paper from Indonesia..............................................8  
                                                      
1 The overview of the state of play  of WTO disputes since 1 January 1995 to 31 October 2004 prepared 
by the Secretariat on its own responsibility is included, fo r practical purposes, in an Addendum to this report. 
2 WT/DSB/34 and 35. 
3 The present report includes meetings of the DSB starting from the 10 December 2003 DSB meeting 
until 24 and 26 November 2004 DSB meeting. WT/DSB/37 
Page 2  
 
(f)
 Mexico ......................................................................................................................... ...............9  
(i) Measures affecting teleco mmunications services .......................................................................9  
(ii) Tax measures on soft drin ks and other beverages ......................................................................9  
(g) United States .................................................................................................................. ...........10  
(i) Anti-dumping measures on certain hot-ro lled steel products from Japan................................10  
(ii) Continued Dumping and Subsid y Offset Act of 2000................................................................10  
(iii) Countervailing duty investigation on dynamic random access memory 
semiconductors (DRAMS) from Korea .....................................................................................11  
(iv) Countervailing measures concerning certai n products from the European 
Communities .................................................................................................................... .........11  
(v) Definitive safeguard measures on imports of certain steel products........................................12  
(vi) Determination of the International Trade Commission in hard red spring wheat from 
Canada......................................................................................................................... .............12  
(vii) Final countervailing duty determination with respect to certain softwood lumber from 
Canada......................................................................................................................... .............13  
(viii) Final dumping determination on  softwood lumber from Canada.............................................13  
(ix) Investigation of the International Trade Commission in softwood lumber from 
Canada......................................................................................................................... .............14  
(x) Laws, regulations and methodology for calc ulating dumping margins ("zeroing").................14  
(xi) Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat 
products from Japan ............................................................................................................ .....15  
6. Surveillance of implementation of recommendations adopted by the DSB.......................15  
(a) Chile.......................................................................................................................... ................15  
(i) Price band system and safeguard measures relati ng to certain agricultural products............15  
(b) United States .................................................................................................................. ...........16  
(i) Anti-Dumping Act of 1916 ....................................................................................................... .16 
(ii) Anti-dumping measures on certain hot-ro lled steel products from Japan................................18  
(iii) Continued Dumping and Subsid y Offset Act of 2000................................................................20  
(iv) Final countervailing duty determination with respect to certain softwood lumber from 
Canada......................................................................................................................... .............22  
(v) Section 110(5) of the US Copyright Act....................................................................................22  
(vi) Section 211 Omnibus Appropr iations Act of 1998....................................................................22  
7. Other matters raised und er "Other Business" ....................................................................24  
(a) Argentina – Definitive safeguard measure on imports of preserved peaches:  
Statement by Argentina......................................................................................................... ....24  
(b) Mexico – Measures affecting the import of matches:  Statement by Mexico...........................24  
(c) United States – Anti-Dumping Act of 1916:  Statement by the United States .........................25  
(d) European Communities – Anti-dumping duties on malleable cast iron tube or pipe 
fittings from Brazil:  Statement by Brazil.................................................................................25   WT/DSB/37 
 Page 3 
 
 
(e) United States – Countervailing duties on certain corrosion-resistant carbon steel flat products from Germany:  Statem ent by the United States........................................................25
 
(f) Chile – Price band system and safeguard measures relating to certain agricultural 
products:  Statement by Argentina............................................................................................25  
(g) United States – Section 110(5) of the US Co pyright Act:  Statement by the European 
Communities.................................................................................................................... .........25  
(h) United States – Tax treatment for "Foreign Sales Corporations":  Statement by the 
United States regarding the implementa tion of the DSB's recommendations and 
rulings ........................................................................................................................ ...............26  
 
 
1. Election of Chairperson (WT/DSB/M/165) 
 At its meeting on 17 February and 19 March 2004 , the DSB elected Amb. Amina Mohamed 
(Kenya) as Chairperson of the DSB by acclamation.  
 The outgoing and the incoming Chairpersons spoke. 
  The representatives of Argentina, Canada, Chile , Cuba, Djibouti, the European Communities, 
India, Japan, Korea and the United States thanked the outgoing Chairperson and welcomed the newly-
elected Chairperson.  
 The DSB took note of the statements. 
 
2. Amendments to the Working Procedures for Appellate Review (WT/DSB/M/167, 169, 171, 
177) 
 At the DSB meeting on 20 April 2004
, the Chairperson made a statement concerning a 
communication from the Appellate Body rega rding the proposed amendments to the Working 
Procedures for Appellate Review  (WT/AB/WP/8).  The Chairperson informed delegations that, in 
accordance with Article 17.9 of the DSU and the DSB's Decision of 19 December 2002 
(WT/DSB/31), the matter would be placed on the ag enda of the next regular DSB meeting scheduled 
for 19 May in order to enable Members to express their views on the proposed amendments.  She also 
indicated that she was ready, if Members so wish ed, to hold an informal open-ended consultation on 
this subject, if necessary. 
  The DSB took note of the statement.   At the DSB meeting on 19 May 2004
, the Chairperson invited Members to provide their 
views on the proposed amendments to the Working Procedures for Appellate Review  as set out in 
document WT/AB/WP/8.   The representatives of the United States, th e European Communities, Argentina, Canada, 
Brazil, Japan, India, Thailand, Colombia, Norway, Australia, Malaysia, Chile, China, Korea, Israel, 
New Zealand and Hong Kong China, as well as the representative of the Appellate Body Secretariat  
and the Chairperson spoke. 
  The DSB took note of the statements and agr eed that the views expressed by Members on this 
matter would be duly conveyed to th e Appellate Body.  It was also ag reed that, as requested by some 
delegations, an informal open-ende d meeting would be held in order to further discuss this matter. 
 WT/DSB/37 
Page 4  
 
 At the DSB meeting on 22 June 2004
, the Chairperson informed delegations that, on 
15 June 2004, she had sent out a letter to the Chairm an of the Appellate Body transmitting the record 
of the 19 May DSB meeting containing Members'  views on the proposed amendments to the Working 
Procedures for Appellate Review , as well as the written comments submitted by Members on this 
matter by the 11 June deadline.  She said that wr itten comments had been submitted by the following 
countries:  Argentina, Australia, Brazil, Canada, the European Communities, India, Japan, Mexico, 
Thailand, Turkey, the United States and Hong Kong, Ch ina.  She also stated that she had requested 
the Appellate Body to take Member s' views and comments into account. 
  The DSB took note of the statement. 
 
 At the DSB meeting on 18 October 2004
, the Chairperson drew Members' attention to a 
communication from the Appellate Body concerning amendments to the Working Procedures for 
Appellate Body Review  (WT/AB/WP/W/9).  She said that, as specified in that communication, having 
taken into account the comments provided by delega tions on the proposed amendments, as set out in 
WT/AB/WP/8, and having completed consultations w ith the Director-General and the Chairperson of 
the DSB, pursuant to Article 17.9 of the DSU, the Appellate Body had prepared the final version of 
these amendments.  She noted that these amendments  would come into effect for appeals initiated 
after 1 January 2005.   The DSB took note of the statement. 
 
3. Indicative list of governmental and non-governmental panelists (WT/DSB/M/165, 167, 
169, 175, 176, 178) 
 At its meeting on 17 February 2004
, the DSB approved the name s contained in document 
WT/DSB/W/251 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
  At its meeting on 20 April 2004
, the DSB approved the names contained in document 
WT/DSB/W/254 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.  
 At its meeting on 19 May 2004
, the DSB approved the names contained in document 
WT/DSB/W/257 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.   At its meeting on 31 August 2004
, the DSB approved the name contained in document 
WT/DSB/W/264 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.   At its meeting on 27 September 2004
, the DSB approved the names contained in document 
WT/DSB/W/266 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
 
 At its meeting on 24 and 26 November 2004 , the DSB approved the name contained in 
document WT/DSB/W/270 proposed for inclusio n on the indicative list, in accordance with 
Article 8.4 of the DSU.  4. Adoption of the 2004 draft Annual Report of the DSB (WT/DSB/M/178) 
At the DSB meeting on 24 and 26 November 2004
, the Chairperson submitted for adoption a 
draft text of the 2004 Annual Report of the DSB contained in WT/DSB/W/269 and Add.1.  She 
proposed that, following the adoption of the Annual Report, the Secretariat be authorized to update  WT/DSB/37 
 Page 5 
 
 
this Report under its own responsibility in order to in clude the actions taken by the DSB at the present 
meeting.  She said that the updated Annual Repor t would be submitted for consideration by the 
General Council at its meeting in December 2004. 
 
 The DSB took note of the statement and a dopted the draft Annual Report contained in 
WT/DSB/W/269 and Add.1 on the understanding that it would be further updated by the Secretariat, 
as proposed by the Chairperson.  
5. Recourse to dispute settlement procedures 
(a) Canada 
(i) Measures relating to exports of wheat and t reatment of imported grain (WT/DSB/M/176, 177) 
 In March 2003
4, the DSB agreed to establish a panel to examine the complaint by the United 
States pertaining to this matter.  In July 20035, the DSB agreed to establish a panel to examine the 
second complaint by the United States pertaining to the same matter.  In June 2004, the United States 
notified the DSB of its decision to appeal certain is sues of law and legal inte rpretations developed by 
the Panel (WT/DS276/15). 
  At its meeting on 27 September 2004
, the DSB considered the Appellate Body Report 
contained in WT/DS276/AB/R and the Panel Report  contained in WT/DS276/R pertaining to this 
matter.  
 The representatives of the United States, Canada and China spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS276/AB/R and the Panel Report contained in  WT/DS276/R, as upheld by the Appellate Body 
Report. 
 
 At the DSB meeting on 18 October 2004
, the representative of Canada informed the DSB of 
his country's intentions in respect of implementa tion of the DSB's recommendations and rulings in 
this dispute, pursuant to Article 21.3 of the DSU.   The representatives of Canada and the United States spoke. 
 
 The DSB took note of the statements and of th e information provided by Canada regarding its 
intentions in respect of implementation of the DSB's recommendations in this case. 
 (b) Dominican Republic 
(i) Measures affecting the importation and internal  sale of cigarettes (WT/DSB/M/161, 162) 
 At its meeting on 19 December 2003
, the DSB considered a request by Honduras for the 
establishment of a panel to examine its complaint concerning the measures taken by the Dominican Republic with regard to the importation a nd internal sale of cigarettes (WT/DS302/5). 
  The representatives of Honduras and the Dominican Republic spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter.  
                                                     
 
4 WT/DSB/M/146. 
5 WT/DSB/M/152. WT/DSB/37 
Page 6  
 
 At its meeting on 9 January 2004
, the DSB again considered this matter. 
  The representatives of Honduras and Dominican Republic spoke.   The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of Chile, China, the Eu ropean Communities and the United States 
reserved their third-party rights to pa rticipate in the Panel's proceedings
6. 
 
(c) European Communities 
(i) Conditions for the granting of tariff pref erences to developing countries (WT/DSB/M/167, 
169) 
 In January 20037, the DSB agreed to establish a panel to examine the complaint by India 
pertaining to this matter.  In January 2004, the European Communities notified the DSB of its 
decision to appeal certain issues of law and legal interpretations de veloped by the Panel 
(WT/DS246/7).   At its meeting on 20 April 2004
, the DSB considered the Appellate Body Report contained in 
WT/DS246/AB/R and the Panel Report contained in WT/DS246/R pertaining to this matter. 
 
 The representatives of India, the European Co mmunities, Ecuador, speaking also on behalf of 
Bolivia, Colombia, Peru and Venezuela and the repre sentative of El Salvador, speaking also on behalf 
of Guatemala, Honduras and Nicaragua as well as the re presentatives of Costa Rica, the United States, 
the Philippines, Paraguay, Brazil, Thaila nd, Malaysia, Mexico and Canada spoke. 
 
 The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS246/AB/R and the Panel Report contained in WT/DS246/R, as modified by the Appellate 
Body Report.   At the DSB meeting on 19 May 2004
, the representative of th e European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in this dispute, pursuant to Article 21.3 of the DSU. 
  The representatives of the Europ ean Communities and India spoke. 
  The DSB took note of the statements and of the information provided by the European 
Communities regarding its intentions in respect of implementation of the DSB's recommendations. 
 
(ii) Countervailing measures on dynamic r andom access memory chips from Korea 
(WT/DSB/M/163) 
 At its meeting on 23 January 2004
, the DSB considered a re quest by Korea for the 
establishment of a panel to examine its complaint with regard to the EC's countervailing measures on 
dynamic random access memory chips from Korea (WT/DS299/2). 
  The representatives of Korea and the European Communities spoke. 
 
                                                     
 
6 After the meeting, El Salvador, Guatemala and Nicaragua reserved their third-party rights to 
participate in the Panel's proceedings. 
7 WT/DSB/M/142.  WT/DSB/37 
 Page 7 
 
 
 The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of China,  Japan, Chinese Taipei and the United States reserved their 
third-party rights to participate in the Panel's proceedings. 
 
(iii) Measures affecting trade in commercial vessels (WT/DSB/M/165, 166) 
 At its meeting on 17 February 2004
, the DSB considered a request by Korea for the 
establishment of a panel to examine its complaint with  regard to the EC's measures affecting trade in 
commercial vessels (WT/DS301/3). 
 
 The representatives of Korea, the European  Communities and the United States spoke. 
  The DSB took note of the statements and agreed to revert to this matter.  
 At its meeting on 19 March 2004
, the DSB again considered this matter. 
  The representatives of Korea and the European Communities spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
 
 The representatives of China, Japan and the Unite d States reserved their third-party rights to 
participate in the Panel's proceedings.  (d) Japan 
(i) Measures affecting the importation of apples (WT/DSB/M/160, 162, 174) 
 In June 2002
8, the DSB agreed to establish a panel to examine the complaint by the United 
States pertaining to this matter.  In August 2003, Japan notified the DSB of its decision to appeal certain issues of law and legal interpreta tions developed by the Panel (WT/DS245/5). 
  At its meeting on 10 December 2003
, the DSB considered the Appellate Body Report 
contained in WT/DS245/AB/R and the Panel Report  contained in WT/DS245/R pertaining to this 
matter.   The representatives of the United States, Japan , the European Communities, New Zealand and 
Brazil spoke. 
 
 The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS245/AB/R and the Panel Report contained in  WT/DS245/R, as upheld by the Appellate Body 
Report.   At the DSB meeting on 9 January 2004
, the representative of Japan informed the DSB of 
Japan's intentions in respect of implementation of the DSB's recommendations and rulings in this 
dispute, pursuant to Article 21.3 of the DSU.   The representatives of Japan, the United St ates and the European Communities spoke. 
 
                                                     
 
8 WT/DSB/M/125. WT/DSB/37 
Page 8  
 
 The DSB took note of the statements and of the information provided by Japan regarding its intentions in respect of implementation of the DSB's recommendations.   At its meeting on 30 July 2004
, the DSB considered a request by the United States for the 
establishment of a panel to examine Japan's im plementation of the DS B's recommendations and 
rulings on this matter, pursuant to Article 21.5 of the DSU (WT/DS245/11). 
  The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter raised by the United States in document WT/DS245/11.  It 
was agreed that the Panel would ha ve standard terms of reference. 
  The representatives of Australia, the Eur opean Communities, New Zealand and Chinese 
Taipei reserved their third-party rights to  participate in the Panel's proceedings.
9 
 
 At its meeting on 30 July 2004 , the DSB considered a request  by the United States under 
Article 22.2 of the DSU for the DSB's authorization to suspend the application to Japan of tariff 
concessions or other obligations (WT/DS245/12).   The representatives of the United States and Japan spoke. 
 
 The DSB took note of the statements and it was agreed that the matte r raised by Japan in 
document WT/DS245/13 is referred to arbitrati on, as required by Article 22.6 of the DSU. 
 (e) Korea 
(i) Anti-dumping duties on imports of certain paper from Indonesia (WT/DSB/M/175, 176) 
At its meeting on 31 August 2004
, the DSB considered a re quest by Indonesia for the 
establishment of a panel to examine its complain t with regard to Korea's anti-dumping duties on 
imports of certain paper from Indonesia (WT/DS312/2). 
 The representatives of Indonesia and Korea spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 27 September 2004
, the DSB again considered this matter. 
 
 The representatives of Indonesia and Korea spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of China, the European Communities and the United States reserved their 
third-party rights to participate in the Panel's proceedings.
10 
 
                                                      
9 After the meeting, Brazil and China reserved thei r third-party rights to participate in the Panel's 
proceedings. 
10 After the meeting, Canada and Japan reserved thei r third-party rights to participate in the Panel's 
proceedings.  WT/DSB/37 
 Page 9 
 
 
(f) Mexico 
(i) Measures affecting telecommunications services (WT/DSB/M/170, 175) 
 In April 200211, the DSB agreed to establish a panel to  examine the complaint by the United 
States pertaining to this matter.  
 At its meeting on 1 June 2004
, the DSB considered the Panel Report contained in 
WT/DS204/R pertaining to this matter.   The representatives of the United States, Mexico, Japan and Canada spoke.  
 The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS204/R.   At the DSB meeting on 31 August 2004
, the representative of Mexico stated that, with the 
publication on 11 August 2004 of new international telecommunications rules, Mexico had complied 
with the first phase of the agreem ent reached with the United States with regard to compliance with 
the DSB's recommendations and rulings in the dispute:  "Mexico – Measures Affecting Telecommuniations Services".   The representatives of Mexico and the United States spoke.  
 The DSB took note of the statements. 
 
(ii) Tax measures on soft drinks and other beverages (WT/DSB/M/171, 172) 
 At its meeting on 22 June 2004
, the DSB considered a request by the United States for the 
establishment of a panel to examine its complaint with  regard to Mexico's tax measures on soft drinks 
and other beverages (WT/DS308/4). 
  The representatives of the United States and Mexico spoke.   The DSB took note of the statements and agreed to revert to this matter.  
 At its meeting on 6 July 2004
, the DSB again considered this matter. 
  The representatives of the United States and Mexico spoke.   The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of Canada, China, the European Communities, Japan and Pakistan 
reserved their third-party rights to pa rticipate in the Panel's proceedings.
12 
 
                                                      
11 WT/DSB/M/123. 
12 After the meeting, Guatemala reserved its third-part y rights to participate in the Panel's proceedings.  
Subsequently, Pakistan in dicated that it did not wish to par ticipate in the Panel's proceedings. WT/DSB/37 
Page 10  
 
(g) United States 
(i) Anti-dumping measures on certain hot-rolled st eel products from Japan (WT/DSB/M/160, 
175) 
 At its meeting on 10 December 2003
, the DSB considered a request by the United States for 
modification of the reasonable period of time in order to implement the DSB's recommendations and 
rulings in the dispute on "United States – An ti-Dumping Measures on Certain Hot-Rolled Steel 
Products from Japan" (WT/DS184/17).   The representatives of the United States and Japan spoke.  
 The DSB took note of the statements and agreed  to the request of the United States contained 
in document WT/DS184/17.   At its meeting on 31 August 2004
, the DSB considered a request by the United States for 
modification of the reasonable period of time in order to implement the DSB's recommendations and 
rulings in the dispute:  "United States – An ti-Dumping Measures on Certain Hot-Rolled Steel 
Products from Japan" (WT/DS184/18).   The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed  to the request of the United States contained 
in document WT/DS184/18. 
 
(ii) Continued Dumping and Subsidy Offset Act of 2000 (WT/DSB/M/164, 178) 
 At its meeting on 26 January 2004
, the DSB considered the requests under Article 22.2 of the 
DSU by Chile, the European Communities, India, Japan, Korea, Canada, Mexico and Brazil for the 
DSB's authorization to suspend the application to  the United States of tariff concessions or other 
obligations (WT/DS217/21;  WT/DS217/22;  WT /DS217/23;  WT/DS217/24;  WT/DS217/25;  
WT/DS234/25 and WT/DS234/26 and WT/DS217/20).   The representatives of Chile, the European Communities, India, Japan, Korea, Canada, 
Mexico, Brazil and the United States spoke. 
 
 The DSB took note of the statements and it was agreed that the matters  raised by the United 
States in documents WT/DS217/26, WT/DS217/27 , WT/DS217/28, WT/DS217/29, WT/DS217/30, 
WT/DS217/31, WT/DS234/27 and WT/DS234/28 are referred to arbitration, as required by Article 22.6 of the DSU. 
 
 At the DSB meeting on 24 and 26 November 2004
, prior to the adoption of the agenda, the 
Chairperson proposed that, in light of certain di fferences between the parties to the dispute, the 
consideration of the item related to the request s for suspension of tariff concessions and other 
obligations vis-à-vis  the United States in the Byrd Amendment dispute be postponed in order to 
enable further consultations with a view to finding a solution. 
 
 The DSB so agreed.   Subsequently, the representative of Norway made a statement regarding the Chairperson's 
proposal. 
 
 The representative of Norway, Canada, Brazil and the Chairperson spoke.   WT/DSB/37 
 Page 11 
 
 
 The DSB took note of the statements.   Following the resumption of the meeting on 26 November 2004
, the DSB considered the 
requests under Article 22.7 of the DSU by Brazil, the European Communities, India, Japan, Korea, 
Canada and Mexico for the DSB's authorization to  suspend the application to the United States of 
tariff concessions and other obligations (W T/DS217/38;  WT/DS217/39;  WT/DS217/40;  
WT/DS217/41;  WT/DS217/42;  WT/DS234/31 and WT/DS234/32).   The representatives of Brazil, the European Communities, India, Japan, Korea, Canada, 
Mexico, the United States, Chile and the Chairperson spoke. 
 
 The DSB took note of the statements.  As pr ovided in Article 22.7 of the DSU, and in 
response to the requests by Brazil, the European  Communities, India, Japan, Korea, Canada and 
Mexico contained in documents WT/DS217/38;  WT/DS217/39;  WT/DS217/40;  WT/DS217/41;  
WT/DS217/42;  WT/DS234/31 and WT/DS234/32;  the Chair proposed that the DSB agree to grant 
authorization to suspend the a pplication to the United States of tariff concessions and other 
obligations, as provided in the Decisions by  the Arbitrators contained in documents 
WT/DS217/ARB/BRA;  WT/DS217/ARB/EEC; WT /DS217/ARB/IND; WT/DS217/ARB/JPN;  
WT/DS217/ARB/KOR;  WT/DS234/ARB/CAN and WT/DS234/ARB/MEX.   The DSB so agreed. 
 
(iii) Countervailing duty investigation on dynamic random access memory semiconductors 
(DRAMS) from Korea (WT/DSB/M/163) 
 At its meeting on 23 January 2004
, the DSB considered a re quest by Korea for the 
establishment of a panel to examine its compla int with regard to the US countervailing duty 
investigation on dynamic random access me mory semiconductors (DRAMS) from Korea 
(WT/DS296/2).   The representatives of Korea and the United States spoke.   The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of China, the European Communities, Japan  and Chinese Taipei reserved 
their third-party rights to participate in the Panel's proceedings.  (iv) Countervailing measures concerning certain pr oducts from the European Communities 
(WT/DSB/M/176) 
At its meeting on 27 September 2004
, the DSB considered a request by the European 
Communities under Article 21.5 of the DSU to ex amine the US implementation of the DSB's 
recommendations pertaining to this matter (WT/DS212/15). 
 
The representatives of the European Commun ities, the United States and Brazil spoke. 
 The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter  raised by the European Communities in document 
WT/DS212/15.  It was agreed that the Panel would have standard terms of reference. 
 WT/DSB/37 
Page 12  
 
The representative of Korea reserved third-pa rty rights to participate in the Panel's 
proceedings.
13 
 
(v) Definitive safeguard measures on imports of  certain steel products (WT/DSB/M/160) 
 In June 200214, the DSB agreed to establish a panel to examine the complaint by the European 
Communities pertaining to this matter.  At s ubsequent meetings in June and July 200215, the DSB 
agreed that, as provided for in Article 9.1 of the DSU in respect of multiple complainants, the Panel 
established at the 3 June 2002  DSB meeting to exam ine the complaint by the EC would also examine 
the complaints by Japan, Korea, China, Switzerland, Norway, New Zealand and Brazil pertaining to 
the same matter.  In August 2003, the United States notified the DSB of its decision to appeal certain 
issues of law and legal interpre tations developed by the Panels  (WT/DS248/17;  WT/DS249/11;  
WT/DS251/12;  WT/DS252/10;  WT/DS253/10;  WT/DS254/10;  WT/DS258/14 and WT/DS259/13). 
  At its meeting on 10 December 2003
, the DSB considered the Appellate Body Report 
contained in WT/DS248/AB/R; WT/DS249/ AB/R; WT/DS251/AB/R; WT/DS252/AB/R; 
WT/DS253/AB/R; WT/DS254/AB/R; WT/DS258/AB/R and WT/DS259/AB/R and the Panel Reports 
contained in WT/DS248/R and Corr.1; WT/D S249/R and Corr.1; WT/DS251/R and Corr.1; 
WT/DS252/R and Corr.1; WT/DS253/R and Corr.1; WT/DS254/R and Corr.1; WT/DS258/R and Corr.1 and WT/DS259/R and Corr.1 pertaining to this matter.   The representatives of the European Co mmunities, Japan, Norway, Switzerland, New 
Zealand, China, Brazil, Korea, Thaila nd, Venezuela and the United States spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS248/AB/R; WT/DS249/AB/R; WT/DS251 /AB/R; WT/DS252/AB/R; WT/DS253/AB/R; 
WT/DS254/AB/R; WT/DS258/AB/R and WT/DS259/AB /R and the Panel Reports contained in 
WT/DS248/R and Corr.1; WT/DS249/R and Corr.1; WT/DS251/R and Corr.1; WT/DS252/R and 
Corr.1; WT/DS253/R and Corr.1; WT/DS254/R and Corr.1; WT/DS258/R and Corr.1 and WT/DS259/R and Corr.1, as modified by the Appellate Body Report.  
(vi) Determination of the International Trade Commission in hard red spring wheat from Canada 
(WT/DSB/M/171, 173) 
 At its meeting on 22 June 2004
, the DSB considered a re quest by Canada for the 
establishment of a panel to examine its complaint with regard to the US determination of the 
International Trade Commission in hard red spring wheat from Canada (WT/DS310/2).   The representatives of Canada and the United States spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter.   At the DSB meeting on 20 July 2004
, prior to the adoption of the agenda, Canada requested 
that its panel request in the dispute:  "United States – Determination of the International Trade 
Commission in Hard Red Spring Wheat from Canada ", be withdrawn from the proposed agenda and 
reserved its rights to revert to this matter. 
  The DSB so agreed.  
                                                     
 
13 After the meeting, China and Brazil reserved third-party rights to participate in the Panel's 
proceedings. 
14 WT/DSB/M/125. 
15 WT/DSB/M/127, 128, 129 and 130.  WT/DSB/37 
 Page 13 
 
 
(vii) Final countervailing duty determination w ith respect to certain softwood lumber from 
Canada (WT/DSB/M/165, 166) 
 In October 200216, the DSB agreed to establish a panel to examine the complaint by Canada 
pertaining to this matter.  In October 2003, the Unite d States notified the DSB of its decision to appeal 
certain issues of law and legal interpreta tions developed by the Panel (WT/DS257/8). 
 
 At its meeting on 17 February 2004 , the DSB considered the Appellate Body Report 
contained in WT/DS257/AB/R and the Panel Report contained in WT/DS257/R and Corr.1 pertaining 
to this matter.  
 The representatives of the United States, Ca nada and the European Communities spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS257/AB/R and the Panel Report contained in  WT/DS257/R and Corr.1, as modified by the 
Appellate Body Report. 
 
 At the DSB meeting on 19 March 2004
, the representative of Canada made a statement 
regarding a communication from the United States concerning the intentions of the United States in respect of implementation of the DSB's recommendations in this case (WT/DS257/12).   The representatives of Canada and the United States spoke. 
 
 The DSB took note of the statements.  
(viii) Final dumping determination on softwood lumber from Canada (WT/DSB/M/175, 176) 
In January 2003
17, the DSB agreed to establish a panel to examine the complaint by Canada 
pertaining to this matter.  In May 2004, the Unite d States notified the DSB of its decision to appeal 
certain issues of law and legal interpreta tions developed by the Panel (WT/DS264/6). 
 At its meeting on 31 August 2004
, the DSB considered the Appellate Body Report contained 
in WT/DS264/AB/R and the Panel Report contained in WT/DS264/R pertaining to this matter. 
 
The representatives of Canada, the United States,  the European Communities, Japan, Mexico, 
India and Hong Kong, China spoke. 
 The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS264/AB/R and the Panel Report contained in WT/DS264/R, as modified by the Appellate 
Body Report. 
 At the DSB meeting on 27 September 2004
, the representative of the United States informed 
the DSB of her country's intentions in respect of implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU. 
 
The representatives of the United States, Ca nada and the European Communities spoke. 
 The DSB took note of the statements and of the information provided by the United States 
regarding its intentions in respect of implementa tion of the DSB's recommendations and rulings in 
this dispute. 
 
                                                     
 
16 WT/DSB/M/133. 
17 WT/DSB/M/140. WT/DSB/37 
Page 14  
 
(ix) Investigation of the International Trade  Commission in softwood lumber from Canada 
(WT/DSB/M/168, 169) 
 In May 2003
18, the DSB agreed to establish a panel to examine the complaint by Canada 
pertaining to this matter.  
 At its meeting on 26 April 2004
, the DSB considered the Panel Report contained in 
WT/DS277/R pertaining to this matter.   The representatives of Canada and the United States spoke.  
 The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS/277/R.   At the DSB meeting on 19 May 2004
, the representative of the United States informed the 
DSB of his country's intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU. 
  The representatives of the United States and Canada spoke.   The DSB took note of the statements and of the information provided by the United States 
regarding its intentions in respect of implementa tion of the DSB's recommendations and rulings in 
this dispute. 
 
(x) Laws, regulations and methodology for ca lculating dumping margins ("zeroing") 
(WT/DSB/M/165, 166) 
 At its meeting on 17 February 2004
, the DSB considered a request by the European 
Communities for the establishment of a panel to exam ine its complaint with regard to the US laws, 
regulations and methodology for calculating dumping margins (WT/DS294/7/Rev.1).   The representatives of the European Commun ities, the United States and Mexico spoke. 
  The DSB took note of the statements and agreed to revert to this matter. 
 
 At its meeting on 19 March 2004
, the DSB again considered this matter. 
  The representatives of the European Communities and the United States spoke. 
 
 The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of Argentina, Brazil, Chin a, India, Japan, Korea,  Mexico, Norway and 
Chinese Taipei reserved their third-party right s to participate in the Panel's proceeding.
19 
 
                                                      
18 WT/DSB/M/149. 
19 After the meeting, the representatives of Hong Kong, China and Turkey reserved their third-party 
rights to participate in the Panel's proceedings.  WT/DSB/37 
 Page 15 
 
 
(xi) Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat products from 
Japan (WT/DSB/M/162) 
 In May 200220, the DSB agreed to establish a panel to examine the complaint by Japan 
pertaining to this matter.  In September 2003, Japan notified the DSB of its decision to appeal certain issues of law and legal interpretations  developed by the Panel (WT/DS244/7). 
 
 At its meeting on 9 January 2004
, the DSB considered the Appellate Body Report contained 
in WT/DS244/AB/R and the Panel Report contained in WT/DS244/R pertaining to this matter. 
  The representatives of Japan, the United States,  Korea, Chile, Canada, Brazil, the European 
Communities, Norway, India, Argentina and Mexico spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS244/AB/R and the Panel Report contained in WT/DS244/R, as modified by the Appellate 
Body Report. 
 
6. Surveillance of implementation of recommendations adopted by the DSB 
 Matters considered by the DSB under this item are included on the agenda pursuant to 
Article 21.6 of the DSU which provides that: "U nless the DSB decides otherwise, the issue of 
implementation of the recommendations or rulings sh all be placed on the agenda of the DSB meeting 
after six months following the date of establis hment of the reasonable time-period pursuant to 
paragraph 3 and shall remain on the DSB's agenda until the issue is resolved.  At least 10 days prior to 
each such DSB meeting, the Member concerned shal l provide the DSB with a status report in writing 
of its progress in the implementation of the recommendations or rulings".  (a) Chile 
(i) Price band system and safeguard measures rela ting to certain agricultural products 
(WT/DSB/M/163, 165, 166, 167, 169) 
 At its meeting on 23 January 2004
, the DSB considered the status report by Chile on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS207/15/Add.3).  The representatives of Chile and Argentina spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 17 February 2004
, the DSB considered the status report by Chile on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS207/15/Add.4).   The representatives of Chile and Argentina spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 March 2004
, the DSB considered the status report by Chile on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS207/15/Add.5). 
                                                     
 
20 WT/DSB/M/124 and Corr.1. WT/DSB/37 
Page 16  
 
  The representatives of Chile and Argentina spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 20 April 2004
, the DSB considered the status report by Chile on its progress 
in the implementation of the DSB's reco mmendations and rulings on this matter 
(WT/DS207/15/Add.6).  
 The representatives of Chile and Argentina spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 19 May 2004
, the DSB considered the status report by Chile on its progress 
in the implementation of the DSB' r ecommendations and rulings on this matter 
(WT/DS207/15/Add.7).   The representatives of Chile and Argentina spoke.  
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  (b) United States 
(i) Anti-Dumping Act of 1916 (WT/DSB/M/163, 165, 166, 167, 169, 171, 173, 175, 176, 177, 
178) 
 At its meeting on 23 January 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.22 – WT/DS162/17/Add.22).   The representatives of the United States, Japan and the European Communities spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 17 February 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS136/14/Add.23 – WT/DS162/17/Add.23).   The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 March 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.24 – WT/DS162/17/Add.24). 
 
 The representatives of the United States, the European Communities and Japan spoke. 
  WT/DSB/37 
 Page 17 
 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 April 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS136/14/Add.25 – WT/DS162/17/Add.25). 
  The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 May 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.26 – WT/DS162/17/Add.26). 
 
 The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 22 June 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.27 – WT/DS162/17/Add.27).   The representatives of the United States, the European Communities and Japan spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS136/14/Add.28 – WT/DS162/17/Add.28). 
  The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 31 August 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.29 – WT/DS162/17/Add.29).  
 The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 27 September 2004
, the DSB considered the status report by the United 
States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.30 – WT/DS162/17/Add.30).   The representatives of the United States, the European Communities and Japan spoke. 
 WT/DSB/37 
Page 18  
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 18 October 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS136/14/Add.31 – WT/DS162/17/Add.31). 
  The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS136/14/Add.32 – WT/DS162/17/Add.32). 
 
 The representatives of the United States, the European Communities and Japan spoke. 
  The DSB took note of the statements.  
(ii) Anti-dumping measures on certain hot-rolled st eel products from Japan (WT/DSB/M/163, 
165, 166, 167, 169, 171, 173, 175, 176, 177, 178) 
 At its meeting on 23 January 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.15).  
 The representatives of the United States and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 17 February 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.16).  The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 March 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.17).  
 The representatives of the United States and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 20 April 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.18).   The representatives of the United States and Japan spoke.  WT/DSB/37 
 Page 19 
 
 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 19 May 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.19).   The representatives of the United States and Japan spoke.  
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 22 June 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.20). 
  The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 20 July 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.21).  
 The representatives of the United States and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 31 August 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.22).  The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 27 September 2004
, the DSB considered the status report by the United 
States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.23).  
 The representatives of the United States and Japan spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 18 October 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.24).   The representatives of the United States and Japan spoke. 
 WT/DSB/37 
Page 20  
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS184/15/Add.25). 
  The representatives of the United States and Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(iii) Continued Dumping and Subsidy Offset Act of 2000 (WT/DSB/M/163, 165, 166, 167, 169, 
171, 173, 175, 176, 177, 178) 
 At its meeting on 23 January 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16 – WT/DS234/24).   The representatives of the United States, Canada, Australia, Chile, the European 
Communities, Japan, Korea, Brazil, India, Me xico, China, Thailand and Indonesia spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 17 February 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.1 – WT/DS234/24/Add.1). 
  The representatives of the United States, the European Communities, Canada, Chile, Japan, 
Korea and India spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 March 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.2 – WT/DS234/24/Add.2). 
 
 The representatives of the United States, the European Communities, Chile, Canada, Japan 
and Korea spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 20 April 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.3 – WT/DS234/24/Add.3).  
 The representatives of the United States, the European Communities, Canada, Chile, India 
and Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  WT/DSB/37 
 Page 21 
 
 
 At its meeting on 19 May 2004 , the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.4 – WT/DS234/24/Add.4).   The representatives of the United States, the European Communities, Japan, Chile, Canada, 
India, Brazil and Korea spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 22 June 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.5 – WT/DS234/24/Add.5).   The representatives of the United States, the European Communities, Chile, Canada, Japan 
and India spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.6 – WT/DS234/24/Add.6).   The representatives of the United States, the European Communities, Chile, Canada, Japan, 
Korea and India spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 31 August 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.7 – WT/DS234/24/Add.7). 
  The representatives of the United States, the European Communities, Chile, Canada, Japan 
and India spoke.  
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 27 September 2004
, the DSB considered the status report by the United 
States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.8 – WT/DS234/24/Add.8). 
 
 The representatives of the United States, the European Communities, Canada, Chile, Brazil, 
Korea, Japan, India and Hong Kong, China spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 18 October 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.9 – WT/DS234/24/Add.9). 
 WT/DSB/37 
Page 22  
 
 The representatives of the United States, th e European Communities, Japan, Canada and 
Chile spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.10 – WT/DS234/24/Add.10).  
 The representatives of the United States, the European Communities, Chile, Canada, Japan, 
Brazil, India, Korea and Malaysia spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(iv) Final countervailing duty determination w ith respect to certain softwood lumber from 
Canada (WT/DSB/M/178) 
At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS257/14). 
 
The representative of the United States spoke.  The DSB took note of the statement and agreed to  revert to this matter at its next regular 
meeting. 
 
(v) Section 110(5) of the US Copyright Act (WT/DSB/M/178) 
At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24). 
 
The representatives of the United States  and the European Communities spoke. 
 The DSB took note of the statements and agreed to revert to this matter at its next regular 
meeting. 
 
(vi) Section 211 Omnibus Appropriations Act of 1998 (WT/DSB/M/163, 165, 166, 167, 169, 171, 
173, 175, 176, 177, 178) 
 At its meeting on 23 January 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.15)  
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 17 February 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.16).  WT/DSB/37 
 Page 23 
 
 
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting  
 At its meeting on 19 March 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.17).   The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 April 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.18).   The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 May 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.19). 
 
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 22 June 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.20).   The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2004
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.21). 
  The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 31 August 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.22). 
 WT/DSB/37 
Page 24  
 
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 27 September 2004
, the DSB considered the status report by the United 
States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.23).   The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 18 October 2004
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.24).   The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 24 and 26 November 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.25). 
 
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  7. Other matters raised under "Other Business" 
(a) Argentina – Definitive safeguard measure on im ports of preserved peaches:  Statement by 
Argentina (WT/DSB/M/163) 
 At the DSB meeting on 23 January 2004
, the representative of Argentina announced that the 
safeguard measure subject to the dispute on "Argen tina – Definitive Safeguard  Measure on Imports of 
Preserved Peaches" had been revoked on 31 December 2003.   With the elimination of that measure, 
Argentina considered that it had fully complied w ith the DSB's recommendations and rulings in this 
dispute.   The representatives of Argentina and Chile spoke.  
 The DSB took note of the statements. 
 (b) Mexico – Measures affecting the import of matches:  Statement by Mexico (WT/DSB/M/165) 
 At the DSB meeting on 17 February 2004
, the representative of Mexico said that his country 
welcomed the fact that Chile had withdrawn its  request for consultations concerning Mexico's 
measures affecting the import of matches (WT/DS232/3). 
  The DSB took note of the statement.  WT/DSB/37 
 Page 25 
 
 
(c) United States – Anti-Dumping Act of 1916:  Statement by the United States 
(WT/DSB/M/166) 
 At the DSB meeting on 19 March 2004 , the representative of the United States made a 
statement regarding the Arbitrator's award in the case on "United States – Anti-Dumping Act of 1916".   
 
 The representatives of the United States, the Eu ropean Communities, Canada, India and Japan 
spoke.   The DSB took note of the statements.  
(d) European Communities – Anti-dumping duties on ma lleable cast iron tube or pipe fittings 
from Brazil:  Statement by Brazil (WT/DSB/M/167) 
 At the DSB meeting on 20 April 2004
, the representative of Brazil expressed his country's 
concern with regard to the implementation by the EC  of certain findings of the Appellate Body in the 
dispute:  "European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe 
Fittings from Brazil" (WT/DS219).   The representatives of Brazil and the European Communities spoke. 
  The DSB took note of the statements. 
 
(e) United States – Countervailing duties on certain  corrosion-resistant carbon steel flat products 
from Germany:  Statement by the United States (WT/DSB/M/167) 
 At the DSB meeting on 20 April 2004
, the representative of the Un ited States announced that 
on 1 April 2004, the United States had revoked th e countervailing duty order on corrosion-resistant 
carbon steel flat products from Germany.  Conse quently, the United States stated that it had 
implemented the DSB's recommendations  and rulings in this dispute. 
  The DSB took note of the statement.  (f) Chile – Price band system and safeguard measure s relating to certain agricultural products:  
Statement by Argentina (WT/DSB/M/171) 
 At the DSB meeting on 22 June 2004
, the representative of Argentina drew Members' 
attention to the fact that although the matter had not yet been resolved, no status report had been 
submitted by Chile at the present meeting, as required by Article 21.6 of the DSU, on Chile's progress in the implementation of the DSB's recommendations in the dispute on "Chile – Price Band System 
and Safeguard Measures Relating to  Certain Agricultural Products". 
  The representatives of Argentina and Chile spoke.   The DSB took note of the statements.  
(g) United States – Section 110(5) of the US Copyright Act:  Statement by the European 
Communities (WT/DSB/M/177) 
At the DSB meeting on 18 October 2004
, the representative of th e European Communities 
requested that the United States provide status reports on its progress in the implementation of the DSB's recommendations and rulings in the dispute:   "United States – Section 110(5) of the US 
Copyright Act". WT/DSB/37 
Page 26  
 
The representatives of the European Co mmunities and the United States spoke. 
 The DSB took note of the statements.  
(h) United States – Tax treatment for "Foreign Sales Corporations":  Statement by the United 
States regarding the implementation of the DSB's recommendations and rulings 
(WT/DSB/M/178) 
At the DSB meeting on 24 and 26 November 2004
, the representative of the United States 
informed Members that on 22 October 2004 the Am erican Jobs Creation Act of 2004 (AJCA) had 
been signed into law by the US President.  The AJCA repealed, effective after 31 December 2004, the 
tax exclusion of the "FSC Repeal and Extraterritorial Income Exclusion Act of 2000".  The United 
States stated that, by this action, the measure in question had been brought into conformity with the 
US WTO obligations. 
 The representatives of the United States  and the European Communities spoke. 
 
The DSB took note of the statements. 
__________