WORLD TRADE
ORGANIZATIONWT/DS/OV/1
18 October 2001
(01-5129)
UPDATE OF WTO D ISPUTE SETTLEMENT CASES
NOTE:THIS SUMMARY HAS BEEN PREPARED BY THE SECRETARIAT UNDER ITS OWN RESPONSIBILITY .
THE SUMMARY IS FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED TO AFFECT THE
RIGHTS AND OBLIGATIONS OF MEMBERS .
NEW DEVELOPMENTS SINCE LAST UPDATE
(UP UNTIL 16 OCTOBER 2001)
WT/DS No. Action Section
WT/DS239 Request for consultations
Request to join consultationsSection I
WT/DS238 Request for consultations Section I
WT/DS237 Request for consultations
Request to join consultationsSection I
WT/DS236 Request for consultations Section I
WT/DS235 Request for consultations Section I
WT/DS234 Request for the Establishment of a Panel
Establishment of a Panel
Single Panel establishedSection II
WT/DS222 Notification of delay of ci rculation of Panel Report Section II
WT/DS221 Establishment of a Panel Section II
WT/DS217 Request for the Establishment of a Panel
Establishment of a PanelSingle Panel establishedSection II
WT/DS214 Request for the Establishment of a Panel
Establishment of a PanelSection II
WT/DS213 Request for the Establishment of a Panel
Establishment of a PanelSection II
WT/DS212 Request for the Establishment of a Panel
Establishment of a PanelSection II
WT/DS210 Further suspension of panel proceedings Section II
WT/DS198 Mutually Agreed Solution Section VII
WT/DS194 Adoption of Pa nel Report Section V:A
WT/DS192 Notification of delay of  circulation of Appellate Body
ReportCirculation of Appellate Body Report to MembersSection III:C
WT/DS189 Circulation of Panel Report to Members Section III:A
WT/DS184 Circulation of Appell ate Body Report to Members
Adoption of Appellate Body Report and Panel ReportSection V:A
WT/DS178,
WT/DS177Notification of agreement under Ar ticle 21.3(c) of the DSU Section VI
WT/DS176 Circulation of Panel Report to Members
Notification of an appealSection IV:A
WT/DS160 Recourse to Arti cle 25 of the DSU Section VI
WT/DS155 Circulation of ar bitration award Section VIWT/DS/OV/1
Page ii
WT/DS No. Action Section
WT/DS141 Understanding  between India and the EC regarding
Procedures under Articles 21 and 22 of the DSUSection VI
WT/DS132/RW Notification of an appeal Section IV:B
WT/DS113/RW,
WT/DS103/RWNotification of an appeal Section IV:B
WT/DS108/RW Circulati on of Compliance Panel Report to Members
Notification of an appealSection IV:B
WT/DS76 Communication from Japan and the US Section VI
WT/DS58/RW Notification of an appeal
Notification of delay of circulation of AB ReportSection IV:B
Section IV:B
WT/DS46/RW Circulation a nd Adoption of Compliance Panel Report Section V:B
WT/DS27 Status Report on Implementation Section VIWT/DS/OV/1
Page iii
STATISTICAL OVERVIEW
Complaints
notified to the
WTO1Active
Cases2Appellate Body
and Panel Reports
Adopted3Mutually Agreed
SolutionsOther Settled
or Inactive4
Cases
Reporting
period/
datesince 1.1.1995 on reporting
datesince 1.1.1995 since 1.1.1995 since 1.1.1995
Number 239 19 53 35 22
EXPLANATORY NOTES:
1 This category encompasses all requests for consultations  notified to the WTO, including those requests which
have led to panel and appellate review proceedings.  
2 This category encompasses pending or suspended panel proceedings or appellate review proceedings, with the
exception of proceedings pursuant to Article 21.5 of the DSU.
3 This category does not include reports resulting from proceedings pursuant to Article 21.5 of the DSU.
4 This category includes cases where the contested measure has been terminated, a panel request was withdrawn,
etc.
Active Panels on
Implementation
of WTO rulings1Adopted Appellate
Body and Panel
Reports on
Implementation of
WTO rulings2Active
Arbitrations on
Level of
Suspension of
Concessions3WTO
Authorizations
of Suspension of
Concessions4
Reporting
period/
dateon reporting date since 1.1.1995 on reporting date since 1.1.1995
Number 26 25
EXPLANATORY NOTES:
1 This category encompasses pending or suspended panel or appellate review proceedings pursuant to Article 21.5
of the DSU.
2 This category includes reports resulting from proceedings under Article 21.5 of the DSU.
3 This category covers arbitration proceedings pursuant to Article 22.6 and 22.7 of the DSU and Article 4.11 of the
Subsidies Agreement.
4 This category covers authorizations granted by the WT O pursuant to Article 22.7 of the DSU and Article 4.10 of
the Subsidies Agreement.WT/DS/OV/1
Page iv
TABLE OF CONTENTS
Page
I. PENDING CONSULTATIONS (most recent listed first).....................................................1
1. WT/DS239 - United States – Certain Measures Regarding Anti-dumping
Methodology..................................................................................................................1
2. WT/DS238 - Argentina – Definitive Safeguard Measure on Imports of Preserved
Peaches ........................................................................................................................ ..1
3. WT/DS237 – Turkey – Certain Impor t Procedures for Fresh Fruits .............................2
4. WT/DS236 - United States – Preliminary De terminations with respect to Certain
Softwood Lumber from Canada.....................................................................................2
5. WT/DS235 - Slovakia – Safeguard Measure on Imports of Sugar................................3
6. WT/DS233 – Argentina – Measures Affecting the Import of Pharmaceutical Products3
7. WT/DS232 – Mexico – Measures Af fecting the Import of Matches.............................4
8. WT/DS230 – Chile – Safeguard Measures and Modification of Schedules regarding
Sugar .......................................................................................................................... ....4
9. WT/DS229 – Brazil – Anti-Dumping Duties on Jute Bags from India .........................410. WT/DS228 – Chile – Safeguard Measures on Sugar.....................................................5
11. WT/DS226 – Chile – Provisional Safeguard Measure on Mixtures of Edible Oils.......5
12. WT/DS225 – United States – Anti-dumping duties on Seamless Pipe from Italy.........6
13. WT/DS224 – United States – US Patents Code.............................................................6
14. WT/DS223 – European Communities – Tariff-Rate Quota on Corn Gluten Feed from
the United States ............................................................................................................7
15. WT/DS220 – Chile – Price Band System and Safeguard Measures relating to Certain
Agricultural  Products.....................................................................................................8
16. WT/DS218 – United States- Countervailing  Duties on Certain Carbon Steel Products
from Br azil.................................................................................................................... .8
17. WT/DS216 – Mexico – Provisional Anti-Dumping Measure on Electric Transformers9
18. WT/DS215 – Philippines – Anti-Dumping Measures regarding Polypropylene Resins
from Korea..................................................................................................................... 9
19. WT/DS209 – European Communities – Measures Affecting Soluble Coffee...............9
20. WT/DS208 – Turkey – Anti-Dumping Duty on Steel and Iron Pipe Fittings .............10
21. WT/DS205 – Egypt - Import Prohibition on Canned Tuna with Soybean Oil ............10
22. WT/DS204 – Mexico – Measures Affecting Telecommunications Services ..............1123. WT/DS203 – Mexico – Measures Affecting Trade in Live Swine..............................11
24. WT/DS201 – Nicaragua – Measures Affecting Imports from Honduras and
Colombia (II) ...............................................................................................................13
25. WT/DS200 – United States – Section 306 of the Trade Act of 1974 and Amendments
Thereto........................................................................................................................ .13
26. WT/DS197 – Brazil – Measures  on Minimum Im port Pric es .....................................13
27. WT/DS196 – Argentina – Certain Measures on the Protection of Patents and Test
Data........................................................................................................................... ...14
28. WT/DS191 – Ecuador – Definitive Anti-Dum ping Measure on Cement from Mexico14
29. WT/DS187 – Trinidad and Tobago – Provisional Anti-Dumping Measure on
Macaroni and Spaghet ti from Cost a Rica ....................................................................14
30. WT/DS186 – United States – Section 337 of the Tariff Act of 1930 and Amendments
Thereto........................................................................................................................ .15
31. WT/DS185 – Trinidad and Tobago – Certain Measures Affecting Imports of Pasta
from Costa Rica ...........................................................................................................15
32. WT/DS183 – Brazil – Measures on Import Licensing and Minimum Import Prices ..15
33. WT/DS182 – Ecuador – Provisional Anti-D umping Measure on Cement from Mexico15
34. WT/DS180 – United States – Reclassification of Certain Sugar Syrups.....................16WT/DS/OV/1
Page v
35. WT/DS174 – European Communities – Protection of Trademarks and Geographical
Indications for Agricultural  Products and Foodstuffs..................................................16
36. WT/DS172 – European Communities – Measures Relating to the Development of a
Flight Manageme nt System .........................................................................................16
37. WT/DS173 – France – Measures Relating to the Development of a Flight
Management System....................................................................................................17
38. WT/DS171 – Argentina – Patent Protection for Pharmaceuticals and Test Data
Protection for Agricult ural Chemicals.........................................................................17
39. WT/DS168 – South Africa – Anti-dumping Duties on the Import of Certain
Pharmaceutical Products  from India............................................................................17
40. WT/DS167 – United States – Countervailing Duty Investigation with respect to Live
Cattle from  Canada ......................................................................................................18
41. WT/DS159 – Hungary – Safeguard Measure on Imports of Steel Products from the
Czech Republic............................................................................................................18
42. WT/DS158 – European Communities- Regime for the Importation, Sale and
Distribution of Bananas  II...........................................................................................18
43. WT/DS157 – Argentina – Anti-Dumping Measures  on Imports of Drill Bits from
Italy .......................................................................................................................... ....19
44. WT/DS154 – European Communities – Measures Affecting Differential and
Favourable Treatm ent of Coffee..................................................................................19
45. WT/DS153 – European Communities – Patent Protection for Pharmaceutical and
Agricultural Products...................................................................................................19
46. WT/DS150 – India – Measures Affecting Cust om Duties ..........................................20
47. WT/DS149 – India – Im port Restri ctions....................................................................20
48. WT/DS148 – Czech Re public – Measure Affecting Import Duty on Wheat from
Hungary .......................................................................................................................2 0
49. WT/DS147 – Japan – Tariff Quotas and Subsidies Affecting Leather........................2050. WT/DS145 – Argentina – Countervailing Du ties on Imports of Wheat Gluten from
the European Communities..........................................................................................21
51. WT/DS144 – United States – Certain Measures Affecting the Import of Cattle, Swine
and Grain from Canada................................................................................................21
52. WT/DS143 - Slovak Re public – Measure Affecting Import Duty on Wheat from
Hungary .......................................................................................................................2 1
53. WT/DS140 – European Communities – Anti-Dumping Investigations Regarding
Unbleached Cotton Fabrics from India........................................................................22
54. WT/DS137 – European Communities – Measures Affecting Imports of Wood of
Conifers from Canada..................................................................................................22
55. WT/DS134 – European Communities - Measures Affecting Import Duties on Rice..22
56. WT/DS133 – Slovak Republic - Measures Concerning the Importation of Dairy
Products and the Tran sit of Ca ttle................................................................................23
57. WT/DS131 – France - Certain Income Tax Measures Constituting Subsidies............23
58. WT/DS130 – Ireland - Certain Income Tax Measures Constituting Subsidies ...........23
59. WT/DS129 – Greece - Certain Income Tax Measures Constituting Subsidies ...........23
60. WT/DS128 – Netherlands - Certain Income Tax Measures Constituting Subsidies ...2361. WT/DS127 – Belgium - Certain Income Tax Measures Constituting Subsidies.........24
62. WT/DS123 – Argentina - Safeguard Me asures on Imports of Footwear.....................24
63. WT/DS120 – India - Measures Affecting Export of Certain Commodities.................24
64. WT/DS118 – United States - Harbour Maintenance Tax ............................................24
65. WT/DS117 – Canada - Measures Affecting Film Distribution Services.....................2466. WT/DS116 – Brazil - Measures Affecting Payment Terms for Imports .....................24
67. WT/DS115 – European Communities - Measures Affecting the Grant of Copyright
and Neighbouring Rights.............................................................................................25
68. WT/DS112 – Peru - Countervailing Duty In vestigation against Imports of Buses from
Brazil......................................................................................................................... ...25WT/DS/OV/1
Page vi
69. WT/DS111 – United States - Tariff Rate Quota for Imports of Groundnuts...............25
70. WT/DS109 – Chile - Taxes on Alcoholic Beverages ..................................................25
71. WT/DS107 – Pakistan - Export Measures Affecting Hides and Skins........................25
72. WT/DS105 – European Communities - Regime for the Importation, Sale and
Distribution of Bananas ...............................................................................................25
73. WT/DS104 – European Communities - Measures Affecting the Exportation of
Processed Cheese.........................................................................................................26
74. WT/DS100 – United States - Measures Affecting Imports of Poultry Products .........26
75. WT/DS97 – United States - Countervailing Duty Investigation of Imports of Salmon
from Chile....................................................................................................................2 6
76. WT/DS82 – Ireland - Measures Affecting the Grant of Copyright and Neighbouring
Rights......................................................................................................................... ..26
77. WT/DS81 – Brazil - Measures Affecting Trade and Investment in the Automotive
Sector ......................................................................................................................... ..26
78. WT/DS80 – Belgium - Measures Affecting Commercial Telephone Directory
Services....................................................................................................................... .27
79. WT/DS78 – United States - Safeguard Measure Against Imports of Broom Corn
Brooms......................................................................................................................... 27
80. WT/DS71 – Canada - Measures Affecting the Export of Civilian Aircraft.................27
81. WT/DS66 – Japan - Measures Affecting Imports of Pork...........................................27
82. WT/DS65 – Brazil - Certain Measures Affecting Trade and Investment in the
Automotive Sector .......................................................................................................27
83. WT/DS63 – United States - Anti-Dumping Measures on Imports of Solid Urea from
the Former German De mocratic Republic...................................................................27
84. WT/DS61 – United States - Import Prohibition of Certain Shrimp and Shrimp
Products ....................................................................................................................... 28
85. WT/DS53 – Mexico - Customs Valuation of Imports .................................................2886. WT/DS52 – Brazil - Certain Measures Affecting Trade and Investment in the
Automotive Sector .......................................................................................................28
87. WT/DS51 – Brazil - Certain Au tomotive Investme nt Measures .................................28
88. WT/DS47 – Turkey - Restrictions on Impor ts of Textile and Clothing Products .......28
89. WT/DS45 – Japan - Measures Affecting Distribution Services ..................................28
90. WT/DS41 – Korea - Measures Concerning Inspection of Agricultural Products........29
91. WT/DS30 – Brazil - Countervailing Duties  on Imports of Desiccated Coconut and
Coconut Milk Powder from Sri Lanka.........................................................................29
92. WT/DS29 – Turkey - Restrictions on Impor ts of Textile and Clothing Products .......29
93. WT/DS3 – Korea - Measures Concerning the Testing and Inspection of Agricultural
Products ....................................................................................................................... 29
II. ACTIVE PAN ELS ............................................................................................................... ...29
1. WT/DS146 – India - Measures Af fecting the Auto motive Sector...............................29
2. WT/DS164 – Argentina – Measures Affecting Imports of Footwear..........................30
3. WT/DS175 – India – Measures Relating to Trade and Investment in the Motor
Vehicle Sector..............................................................................................................30
4. WT/DS188 – Nicaragua – Measures Affecting Imports from Honduras and Colombia
(I) ............................................................................................................................ .....31
5. WT/DS195 – Philippines – Measures Affecting Trade and Investment in the Motor
Vehicle Sector..............................................................................................................31
6. WT/DS202 – United States – Definitive Safeguard Measures on Imports of Circular
Welded Carbon Quality Line Pipe from Korea ...........................................................31
7. WT/DS206 – United States – Anti-Dumping and Countervailing Measures on Steel
Plate From India...........................................................................................................32
8. WT/DS207 – Chile – Price Band System and Safeguard Measures relating to Certain
Agricultural Products...................................................................................................32WT/DS/OV/1
Page vii
9. WT/DS210 – Belgium – Administration of Measures Establishing Customs Duties
for Rice ....................................................................................................................... .33
10. WT/DS211– Egypt – Definitive Anti-Dumping Measures on Steel Rebar from
Turkey......................................................................................................................... .33
11. WT/DS212 – United States – Countervailing Measures concerning Certain Products
from the European  Communities.................................................................................34
12. WT/DS213 – United States – Countervailing Duties on Certain Corrosion-Resistant
Carbon Steel Flat Produ cts from Germany..................................................................35
13. WT/DS214 – United States – Definitive Safeguard Measures on Imports of Steel
Wire Rod and Circular Welded Carbon Quality Line Pipe .........................................36
14. WT/DS217 – United States – Continued Dumping and Subsidy Offset Act of 2000 .36
15. WT/DS219 – European Communities – Anti-dumping duties on malleable cast iron
tube or pipe fittin gs from Brazil...................................................................................37
16. WT/DS221 – United States – Section 129(c)(1) of the Uruguay Round Agreements
Act............................................................................................................................ ....38
17. WT/DS222 – Canada – Export Credits and Loan Guarantees for Regional Aircraft ..38
18. WT/DS231 – European Communities – Trade Description of Sardines .....................39
19. WT/DS234 – United States – Continued Dumping and Subsidy Offset Act of 2000 .39
III. REPORTS ISSUED ............................................................................................................. ...40
A. PANEL RE PORTS ................................................................................................................ ...40
1. WT/DS189 – Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic
Floor Tiles fr om Italy...................................................................................................40
B. COMPLIANCE PANEL RE PORTS (ARTICLE 21.5)............................................................41
C. APPELLATE B ODY REPORT S .............................................................................................41
1. WT/DS192 – United States – Transitional Safeguard Measure on Combed Cotton
Yarn from Pakistan ......................................................................................................41
D. APPELLATE BODY COMPLIANC E REPORTS (A RTICLE 21.5)......................................42
IV. REPORTS APPEALED .........................................................................................................43
A. PANEL RE PORTS ................................................................................................................ ...43
1. WT/DS176 – United States – Section 211 Omnibus Appropriations Act ...................43
B. COMPLIANCE PANEL RE PORTS (ARTICLE 21.5)............................................................43
1. WT/DS58/RW – United States - Import Prohibition of Certain Shrimp and Shrimp
Products ....................................................................................................................... 43
2. WT/DS103/RW and WT/DS113 /RW – Canada - Measures Affecting the Importation
of Milk and the Exportatio n of Dairy Products ...........................................................44
3. WT/DS108/RW – United States – Tax Trea tment for "Foreign Sales Corporations".44
4. WT/DS132/RW – Mexico - Anti-Dumping Investigation of High-Fructose Corn
Syrup (HFCS) from the United States .........................................................................45
V. COMPLETED PANEL AND APPE LLATE BODY REVIEW .........................................46
A. APPELLATE BODY AND PAN EL REPORTS ADOPTED ..................................................46
1. WT/DS2 and WT/DS4 – United States - Standards for Reformulated and
Conventional Gasoline.................................................................................................46
2. WT/DS8, WT/DS10 and WT /DS11 – Japan - Taxes on Alcoholic Beverages ...........46
3. WT/DS18 – Australia - Measures Affecting the Importation of Salmon ....................464. WT/DS22 – Brazil - Measures Affecting Desiccated Coconut ...................................47
5. WT/DS24 – United States - Restrictions on Imports of Cotton and Man-Made Fibre
Underwear....................................................................................................................47
6. WT/DS26 – European Communities - Measures Affecting Meat and Meat Products
(Hormones) ..................................................................................................................47WT/DS/OV/1
Page viii
7. WT/DS27 – European Communities - Regime for the Importation, Sale and
Distribution of Bananas ...............................................................................................48
8. WT/DS31 – Canada - Certain Meas ures Concerning Periodicals ...............................48
9. WT/DS33 – United States - Measure Affecting Imports of Woven Wool Shirts and
Blouses........................................................................................................................ .49
10. WT/DS34 – Turkey - Restrictions on Impor ts of Textile and Clothing Products .......49
11. WT/DS44 – Japan - Measures Affecting Consumer Photographic Film and Paper....50
12. WT/DS46 – Brazil - Export Fina ncing Programme for Aircraft .................................50
13. WT/DS48 – European Communities - Measures Affecting Livestock and Meat
(Hormones) ..................................................................................................................51
14. WT/DS50 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products ....................................................................................................................... 51
15. WT/DS54 – Indonesia - Certain Measures Affecting the Automobile Industry..........52
16. WT/DS55 – Indonesia - Certain Measures Affecting the Automobile Industry..........52
17. WT/DS56 – Argentina - Certain Measures Affecting Imports of Footwear, Textiles,
Apparel and Other Items..............................................................................................52
18. WT/DS58 – United States - Import Prohibition of Certain Shrimp and Shrimp
Products ....................................................................................................................... 53
19. WT/DS59 – Indonesia - Certain Measures Affecting the Automobile Industry..........53
20. WT/DS60 – Guatemala - Anti-Dumping Investigation Regarding Imports of Portland
Cement from Mexico...................................................................................................53
21. WT/DS62, WT/DS67 and WT/DS68 – European Communities - Customs
Classification of Certain Computer Equipment...........................................................54
22. WT/DS64 – Indonesia - Certain Measures Affecting the Automobile Industry..........54
23. WT/DS69 – European Communities - Measures Affecting Importation of Certain
Poultry Products...........................................................................................................54
24. WT/DS70 – Canada - Measures Affecting the Export of Civilian Aircraft.................5525. WT/DS75 – Korea - Taxes on Alcoholic Beverages ...................................................55
26. WT/DS76 – Japan - Measures Affecting Agricultural Products..................................56
27. WT/DS79 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products ....................................................................................................................... 56
28. WT/DS84 – Korea - Taxes on Alcoholic Beverages ...................................................57
29. WT/DS87 – Chile - Taxes on Alcoholic Beverages ....................................................57
30. WT/DS90 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .......................................................................................................57
31. WT/DS98 – Korea - Definitive Safeguar d Measure on Imports of Certain Dairy
Products ....................................................................................................................... 57
32. WT/DS99 – United States - Anti-Dumping Duty on Dynamic Random Access
Memory Semiconductors (DRAMS) of One Megabit or Above from Korea .............58
33. WT/DS103 – Canada - Measures Affecting the Importation of Milk and the
Exportation of Dairy Products .....................................................................................58
34. WT/DS108 – United States - Tax Treatment for "Foreign Sales Corporations" .........59
35. WT/DS110 – Chile - Taxes on Alcoholic Beverages ..................................................60
36. WT/DS113 – Canada - Measures  Affecting Dairy Products .......................................60
37. WT/DS114 – Canada - Patent Protection of Pharmaceutical Products .......................61
38. WT/DS121 - Argentina - Safeguard M easures on Imports of Footwear .....................61
39. WT/DS122 – Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of
Iron or Non-Alloy Steel and H-Beams from Poland....................................................62
40. WT/DS126 – Australia - Subsidies Prov ided to Producers and Exporters of
Automotive L eather .....................................................................................................63
41. WT/DS132 – Mexico - Anti-Dumping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States....................................................................................64
42. WT/DS135 – European Communities - Measures Affecting the Prohibition of
Asbestos and Asbestos Products..................................................................................64WT/DS/OV/1
Page ix
43. WT/DS136 – United States – Anti-Dumping Act of 1916 ..........................................65
44. WT/DS138 – United States – Imposition of Countervailing Duties on Certain Hot-
Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom66
45. WT/DS139 – Canada – Certain Measures Affecting the Automotive Industry...........67
46. WT/DS141 – European Communities – Anti-Dumping Duties on Imports of Cotton-
Type Bed-Linen from India .........................................................................................68
47. WT/DS142 – Canada – Certain Measures Affecting the Automotive Industry...........69
48. WT/DS152 – United States – Sections 301-310 of the Trade Act of 1974 .................69
49. WT/DS155 – Argentina - Measures on the Export of Bovine Hides and the Import of
Finished Leather ..........................................................................................................70
50. WT/DS156 – Guatemala - Definitive Anti-dumping Measure regarding Grey Portland
Cement from Mexico...................................................................................................71
51. WT/DS160 – United States – Section 110(5) of the US Copyright Act......................72
52. WT/DS161 – Korea – Measures Affecting Im ports of Fresh, Chilled, and Frozen Beef73
53. WT/DS162 – United States – Anti-Dumping Act of 1916 ..........................................74
54. WT/DS163 – Korea – Measures Affecting Government Procurement ........................75
55. WT/DS165 – United States – Import Measures on Certain Products from the
European Communities................................................................................................76
56. WT/DS166 – United States – Definitive Safeguard Measure on Imports of Wheat
Gluten from the Euro pean Communities .....................................................................77
57. WT/DS169 – Korea – Measures Affecting Imports of Fresh, Chilled, and Frozen Beef79
58. WT/DS170 – Canada – Patent Protection Term..........................................................7959. WT/DS177 – United States – Safeguard Measure on Imports of Fresh, Chilled or
Frozen Lamb from New Zealand.................................................................................80
60. WT/DS178 – United States – Safeguard Measure on Imports of Lamb Meat from
Australia...................................................................................................................... .81
61. WT/DS179 – United States – Anti-Dumping Measures on Stainless Steel Plate in
Coils and Stainless Steel Shee t and Strip from Korea .................................................82
62. WT/DS184 – United States – Anti-Dumping Measures on Certain Hot-Rolled Steel
Products from  Japan.....................................................................................................83
63. WT/DS194 – United States – Measures Treating Export Restraints As Subsidies .....84
B. APPELLATE BODY AND PANEL COMPLIANCE REPORTS (ARTICLE 21.5)
ADOPTED........................................................................................................................ ........85
1. WT/DS18/RW – Australia - Measures Affecting the Importation of Salmon.............85
2. WT/DS27/RW – European Communities - Regime for the Importation, Sale and
Distribution of Bananas ...............................................................................................85
3. WT/DS46/RW and WT/DS46/RW/2 – Braz il - Export Financing Programme for
Aircraft....................................................................................................................... ..86
4. WT/DS70/RW – Canada - Measures Affec ting the Export of Civilian Aircraft .........87
5. WT/DS99/RW – United States – Anti-Dumping Duty on Dynamic Random Access
Memory Semiconductors (DRAMS) of One Megabit or Above from Korea .............87
6. WT/DS126/RW – Australia – Subsidies Provided to Producers and Exporters of
Automotive L eather .....................................................................................................88
VI. IMPLEMENTATION STATUS OF ADOPTED REPORTS.............................................88
1. WT/DS2 and WT/DS4 – United States - Standards for Reformulated and
Conventional Gasoline.................................................................................................88
2. WT/DS8, WT/DS10 and WT /DS11 – Japan - Taxes on Alcoholic Beverages ...........88
3. WT/DS18 – Australia - Measures Affecting the Importation of Salmon ....................88
4. WT/DS22 – Brazil - Measures Affecting Desiccated Coconut ...................................895. WT/DS24 – United States - Restrictions on Imports of Cotton and Man-Made Fibre
Underwear....................................................................................................................89
6. WT/DS26 and WT/DS48 – European Communities - Measures Affecting Meat and
Meat Products (Hormones)..........................................................................................89WT/DS/OV/1
Page x
7. WT/DS27 – European Communities - Regime for the Importation, Sale and
Distribution of Bananas ...............................................................................................90
8. WT/DS31 – Canada - Certain Meas ures Concerning Periodicals ...............................93
9. WT/DS33 – United States - Measure Affecting Imports of Woven Wool Shirts and
Blouses........................................................................................................................ .94
10. WT/DS34 – Turkey – Restrictions on Impor ts of Textile and Clothing Products.......94
11. WT/DS44 – Japan - Measures Affecting Consumer Photographic Film and Paper....94
12. WT/DS46 – Brazil - Export Fina ncing Programme for Aircraft .................................94
13. WT/DS50 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products ....................................................................................................................... 95
14. WT/DS54, WT/DS55, WT/DS59 and WT /DS64 – Indonesia - Certain Measures
Affecting the Autom obile Industry..............................................................................96
15. WT/DS56 – Argentina - Certain Measures Affecting Imports of Footwear, Textiles,
Apparel and Other Items..............................................................................................96
16. WT/DS58 – United States - Import Prohibition of Certain Shrimp and Shrimp
Products ....................................................................................................................... 96
17. WT/DS60 – Guatemala - Anti-Dumping Investigation Regarding Imports of Portland
Cement from Mexico...................................................................................................97
18. WT/DS62, WT/DS67 and WT/DS68 – European Communities - Customs
Classification of Certain Computer Equipment...........................................................97
19. WT/DS69 – European Communities - Measures Affecting Importation of Certain
Poultry Products...........................................................................................................97
20. WT/DS70 – Canada - Measures Affecting the Export of Civilian Aircraft.................97
21. WT/DS75 and WT/DS84 - Korea – Taxes on Alcoholic Beverages...........................98
22. WT/DS76 – Japan - Measures Affecting Agricultural Products..................................98
23. WT/DS79 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products ....................................................................................................................... 98
24. WT/DS87 and WT/DS110– Chile – Taxes on Alcoholic Beverages ..........................98
25. WT/DS90 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .......................................................................................................99
26. WT/DS98 – Korea - Definitive Safeguar d Measure on Imports of Certain Dairy
Products ....................................................................................................................... 99
27. WT/DS99 – United States - Anti-Dumping Duty on Dynamic Random Access
Memory Semiconductors (DRAMS) of One Megabit or Above from Korea ...........100
28. WT/DS103 and WT/DS113 – Canada - Meas ures Affecting the Importation of Milk
and the Exportation of Dairy Products.......................................................................100
29. WT/DS108 – United States - Tax Treatment for "Foreign Sales Corporations" .......101
30. WT/DS114 – Canada - Patent Protection of Pharmaceutical Products .....................101
31. WT/DS121 – Argentina - Safeguard Me asures on Imports of Footwear...................102
32. WT/DS122 – Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of
Iron or Non-Alloy Steel and H-Beams from Poland..................................................102
33. WT/DS126 – Australia - Subsidies Prov ided to Producers and Exporters of
Automotive Leather ...................................................................................................102
34. WT/DS132 – Mexico - Anti-Dumping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States..................................................................................102
35. WT/DS136 – United States - Anti-Dumping Act of 1916.........................................103
36. WT/DS138 – United States – Imposition of Countervailing Duties on Certain Hot-
Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom103
37. WT/DS139 and WT/DS142 – Canada – Cert ain Measures Affecting the Automotive
Industry ......................................................................................................................1 03
38. WT/DS141 – European Communities – Anti-Dumping Duties on Imports of Cotton-
Type Bed-Linen from India .......................................................................................104
39. WT/DS155 – Argentina - Measures on the Export of Bovine Hides and the Import of
Finished Leather ........................................................................................................104WT/DS/OV/1
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40. WT/DS156 – Guatemala - Definitive Anti-dumping Measure regarding Grey Portland
Cement from Mexico.................................................................................................104
41. WT/DS160 – United States – Section 110(5) of the US Copyright Act....................104
42. WT/DS161 and WT/DS169 Korea – Measures Affecting Imports of Fresh, Chilled,
and Frozen Beef.........................................................................................................105
43. WT/DS162 – United States – Anti-Dumping Act of 1916 ........................................105
44. WT/DS166 – United States – Definitive Safeguard Measure on Imports of Wheat
Gluten from the Euro pean Communities ...................................................................105
45. WT/DS170 – Canada – Patent Protection Term........................................................105
46. WT/DS177 and WT/DS178 – United States – Safeguard Measure on Imports of
Fresh, Chilled or Frozen La mb from New Zealand...................................................106
47. WT/DS179 – United States – Anti-Dumping Measures on Stainless Steel Plate in
Coils and Stainless Steel Sheet and Strip from Korea ...............................................106
VII. SETTLED OR INACTIVE CASES ....................................................................................106
A. MUTUALLY AGREED  SOLUTI ONS..................................................................................106
1. WT/DS5 – Korea - Measures Concerning the Shelf-life of Products........................106
2. WT/DS6 – United States - Imposition of Import Duties on Automobiles from Japan
under Sections 301 and 304 of  the Trade Act of 1974...............................................106
3. WT/DS7, WT/DS12 and WT/DS14 – European Communities - Trade Description of
Scallops......................................................................................................................1 06
4. WT/DS19 – Poland - Import Re gime for Automobiles .............................................107
5. WT/DS20 – Korea - Measures Concerning Bottled Water........................................1076. WT/DS21 – Australia - Measures Affecting the Importation of Salmonids..............107
7. WT/DS28 – Japan - Measures Concerning Sound Recordings .................................107
8. WT/DS35 – Hungary - Export Subsidies in Respect of Agricultural Products .........108
9. WT/DS36 – Pakistan - Patent Protection for Pharmaceutical and Agricultural
Chemical Pr oducts .....................................................................................................108
10. WT/DS37 – Portugal - Patent Protection  under the Industrial Property Act ............108
11. WT/DS40 – Korea - Laws, Regulations and Practices in the Telecommunications
Sector ......................................................................................................................... 108
12. WT/DS42 – Japan - Measures Concerning Sound Recordings .................................108
13. WT/DS43 – Turkey - Taxation of Foreign Film  Revenues .......................................109
14. WT/DS72 – European Communities - Measures Affecting Butter Products ............109
15. WT/DS73 – Japan - Procurement of a Navigation Satellite ......................................10916. WT/DS74 – Philippines - Measures  Affecting Pork and Poultry ..............................109
17. WT/DS83 – Denmark - Measures Affecting the Enforcement of Intellectual Property
Rights......................................................................................................................... 110
18. WT/DS85 – United States - Measures Affecting Textiles and Apparel Products .....110
19. WT/DS86 – Sweden - Measures Affecting the Enforcement of Intellectual Property
Rights......................................................................................................................... 110
20. WT/DS91 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .....................................................................................................110
21. WT/DS92 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .....................................................................................................110
22. WT/DS93 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .....................................................................................................110
23. WT/DS94 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .....................................................................................................111
24. WT/DS96 – India - Quantitative Restrictions on Imports of Agricultural, Textile and
Industrial Pr oducts .....................................................................................................111
25. WT/DS99 – United States - Anti-Dumping Duty on Dynamic Random Access
Memory Semiconductors (DRAMS) of One Megabit or Above from Korea ...........111
26. WT/DS102 – Philippines - Measures Affecting Pork and Poultry ............................111WT/DS/OV/1
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27. WT/DS119 – Australia - Anti-dumping Measures on Imports of Coated Woodfree
Paper Sh eets...............................................................................................................112
28. WT/DS124 – European Communities - Enforcement of Intellectual Property Rights
for Motion Pictures and Television Programs ...........................................................112
29. WT/DS125 – Greece - Enforcement of Intellectual Property Rights for Motion
Pictures and Televi sion Programs..............................................................................112
30. WT/DS151 – United States - Measures Affecting Textiles and Apparel Products ...112
31. WT/DS190 – Argentina – Transitional Safeguard Measures on Certain Imports of
Woven Fabrics of Cotton and Cotton Mixtures Originating in Brazil.......................112
32. WT/DS198 – Romania – Measures on Minimum Import Prices...............................113
33. WT/DS199 – Brazil – Measures Affecting Patent Protection ....................................113
B. OTHE RS....................................................................................................................... ..........114
1. WT/DS1 – Malaysia - Prohibition of Impor ts of Polyethylene and Polypropylene ..114
2. WT/DS9 – European Communities - Duties on Imports of Cereals..........................114
3. WT/DS13 – European Communities - Duties on Imports of Grains .........................114
4. WT/DS15 – Japan - Measures Affecting the Purchase of Telecommunications
Equipment..................................................................................................................114
5. WT/DS17 – European Communities - Duties on Imports of Rice ............................114
6. WT/DS23 – Venezuela - Anti-Dumping Investigation in Respect of Imports of
Certain Oil Country Tubular Goods (OCTG)............................................................115
7. WT/DS25 – European Communities - Implementation of the Uruguay Round
Commitments Concerning Rice.................................................................................115
8. WT/DS32 – United States - Measures Affecting Imports of Women's and Girls' Wool
Coats .......................................................................................................................... 115
9. WT/DS38 – United States - The Cuban Liberty and Democratic Solidarity Act ......115
10. WT/DS39 – United States - Tariff Increases on Products from the European
Communities..............................................................................................................115
11. WT/DS49 – United States - Anti-Dumping Investigation Regarding Imports of Fresh
or Chilled Tomatoes  from Mexico.............................................................................116
12. WT/DS57 – Australia - Textiles, Clothing and Footwear Import Credit Scheme .....116
13. WT/DS77 – Argentina - Measures Affecting Textiles and Clothing.........................116
14. WT/DS88 – United States - Measure Affecting Government Procurement..............116
15. WT/DS89 – United States - Anti-Dumping Duties on Imports of Colour Television
Receivers from Korea ................................................................................................117
16. WT/DS95 – United States - Measure Affecting Government Procurement..............117
17. WT/DS101 – Mexico - Anti-Dumping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States..................................................................................117
18. WT/DS106 – Australia - Subsidies Prov ided to Producers and Exporters of
Automotive Leather ...................................................................................................117
19. WT/DS181 – Colombia – Safeguard Measure on Imports of Plain Polyester Filaments
from Thailand ............................................................................................................118
20. WT/DS193 - Chile – Measures Affecting the Transit and Importation of Swordfish118
21. WT/DS227 – Peru – Taxes on Cigarettes..................................................................118
VIII. SUMMARY ................................................................................................................... ........119WT/DS/OV/1
Page 1
I. PENDING CONSULTATIONS (most recent listed first)
1. WT/DS239 - United States – Certain Meas ures Regarding Anti-dumping Methodology
Complaint by Brazil.  On 17 September 2001, Brazil requested consultations with the US in
respect of certain methodologies applied by the US in anti-dumping investigations.  In
particular, Brazil contested the following:
• The application of a de minimis  dumping margin threshold of 0.5% in case of review
investigations. Brazil considered that the US should instead apply a 2% de minimis
dumping margin, as provided for in Article 5.8 of the WTO Anti-dumping
Agreement, in review investigations as we ll as original investigations.  Accordingly,
Brazil alleged that Section 213 of the Uruguay Round Agreements Act and Section
351.106(c) of the Department of Commerce regulations, which appear to provide for
the contested practice, are inconsistent with the WTO Anti-dumping Agreement.
• The "zeroing" methodology applied by the US when calculating the dumping margin
in both investigations and review investiga tions.  Brazil considered that the Panel and
Appellate Body, in EC-Bed-Linen , concluded that "zeroing" is not permitted.  Those
decisions were in the context of an original investigation.  Brazil is convinced that the
zeroing methodology may not be applied in review investigations, either, as it is
inconsistent with the WTO Anti-dumping Agreement.
• According to Brazil, the above methodologies of the US are inconsistent with Articles
2.4.2, 5.8, 9.3, 11.1, 11.2 and 18.3 of the WTO Anti-dumping Agreement.
On 28 September 2001, Thailand requested to join the consultations on the grounds that it had
a substantial trade interest in the matter.
2. WT/DS238 - Argentina – Definitive Safeguard Measure on Imports of Preserved
Peaches
Complaint by Chile.  On 14 September 2001, Chile requested consultations with Argentina in
respect of a definitive safeguard measure which Argentina applies on imports of peaches
preserved in water containing added sweetening matter, including syrup, preserved in any
other form or in water.  According to Chile:
• Argentina's definitive safeguard measure are inconsistent include Articles 2, 4, 5 and 12
of the Agreement on Safeguards, and Article XIX:1 of GATT 1994.
• The definitive safeguard measure does not comply with the relevant WTO rules and
seriously affects the competitiveness of Chilean peaches in the Argentinean market.  Inparticular, Chile considered that Argentina failed to respect the requirements of
Article XIX:1 of GATT 1994 as regards the existence of "unforeseen developments" andof an increase of imports.
• Chile was of the opinion that the conclusions derived from the investigation carried out
by the Government of Argentina do not support a finding of injury to the domestic
industry or threat of injury.
• Chile also claimed that the investigating auth ority did not take into account the existence
of other factors when attributing the injury allegedly suffered by the domestic industry
exclusively to an alleged increase of imports.
• In addition, Chile considered that the level of the definitive safeguard measure is so high
that it is equivalent to an import prohibition.WT/DS/OV/1
Page 2
3. WT/DS237 – Turkey – Certain Import Procedures for Fresh Fruits
Complaint by Ecuador. On 31 August 2001, Ecuador requested consultations with Turkey
concerning certain import procedures for fresh fruits and, in particular, bananas.  The
procedure requires, according to Ecuador, the issuance by the Turkish Ministry of Agriculture
of a document, known as "Kontrol Belgesi".  Ecuador explained that this procedure is
established under the "Communiqué for Standardization in Foreign Trade" published by theUnder-Secretariat of Foreign Trade in the Official Journal 24271 of 25 December 2000
(Annex 1 thereof).  Ecuador alleged that this procedure, as applied by the Turkish authorities,
is a barrier to trade which is inconsistent with the obligations of Turkey under GATT 1994,
the Agreement on the Application of Sanitary and Phytosanitary Measures, the Agreement on
Import Licensing Procedures, the Agreement on Agriculture and the GATS.  In particular,
Ecuador considered that the provisions of the WTO agreements with which Turkey’s
"Kontrol Belgesi" procedure appears to be  inconsistent include the following:
• Articles II, III, VIII, X and XI of the GATT 1994;
• Articles 2.3 and 8 and Annexes B and C of th e Agreement on the Application of Sanitary
and Phytosanitary Measures
• Paragraphs 2, 3, 5 and 6 of Article 1 of the Agreement on Import Licensing Procedures;
• Article 4 of the Agreement on Agriculture; and
• Articles VI and XVII of the General Agreement on Trade in Services (GATS).…
The EC requested to be joined in the consultations.
4. WT/DS236 - United States – Preliminary De terminations with respect to Certain
Softwood Lumber from Canada
Complaint by Canada.  On 21 August 2001, Ca nada requested consultations with the US
concerning the preliminary countervailing duty determination and the preliminary critical
circumstances determination made by the US Department of Commerce on 9 August 2001,
with respect to certain softwood lumber from Canada.  In particular, Canada's request regards
the following:
• As far as the preliminary countervailing duty determination is concerned, Canada
considered this determination to be inconsistent with U.S. obligations under Articles 1, 2,
10,14, 17.1, 17.5, 19.4, and 32.1 of the SCM Agreement and Article VI(3) of GATT1994.  With respect to the preliminary critical circumstances determination, Canada
considered this determination to be inconsistent with Articles 17.1, 17.3, 17.4, 19.4 and
20.6 of the SCM Agreement.
• Canada also requested consultations with the US concerning certain US measures that,
inter alia , fail to provide for company-specific expedited reviews or administrative
reviews in countervailing duty cases in which the investigation was conducted on anaggregate or country-wide basis, and that mandate that a single country-wide duty rate
calculated in an administrative review supersedes all individual rates previously
determined in the countervailing duty proceeding.  Canada alleged these measures are
inconsistent with U.S. obligations under Article VI:3 of the GATT 1994 and Articles 10,
19.3, 19.4, 21.1, 21.2 and 32.1 of the SCM Agreement.
• Canada also considered that the United States has failed to ensure that its laws and
regulations are in conformity with its WTO obligations as required by Article 32.5 of theSCM Agreement and Article XVI:4 of the WTO Agreement.
Given the immediate and significant trade impact of the affirmative preliminary
countervailing duty and critical circumstances determinations, Canada requested urgentWT/DS/OV/1
Page 3
consultations pursuant to Article 4.8 of the DSU.  Although accepting Canada's request to
enter into consultations, the US did not accept this to be a case of urgency for the purposes of
Article 4.8 of the DSU since the measures in question involve the posting of bond for or
deposit of preliminary duties which could be refunded in whole or in part.
5. WT/DS235 - Slovakia – Safeguar d Measure on Imports of Sugar
Complaint by Poland.  On 11 July 2001, Poland requested consultations with Slovakia
concerning the quantitative restrictions imposed by Slovakia on imports of sugar (tariff
heading 1701).  The imposition of the measure in question was notified to the Committee on
Safeguards and circulated in document G/ SG/N/10/SVK/1.  Poland considered that this
safeguard measure has been imposed in a manner inconsistent with Slovakia's obligations
under the Safeguards Agreement.  According to Poland, it appeared that Slovak authorities
acted inconsistently with various provisions of the Safeguards Agreement, namely,Article 3.1, Article 4.2(b), Article 5.2(a), Article 7.4, Article 12.1(b), Article 12.1(c) and
Article 12.3
Poland considered that the investigation and the safeguard measure imposed have nullified or
impaired the benefits accruing to Poland directly or indirectly under the SafeguardsAgreement.
6. WT/DS233 – Argentina – Measures Affectin g the Import of Pharmaceutical Products
Complaint by India.  On 25 May 2001, India requested consultations with Argentina
concerning Argentina's Law No. 24.766 and Decr ee No. 150/92. According to India, these
measures constitute unnecessary obstacles to international trade and prevent Indian
medicines, drugs and other pharmaceuticals from entering into the Argentinean market, thus
discriminating against Indian drugs vis-à-vis  like products of other countries and of
Argentina.
According to India, the above measures require that before entering the Argentinean market,
all drugs and other pharmaceuticals must be registered with the National Administration of
Drugs, Foodstuffs and Medical Technology, Ministry of Health of Argentina. The above
Decree contains two annexes listing countries.
• In respect of Annex I countries, pharmaceutical products are required to be manufactured
in facilities approved by the relevant governmental bodies of these countries or by theArgentinean Ministry of Health and meet the National Health Authority's manufacturing
and quality control requirements.
• In respect of Annex II countries, manufacturing facilities are required to be inspected and
approved by the Ministry of Health of Argentina before export of these pharmaceutical
products into Argentina.
According to India, it does not figure in either of those two annexes. This alleged
discrimination would have led to total lack of market access for Indian drugs and
pharmaceutical products in Argentina.  India considered that infringement of the following
provisions have taken place:
• Articles 2 (especially 2.2), 5 (especially 5.1 and 5.2) and 12 of the TBT Agreement
• Articles I and III of the GATT 1994; and
• Article XVI:4 of the Agreement establishing the WTO.WT/DS/OV/1
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7. WT/DS232 – Mexico – Measures Affe cting the Import of Matches
Complaint by Chile.  On 17 May 2001, Chile requested consultations with Mexico in respect
of a series of Mexican laws and regulations which are alleged to constitute unnecessary
barriers to the import of Chilean matches. Ac cording to Chile, pursuant to these laws and
regulations, matches have been classified in Mexico as an explosive and hazardous product,
due to a confusion between the chemical element " fósforo " (phosphor) and " fosfóros
(o cerillos) de seguridad " (matches). As a result, Chilean matches have been subject to
control by the National Defense Ministry and, consequently, to a series of requirements
regarding packaging, entry, liquidation, transportation and storage applicable to explosives
and other hazardous substances, with the aim of providing protection to the Mexican industry.
According to Chile, these measures are inconsistent with, inter alia , the following provisions:
• Articles 1, 2 and 5 of the TBT Agreement;
• Articles 1, 3 and 5 of the Agreemen t on Import Licensing Procedures; and,
• Article III:4 of the GATT 1994.
8. WT/DS230 – Chile – Safeguard Measures and Modification of Schedules regarding
Sugar
Complaint by Colombia. On 17 April 2001, Colombia requested consultations with Chile
concerning:
(1) definitive safeguard measures imposed by Chile on 20 January 2000 in respect of a
number of agricultural products, including sugar, and extended in November 2000 for
the duration of one year; and
(2) Chile's decision of 14 March 2001 not to recognize Colombia's substantial interest to
be consulted with respect to the modification of concessions regarding, inter alia ,
refined sugar (HS sub-heading 17.01.99.00).
In November of 2000, Chile had notified its intent ion to modify these concessions pursuant to
Article XXVIII of GATT 1994. According to Colombia, the above measures are inconsistent
with Chile's obligations under the following provisions:
• Articles 2, 3, 4, 5, 7, 9 and 12 of the Safeguards Agreement;
• Articles II, XIX and XXVIII of GATT 1994; and
• the Understanding on the Interpretation of Article XXVIII of the GATT 1994 and the
Guidelines of 10 November 1980 regarding Procedures for Negotiations under
Article XXVIII.
According to Colombia, the Chilean measures, taken together or individually, appear to
nullify and impair benefits accruing to Colombia under the cited agreements.  As indicated by
Colombia in its request, this new request repla ces in its totality the request for consultations
by Colombia circulated as WT/DS228/1.
9. WT/DS229 – Brazil – Anti-Dumping Du ties on Jute Bags from India
Complaint by India.  On 9 April 2001, India requested consultations with Brazil concerning:
• the determination by the Brazilian government to continue to impose anti-dumping duties
on jute bags and bags made of jute yarn from India, based on an allegedly forgeddocument regarding dumping margin attributed to a non-existing Indian company;WT/DS/OV/1
Page 5
• its refusal to reconsider the decision to continue anti-dumping duties on Indian jute
products despite the fact that the non-existence of that company was brought to the notice
of the authorities;
• non-consideration of the fresh evidence regarding cost of production, domestic sales
prices, export prices, etc., of Indian jute manufacturers, and refusal to initiate review of
the decision to impose anti-dumping duties;
• the general practice of Brazil regarding review and imposition of anti-dumping duties;
and
• Brazilian anti-dumping laws and regulations, including, but not limited to, Article 58 of
Decree No. 1.602 of 1995.
According to India, the provisions with wh ich these determinations and legal provisions
appear to be inconsistent include, but are not limited to, the following:
• Articles VI and X of GATT 1994;
• Articles 1, 2, 3, 5, 6 (especially 6.6, 6.7, 6.8 and Annex II, 6.9, 6.10), 11, 12, 17.6(i), 18.3,
18.4; and
• Article XVI of the WTO Agreement.
In addition, the determination to continue the anti-dumping duties allegedly nullifies and
impairs benefits accruing to India under, or ot herwise impedes the attainment of objectives of,
the cited agreements.
10. WT/DS228 – Chile – Safeguard Measures on Sugar
Complaint by Colombia.  On 19 March 2001, Colombia requested consultations with Chile
concerning definitive safeguard measures relating to sugar.  This request was replaced by that
in dispute WT/DS230 above.
11. WT/DS226 – Chile – Provisional Safeguard Measure on Mixtures of Edible Oils
Complaint by Argentina.  On 19 February 2001, Argentina requested consultations with Chile
concerning a provisional safeguard measure on imports of mixed edible oils (tariff heading
1517.9000 of the Chilean Harmonised System), adopted by the Chilean authorities on 11
January 2001, and consisting of an ad valorem  duty of 48% on imports of those products. On
10 January 2001 the notification by Chile of the initiation of the investigation was circulated
as document G/SG/N/6/CHL/5, and on 19 January 2001 the notification of the
recommendation by the Chilean investigating authority to impose a provisional safeguard
measure was circulated as document G/SG /N/7/5/Suppl.1. According to Argentina:
• Chile did not comply with its obligation pursuant to Article 12.4 of the Safeguards
Agreement (SA) to hold consultations imme diately following adoption of the measure.
• Argentina also opined that there is no clear definition of like or directly competitive
product, the affected domestic industry, or the period of investigation during which the
performance of imports was assessed.
• In addition, as regards the assessment of injury or threat of injury, in Argentina's view, it
is not clear from a preliminary analysis with respect to which industry such assessment
was made, since it appears that the data used do sometimes not relate to the same
industry.
• Furthermore, Argentina argued that there does not seem to be clear evidence of a causal
link between increased imports and the threat of serious injury to the domestic industry.WT/DS/OV/1
Page 6
• Argentina also considered that the investig ating authority did not take into account
"factors other than increased imports causing injury to the domestic industry at the same
time," as provided for by Article 4.2(b) SA.
• Finally, the notification does not indicate the reasons why any delay could cause
irreparable damage to the domestic industry, and, therefore, does not establish the
existence of "critical circumstances".
• Argentina believed that the said provisional safeguard measure is inconsistent with
Chile's obligations under Article XIX of GATT 1994 and the SA, including, but not
limited to, Articles 2, 4, 6 and 12.
12. WT/DS225 – United States – Anti-dumping  duties on Seamless Pipe from Italy
Complaint by the European Communities.  On 5 February 2001, the EC requested
consultations with the US concerning anti-dumping duties imposed by the US on imports of
seamless line and pressure pipe ("seamless pipe") from Italy.  The request relates in particularto the final results of a sunset review of the measure, carried out by the US Department of
Commerce (DOC) and published in the federal register on 7 November 2000.  It also covers
certain aspects of the procedures followed by the DOC for initiating sunset reviews which are
contained in Section 751 c) of the Tariff Act of 1930 and in the implementing regulations
issued by the DOC.
With regard to the final results of the sunset review, the EC considered that:
• the DOC's finding that the revocation of the anti-dumping order was likely to lead to the
continuation of dumping is inconsistent with the obligations of the United States under
the Anti-Dumping Agreement and, in particular is in breach of Articles 5.8, 11.1 and 11.3
thereof.
• The EC noted that in this instance the DOC  has found in the sunset review that dumping
will continue at a rate of 1,27%, which is below the 2% de minimis  threshold for new
investigations in Article 5.8 which, in the view of the EC, applies also in sunset reviews
of anti-dumping measures.
• In addition, according to the EC, the DOC should have made a positive demonstration to
the effect that the expiry of the measures would be likely to lead to, inter alia , the
continuation or recurrence of dumping, whereas it has only found that dumping of less
than de minimis  level will continue.  This was, in the view of the EC, not sufficient to
justify the continuation of the measure.
With regard to the initiation of the sunset review, the EC considered that:
• the procedure used was inconsistent with Articles 11.1, 11.3, and 18.4 of the
Anti-Dumping Agreement and with Article XVI.4 of the Agreement establishing the
WTO.
• The EC considered that by self-initiating sunset reviews without positive evidence, and
by not requiring such evidence from its domestic industry for initiation, the DOC is
unreasonably shifting the burden of proof in sunset reviews to exporters.
• In the view of the EC, by placing all respondents (domestic industry and exporters) on the
same footing in the investigation, the DOC had removed the appropriate threshold for
initiation of reviews foreseen in Article 11.3 of the Anti-Dumping Agreement.
13. WT/DS224 – United States – US Patents Code
Complaint by Brazil.  On 31 January 2001, Brazil requested consultations with the US
concerning the provisions of the United States  Patents Code (US Patents Code), in particularWT/DS/OV/1
Page 7
those of Chapter 18 [38] – " Patent Rights in Inventions Made with Federal Assistance".
Brazil detected several discriminatory elements in the US Patents Code, including, but not
limited to, the following examples:
• the stipulation that no small business firm or non-profit organization which receives title
to any subject invention shall grant to any pe rson the exclusive right to use or sell any
subject invention in the US unless such person agrees that any products embodying thesubject invention or produced through the use of the invention will be manufactured
substantially in the US.
• Brazil also referred to a requirement that each funding agreement with a small business
firm or non-profit organization shall contain appropriate provisions to effectuate theabove-mentioned requirement; and
• the statutory restrictions limiting the right to use or sell any federally owned invention in
the US only to a licensee that agrees that any products embodying the invention or
produced through the use of the invention will be manufactured substantially in the US.
Brazil requested consultations with the US on these and other provisions of the US Patents
Code, to "understand how the US justifies the consistency of such requirements with its
obligations under the TRIPs Agreement, especially Articles 27 and 28, the TRIMs
Agreement, Article 2 in particular, and Articles III and XI of GATT 1994".
14. WT/DS223 – European Communities – Tarif f-Rate Quota on Corn Gluten Feed from
the United States
Complaint by the United States.  On 25 January 2001, the US requested consultations with the
EC concerning the application by the EC of a tariff-rate quota (TRQ) on corn gluten feed
imported from the US. On 20 August 1998, the EC imposed a TRQ of 5 Euros per metric ton(MT) on the first 2,730,000 MT of corn gluten feed imported into the EC from the US. The
TRQ was made applicable beginning on the earlier of 1 June 2001 or 5 days after the date of
the DSB's adoption of a decision that the US safeguard measure on wheat gluten was
incompatible with the WTO Agreements. The EC cited Articles 8.2 and 8.3 of the Safeguards
Agreement as authority for this measure.
According to the US:
• EC representatives stated that the DSB adoption of its recommendations and rulings in
US – Definitive Safeguard Measures on Imports of Wheat Gluten from the EC  triggers the
application of the TRQ.
•  the EC provided written notification of this measure to the Committee on Safeguards and
the Council for Trade in Goods, but never placed the measure on the agenda of theCouncil for Trade in Goods.
• the EC at no point consulted with the US on how measures imposed by the EC might
meet the requirement to maintain substantially equivalent levels of concessions and otherobligations to that existing under the GATT 1994.
• In the view of the US, it therefore appears that the corn gluten feed TRQ does not satisfy
the requirements of Articles 8.1, 8.2, and 8.3 of the Safeguards Agreement for a Member
to suspend concessions or other obligations.
• In the view of the US, the imposition of th e TRQ on corn gluten feed imported from the
US appears to be inconsistent with Articl es I, II and XIX of the GATT 1994, and Articles
8.1, 8.2, and 8.3 of the Safeguards Agreement.
• According to the US, the EC's measures also appear to nullify or impair the benefits
accruing to the US directly or indirectly under the cited agreements.WT/DS/OV/1
Page 8
15. WT/DS220 – Chile – Price Band System and Safeguard Measures relating to Certain
Agricultural Products
Complaint by Guatemala.  On 5 January 2001, Guatemala requested consultations with Chile
concerning:
(1) the Chilean legislation regarding safeguards and price band systems, including Law
18.525, as subsequently amended by Law 18.591 and Law 19.546, as well as
implementing regulations and complementary and/or amending provisions;
(2) the initiation of an investigation regarding products subject to the price band system
contained in notification (G/SG/N/6/CHL/ 2), the conduct of the investigation, the
preliminary determination contained in notification (G/SG/N/7/CHL/2/Suppl.1), and
the definitive determination contained in notifications (G/SG/N/8/CHL/1),
(G/SG/N/10/CHL/1), (G/SG/ N/8/CHL/1/Suppl.1) and (G /SG/N/10/CHL/1/Suppl.1);
these notifications indicate that wheat, wheat flour, sugar and edible vegetal oils are
subject to said safeguard measures;
(3) the request for an extension of these measures contained in notifications
(G/SG/N/10/CHL/1/Suppl.2) and (G /SG/N/10/CHL/1/Suppl.2/Corr.1).
Guatemala considers that the measures referred to:
• under (1) are inconsistent with, inter alia , Article II of GATT 1994 and Article 4 of the
Safeguards Agreement,
• under (2) are inconsistent with, inter alia , Articles 2, 3, 4, 5, 6 and 12 of the Safeguards
Agreement, and Article XIX:1 of GATT 1994, and
• under (3) appears to be inconsistent with, inter alia , Chile's obligations under GATT 1994
and Articles 2, 3, 4, 5, 6, 8 and 12 of the Safeguards Agreement.
16. WT/DS218 – United States- Countervailing Duties on Certain Carbon Steel Products
from Brazil
Complaint by Brazil.  On 21 December 2000, Brazil requested consultations with the US
concerning an aspect of US countervailing dut y practice and the imposition of countervailing
duties on certain carbon steel products originating in Brazil. Brazil is concerned with the
practice of the United States of applying its countervailing duty laws so as to consistently find
that privatized companies benefit from pre-privatization subsidy benefits, and the
unwillingness of the United States to bring its practice into conformity with the SCM
Agreement.  In addition, Brazil is concerned with the results of a continued imposition of anorder and a final countervailing duty decision by the United States based on a finding that the
benefits from equity infusions provided to companies prior to their privatization are passed
through to the companies following a change in ownership and control.
This is, in the view of Brazil, illustrated by two measures:(1) the decision by the United States to continue a countervailing order on certain cut-to-
length plate from Brazil, following a five-year review, based on a finding that
subsidization from pre-privatization equity infusions would continue if the order were
revoked; and
(2) the decision by the United States in its continued final countervailing duty
determination related to exports of certain hot-rolled steel from Brazil, and the legaleffects thereof.WT/DS/OV/1
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Brazil considered that findings that three companies were benefitting from subsidies provided
prior to their privatization are in breach of Articles 1.1(b), 10, 14, 19 and 21 of the SCM
Agreement, in so far as they are based on supposed benefits from equity infusions granted to
the companies prior to their privatization. In addition, Brazil considers that the decision not to
terminate the investigation is in breach of Article 11.9 of the SCM Agreement. Brazil notes
that the Commerce Department relied on the same analysis of subsidization following aprivatization, which was found to be inconsistent with WTO obligations by the Appellate
Body in the case on United States – Imposition of Countervailing duties on Certain Hot-
Rolled Lead and Bismuth Carbon Steel Products originating in the United Kingdom .
17. WT/DS216 – Mexico – Provisio nal Anti-Dumping Measure on Electric Transformers
Complaint by Brazil.  On 20 December 2000, Brazil requested consultations with Mexico
concerning the 17 July 2000 provisional anti-dumping measure on electronic transformershaving a power of more than 10.000 KVA, classified under tariff line 8504.23.01 of the
General Import Law, from Brazil.  Brazil considered that the above determination and the
resulting provisional measures are inconsistent with Mexico's obligations under the AD
Agreement and the GATT 1994, in particular:
• Articles 5.2, 5.3 and 5.8 of the AD Agreement (lack of sufficient evidence of dumping,
injury and causation);
• Article 5.8 of the AD Agreement (failure by Mexico to terminate the investigation
"promptly" when presented with evidence that it was factually impossible to find
dumping or injury during the period of investigation);
• Article 6.8 and Annex II of the AD Agreement (use by Mexico of "best information
available" in a manner inconsistent with the requirements established in those provisions);
• Article 7.1(i) of the AD Agreement (imposit ion by Mexico of provisional measures
pursuant to an investigation which was not initiated in accordance with Article 5 of the
AD Agreement);
• Article 7.1(ii) of the AD Agreement (imposition by Mexico of provisional measures
without a valid preliminary determination of: (1) dumping, as defined in Article 2 of the
AD Agreement; (2) injury, as defined under Articles 3.4 and 3.7 of the AD Agreement).
18. WT/DS215 – Philippines – Anti-Dumping Me asures regarding Polypropylene Resins
from Korea
Complaint by Korea.  On 15 December 2000, Korea requested consultations with the
Philippines concerning the Preliminary and Final Determinations of the Tariff Commission of
the Philippines on Polypropylene Resins from Korea, dated 15 November 1999 and
11 September 2000 respectively.  Korea considered that errors were made by the Philippinesin those determinations which resulted in erroneous findings and defective conclusions with
regard to, among others, like product, dumping, injury, and causality, as well as the
imposition, calculation and collection of anti-dumping margins which are incompatible with
the obligations of the Philippines under the provisions of the Anti-Dumping Agreement, in
particular, but not necessarily limited to, Articles 2, 3, 5, 6 (including Annex II), 7, 9, and 12,and Article VI of GATT 1994.
19. WT/DS209 – European Communities – Measures Affecting Soluble Coffee
Complaint by Brazil.  On 12 October 2000, Brazil requested consultations with the EC
concerning measures applied under the EC's Generalized System of Preferences scheme
(GSP) that affect imports of soluble coffee originating in Brazil. The measures in question
include:WT/DS/OV/1
Page 10
(1) the "graduation" mechanism, which progressively and selectively reduces or
eliminates preferences granted to specific products and/or beneficiary countries under
the GSP scheme; in the case of Brazilian soluble coffee, preferential treatment has
been progressively reduced and finally eliminated on 1 January 1999; and
(2) the "drugs regime", which confers a special preferential treatment for products
originating in the Andean and Central American Common Market countries that are
conducting a campaign to combat drugs; in the case of soluble coffee, this special
preferential treatment currently amounts to duty free access of exports originating in
those countries into the EC's market.
As Brazil currently understands, the EC legislat ion that establishes the special treatment for
products – among which soluble coffee – is Council Regulation (EC) No. 1256/96, dated20 June 1996, and current Council Regulation (EC) No. 2820/98, dated 21 December 1998.
Brazil considered that the above measures, both separately and jointly, adversely affect the
importation into the EC of soluble coffee originating in Brazil. Brazil alleged that these
measures are inconsistent with the obligations of the EC under the 1979 Decision of the
GATT Contracting Parties on Differential and More Favourable Treatment, Reciprocity andFuller Participation of Developing Countries (Enabling Clause), as incorporated in GATT
1994, and under Article I of GATT 1994. Brazil considered that these measures nullify or
impair the benefits accruing to Brazil directly or indirectly under the cited provisions.
20. WT/DS208 – Turkey – Anti-Dumping Duty  on Steel and Iron Pipe Fittings
Complaint by Brazil.  On 9 October 2000, Brazil requested consultations with Turkey
concerning the anti-dumping duty on steel and iron pipe fittings from Brazil, imposed by
communication No. 2000/3 (published in the Turkish official gazette on 26 April 2000).
Brazil considered that Turkey failed to ensu re proper notifications in this case, that its
establishment of the facts was not proper, and that its evaluation of these facts was notunbiased nor objective, particularly in relation to:
(1) the initiation of the investigation;
(2) the conduct of the investigation, including the evaluation, findings and determinations
of dumping and injury;
(3) the evaluation, findings and determinations of the causal link between dumping and
injury;
(4) the imposition of the anti-dumping duty.
Brazil considered that Turkey has acted inconsistently with the following provisions:
Article VI of the GATT 1994; Article 2 of the Anti-Dumping Agreement (including
paragraphs 2.1, 2.2, 2.4 and 2.6); Article 3 of the Anti-Dumping Agreement (includingparagraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7) Article 5 of the Anti-Dumping Agreement
(including paragraphs 5.2, 5.3, 5.5, 5.7 and 5.8); Article 6 of the Anti-Dumping Agreement
(including paragraphs 6.1, 6.2, 6.4, 6.6, 6.9 and 6.10); Article 12 of the Anti-Dumping
Agreement (including paragraphs 12.1 and 12.2); Article 15 of the Anti-Dumping Agreement.
21. WT/DS205 – Egypt - Import Prohibitio n on Canned Tuna with Soybean Oil
Complaint by Thailand.  On 22 September 2000, Egypt requested consultations with Thailand
concerning the prohibition imposed by Egypt on importation of canned tuna with soybean oil
from Thailand, pursuant to Letter dated 2 January 2000 of the Ministry of Economy and
Foreign Trade of Egypt and Circular Note no. 5 of the Year 2000 issued on 13 January 2000by the Customs Authority of Egypt. Thailand considered that, through the above-mentioned
measures, the Arab Republic of Egypt failed to carry out its obligations under the followingWT/DS/OV/1
Page 11
provisions of the Marrakesh Agreement Establishing the World Trade Organization:
Articles I, XI, and XIII of the GATT, and Arti cles 2, 3 and 5, and Annex B, paragraph 2 and
paragraph 5, of the SPS Agreement.
22. WT/DS204 – Mexico – Measures Affecting Telecommunications Services
Complaint by the United States.  On 17 August 2000, the US requested consultations with
Mexico in respect of Mexico's commitments and obligations under the GATS with respect to
basic and value-added telecommunications services.  According to the United States, since
the entry into force of the GATS, Mexico has adopted or maintained anti-competitive and
discriminatory regulatory measures, tolerated certain privately-established market access
barriers, and failed to take needed regulatory action in Mexico's basic and value-added
telecommunications sectors.  In the view of the United States, Mexico has, for example,
• enacted and maintained laws, regulations, rules, and other measures that deny or limit
market access, national treatment, and additional commitments for service suppliers
seeking to provide basic and value-added telecommunications services into and within
Mexico;
• failed to issue and enact regulations, permits, or other measures to ensure implementation
of Mexico's market access, national treatment, and additional commitments for servicesuppliers seeking to provide basic and value-added telecommunications services into and
within Mexico;
• failed to enforce regulations and other measures to ensure compliance with Mexico's
market access, national treatment, and additional commitments for service suppliersseeking to provide basic and value-added telecommunications services into and within
Mexico;
• failed to regulate, control and prevent its major supplier, Teléfonos de México
("Telmex"), from engaging in activity that denies or limits Mexico's market access,
national treatment, and additional commitments  for service suppliers seeking to provide
basic and value-added telecommunications services into and within Mexico; and
• failed to administer measures of general application governing basic and value-added
telecommunications services in a reasonable, objective, and impartial manner, ensure that
decisions and procedures used by Mexico's telecommunications regulator are impartial
with respect to all market participants, and ensure access to and use of public
telecommunications transport networks and services on reasonable and non-discriminatory terms and conditions for the supply of basic and value-added
telecommunications services.
The United States considered that the alleged action and inaction on the part of Mexico may
be inconsistent with Mexico's GATS commitments and obligations, including Articles VI,XVI, and XVII; Mexico's additional commitments under Article XVIII as set forth in the
Reference Paper inscribed in Mexico's Schedule of Specific Commitments, including Sections
1, 2, 3, and 5; and the GATS Annex on Telecommunications, including Sections 4 and 5. On
10 November 2000, the United States requested the establishment of a panel. On the same
date, the United States notified to the DSB a request for consultations concerning severalrecent measures adopted by Mexico affecting trade in telecommunication services. At its
meeting on 12 December 2000, the DSB deferred establishment of a panel.
23. WT/DS203 – Mexico – Measures A ffecting Trade in Live Swine
Complaint by the United States. On 10 July 2000, the US requested consultations with
Mexico in respect of Mexico's 20 October 1999 definitive anti-dumping measure on live
swine for slaughter (merchandise classified under tariff classification 0103.92.99 of theGeneral Import Law) exported from the United States, independently from the country orWT/DS/OV/1
Page 12
origin, and actions by Mexico in the conduct of the anti-dumping investigation resulting in
that measure.  The US considered that:
(i) Mexico made a determination of threat of material injury in contravention of
Articles 3 and 12 of the Anti-Dumping Agreement, by failing to:
• evaluate all relevant economic factors and indices having a bearing on the state of
the industry;
• perform an objective examination of the consequent impact of imports found to
be dumped on domestic producers of the like product;
• determine that there was a clearly foreseen and imminent change in
circumstances that would create a situat ion in which dumping of imports of live
swine of a weight more than or equal to 50 kilograms and less than 110 kilograms
would cause injury; and
• determine that material injury would occur unless protective action were taken.
(ii) The US further considered that Mexico failed to comply with the requirements of
Article 6 of the Anti-Dumping Agreement, by failing to:
• provide respondent US exporters with timely opportunities to see and prepare
presentations on the basis of all information used by the investigating authoritythat is relevant to the anti-dumping investigation; and
• inform respondent US exporters, before the final determination was made, of the
essential facts under consideration which form the basis of Mexico's decision to
apply definitive measures.
(iii) In addition, the US request concerned three sets of measures affecting trade in live
swine (merchandise classified under tariff classification 0103 of the General Import
Law) exported from the United States.  The US considered that those three sets of
Mexican measures are restricting or prohibiting the entry of US live swine:
• according to the US, Mexico has prohibited the importation of certain swine if
they exceed 110 kilograms in weight.
• notwithstanding the alleged ban on importation, Mexico allegedly maintains
sanitary restrictions, including inspection and quarantine measures, on theimportation of swine weighing 110 kilograms or more, which are applied to
neither smaller imported swine nor domestic Mexican swine.  The US considered
such application of more restrictive sanitary measures against larger imported
swine to constitute arbitrary and unjustified discrimination and that thesemeasures are maintained without sufficient scientific evidence and are not based
on a risk assessment.
The US understands that Mexico may have adopted technical regulations, not constituting
sanitary measures, that are applicable to imported swine but not to domestic swine.
In the view of the US the aforementioned three measures are inconsistent with Mexico's
obligations under:
(i)  Articles 2.2, 2.3, 3, 5.1, 5.6, 7 and 8 of the SPS Agreement;
(ii) Article 4.2 of the Agriculture Agreement;
(iii) Articles 2 and 5 of the TBT Agreement; and
(iv) Articles III:4 and XI:1 of the GATT 1994.WT/DS/OV/1
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24. WT/DS201 – Nicaragua – Measures Affecting Imports from Honduras and
Colombia (II)
Complaint by Honduras. On 26 June 2000, Honduras requested consultations with Nicaragua
in respect of Law 325 of 1999 whereby a tax is established on goods and services coming
from or originating in Honduras and Colombia  as well as implementing Decree 129-99 and
Ministerial Order 041-99.  Honduras considered that Law 325 of 1999 and implementingDecree 129-99 are incompatible with Nicaragua's obligations under the GATT 1994, and in
particular Articles I and II thereof, and that the aforementioned measures as well as
Ministerial Order 041-99 are incompatible with Nicaragua's obligations under Articles II and
XVI of the GATS.
25. WT/DS200 – United States – Section 306 of the Trade Act of 1974 and Amendments
Thereto
Complaint by the European Communities. On 5 June 2000, the EC requested consultations
with the US concerning Section 306 of the Trad e Act of 1974, as last amended by Section 407
of the Trade and Development Act of 2000 (Public Law 106-200).  The EC considered that
Section 306, as amended, provides for a mandatory and unilateral revision of the list of
products subject to suspension of GATT 1994 concessions or other Section 301(a) action 120days after the application of the first suspension and then every 180 days thereafter, in order
to affect imports from Members which have been determined by the United States not to have
implemented recommendations made pursuant to a WTO dispute settlement proceeding.  In
particular, the EC alleged that:
• Section 306, as amended, is in breach of the DSU since it mandates unilateral action
without any prior multilateral control.
• the measure mandates suspension of or threats to suspend concessions or other
obligations other than those on which authorisation was granted by the DSB.  As a
practical result, all US concessions bound in its Schedule of commitments under the
GATT 1994 can, according to the EC, be unilaterally modified at will.
• the measure is in breach of the obligation of equivalence, in that it creates a structural
imbalance between the cumulative level of the suspension of concessions and the level of
nullification and impairment as determined under relevant DSU procedures.
• the measure creates a chilling effect on the market-place, thus affecting the security and
predictability of the multilateral trading system.
Hence, the EC considered that Section 306 of the Trade Act of 1974, as amended by
Section 407 of the Trade and Development Act of 2000, is inconsistent with, in particular, the
following WTO provisions: Articles 3.2, 21.5, 22 and 23 of the DSU; Article XVI:4 of the
WTO Agreement; and Articles I, II and XI of the GATT 1994.
26. WT/DS197 – Brazil – Measures on Minimum Import Prices
Complaint by the United States.  On 30 May 2000, the US requested consultations with Brazil
concerning the use of the latter's minimum import prices for customs valuation purposes.  The
measures at issue are Decree No. 2.498/98 and other related statutes and regulations, which
establish a system to verify the declared values of imported goods.  The US asserted that
Brazil utilises this verification system – in conjunction with non-automatic import licensing
procedures – to prohibit or restrict the import of  products with declared values below what the
US considers arbitrarily determined minimum prices.  The US considered that Brazil's
measures are inconsistent with its obligations under Articles 1 through 7, and 12 of theCustoms Valuation Agreement; general notes 1, 2 and 4 of Annex 1 of the Customs ValuationWT/DS/OV/1
Page 14
Agreement; Articles II and XI of the GATT 1994; Articles 1 and 3 of the Agreement on
Import Licensing Procedures; Articles 2 and 7 of the Agreement on Textiles and Clothing;
and Article 4.2 of the Agreement on Agriculture.
27. WT/DS196 – Argentina – Certain Measures on the Protection of Patents and Test Data
Complaint by the United States. On 30 May 2000, the US requested consultations with
Argentina concerning Argentina's legal regimes governing patents in Law 24,481 (as
amended by Law 24,572), Law 24,603, and Decree  260/96; and data protection in Law
24,766 and Regulation 440/98, and in other related measures.  The US considered that
Argentina:
• fails to protect against unfair commercial use of undisclosed test or other data, submitted
as a requirement for market approval of pharmaceutical or agricultural chemical
products;
• improperly excludes certain subject matter, including micro-organisms, from
patentability;
• fails to provide prompt and effective provisional measures, such as preliminary
injunctions, for purposes of preventing infringements of patent rights from occurring;
• denies certain exclusive rights for patents, such as the protection of products produced by
patented processes and the right of importation;
• fails to provide certain safeguards for the granting of compulsory licenses, including
timing and justification safeguards for compulsory licenses granted on the basis ofinadequate working;
• improperly limits the authority of its judiciary to shift the burden of proof in civil
proceedings involving the infringements of process patent rights; and
• places impermissible limitations on certain transitional patents so as to limit the
exclusive rights conferred by these patents, and to deny the opportunity for patentees to
amend pending applications in order to claim certain enhanced protection provided by
the TRIPS Agreement.
According to the US, Argentina's legal regimes governing patents and data protection are
therefore inconsistent with Argentina's obligations under the TRIPS Agreement, including
Articles 27, 28, 31, 34, 39, 50, 62, 65 and 70 of the Agreement.
28. WT/DS191 – Ecuador – Definitive Anti-D umping Measure on Cement from Mexico
Complaint by Mexico. On 15 March 2000, Mexico requested consultations with Ecuador
concerning a definitive anti-dumping measure imposed by Ecuador, through publication in
the Official Register No. 361 of 14 January 2000, on imports of cement from Mexico falling
under tariff subheading 2523.29.00, as well as Ecua dor's actions preceding that measure.
Mexico alleged that the definitive anti-dumping measure and the actions that preceded it,including the imposition of the provisional anti-dumping measure and the initiation of the
investigation, violate, inter alia , Articles 1, 2, 3, 4, 5, 6, 7, 9, 12, 18 and Annex II of the Anti-
Dumping Agreement as well as Article VI of the GATT 1994.
29. WT/DS187 – Trinidad and Tobago – Provis ional Anti-Dumping Measure on Macaroni
and Spaghetti from Costa Rica
Complaint by Costa Rica. On 17 January 2000, Costa Rica requested consultations with
Trinidad and Tobago in respect of Legal Notice No. 237 of the Ministry of Trade and Industry
of Trinidad and Tobago, pursuant to which provisional anti-dumping duties are imposed on
the importation of macaroni and spaghetti from Costa Rica, the actions preceding thatWT/DS/OV/1
Page 15
decision (see WT/DS185) as well as the 1992 Anti-Dumping and Countervailing Duties Act
of 1992, as amended by the Anti-Dumping and Countervailing Duties (Amendment) Act of
1995 and the Anti-Dumping and Countervailing Duties Regulations of 1996.  Costa Rica
claimed that these measures are inconsistent particularly with certain paragraphs of Articles 1,
2, 3, 4, 5, 6, 7, 10, 12, 18 as well as Annex I and II of the Anti-Dumping Agreement.
30. WT/DS186 – United States – Section 337 of the Tariff Act of 1930 and Amendments
Thereto
Complaint by the European Communities.  On 12 January 2000, the EC requested
consultations with the US in respect of Section 337 of the US Tariff Act (19 U.S.C. § 1337)
and the related Rules of Practice and Procedure of the International Trade Commission
contained in Chapter II of Title 19 of the US Code of Federal Regulations.  The EC alleged
that those measures violate Article III of GATT 1994 and TRIPS Agreement Articles 2 (inconjunction with Article 2 Paris Convention), 3, 9 (in conjunction with Article 5 Berne
Convention), 27, 41, 42, 49, 50 and 51.
31. WT/DS185 – Trinidad and Tobago – Certain Measures Affecting Imports of Pasta from
Costa Rica
Complaint by Costa Rica.  On 18 November 1999, Costa Rica requested consultations with
Trinidad and Tobago in respect of
(i) the anti-dumping investigation being carried out by Trinidad and Tobago at the
request of the company "Cereal Products Li mited" against imports of pasta from the
Costa Rican company "Roma Prince Sociedad Anónima",
(ii) proceedings undertaken as part of a preliminary hearing prior to the initiation of the
anti-dumping investigation, and
(iii) Articles 3 and 5 of the 1996 Antidumping and Countervailing Duties Regulation of
Tobago and Trinidad.
Costa Rica claimed that these measures are inconsistent with Articles 2, 3, 5, 6 and 12 of the
Anti-Dumping Agreement.
32. WT/DS183 – Brazil – Measures on Import Licensing and Minimum Import Prices
Complaint by the European Communities.  This request, dated 14 October 1999, is in respect
of a number of Brazilian measures, particularly Brazil's non-automatic licensing system and
the minimum pricing practice, which allegedly restrict EC exports - notably of textile
products, Sorbitol and Carboxymethylcellulose (CMC).  The EC claimed that those Brazilian
measures violate, in particular, Articles II, VIII, X and XI of the GATT 1994; Article 4.2 of
the Agreement on Agriculture; Articles 1, 3, 5 and 8 of the Agreement on Import Licensing
Procedures; and Articles 1 through 7 of the Agreement on Implementation of Article VII ofthe GATT 1994.
33. WT/DS182 – Ecuador – Provisional Anti-Dum ping Measure on Cement from Mexico
Complaint by Mexico.  On 5 October 1999, Mexico requested consultations with Ecuador
concerning a provisional anti-dumping measure imposed by Ecuador, through publication inthe Official Register of 14 July 1999, on imports of cement from Mexico falling under tariff
heading 2523.29.00, as well as Ecuador's actions preceding that measure.  Mexico considered
that the provisional anti-dumping measure and the actions preceding it violate, inter alia ,
Articles 1, 2, 3, 4, 5, 6, 7, 9, 12, 18 and Annex II  of the Anti-Dumping Agreement as well as
Article VI of the GATT 1994.WT/DS/OV/1
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34. WT/DS180 – United States – Reclassi fication of Certain Sugar Syrups
Complaint by Canada. On 6 September 1999 Canada requested consultations with the US in
respect of the proposed reclassification of certain sugar syrups by the US Customs Service.
Canada claimed that these US measures are in violation of Article II of the GATT 1994 and
Article 4 of the Agreement on Agriculture.  In  addition, Canada alleged that these measures
nullify or impair benefits accruing to it under the same provisions of the GATT and the
Agreement on Agriculture.
35. WT/DS174 – European Communities – Protection of Trademarks and Geographical
Indications for Agricultural Products and Foodstuffs
Complaint by the United States.  On 1 June 1999, the US requested consultations with the EC
in respect of the alleged lack of protection of trademarks and geographical indications foragricultural products and foodstuffs in the EC.  The US contended that EC Regulation
2081/92, as amended, does not provide national treatment with respect to geographical
indications and does not provide sufficient protection to pre-existing trademarks that are
similar or identical to a geographical indicati on.  The US considered this situation to be
inconsistent with the EC's obligations und er the TRIPS Agreement, including but not
necessarily limited to Articles 3, 16, 24, 63 and 65 of the TRIPS Agreement.
36. WT/DS172 – European Communities – Measures Relating to the Development of a
Flight Management System
Complaint from the United States. On 21 May 1999, the US requested consultations with the
EC in respect of alleged actionable subsidies granted or maintained to a French company,
Sextant Avionique ("Sextant"), to develop a ne w flight management system ("FMS") adapted
to Airbus aircraft.  The US alleged that the French government has agreed to grant, and the
European Commission has approved, a loan, on pr eferential and non-commercial terms, in the
amount of 140 million French francs, to be disbursed over three years, for a project in whichSextant will develop a FMS adapted to Airbus aircraft.  The US considered that this aid:
• is a specific subsidy within the meaning of Articles 1 and 3 of the SCM Agreement,
which subsidy has caused and continues to cause adverse effects within the meaning ofArticle 5 of the SCM Agreement.
• has caused and continues to cause serious prejudice within the meaning of Articles 5(c)
and 6 of the SCM Agreement because the subsidy may involve the direct forgiveness of
debt;
• may displace or impede imports of FMS from the United States into France;
• may displace or impede exports of FMS from the United States to third country markets;
and
• may cause significant price undercutting by the subsidised product as compared with the
price of a like product of another Member in the same market or may cause significantprice suppression, price depression or lost sales in the same market.
• has caused and continues to cause a nullification or impairment of benefits accruing
directly or indirectly to it under GATT 1994 within the meaning of Article XXIII:1(b) of
GATT 1994, and Article 5(b) of the SCM Agreement.WT/DS/OV/1
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37. WT/DS173 – France – Measures Relating to the Development of a Flight Management
System
Complaint by the United States.  On 21 May 1999, the US requested consultations with
France.  This complaint is identical to the one addressed to the EC above (WT/DS172).
38. WT/DS171 – Argentina – Patent Protection for Pharmaceuticals and Test Data
Protection for Agricultural Chemicals
Complaint by the United States.  On 6 May 1999, the US requested consultations with
Argentina in respect of
(i) the alleged absence in Argentina of either patent protection for pharmaceutical
products or an effective system for providing exclusive marketing rights in such
products, and
(ii) Argentina's alleged failure to ensure that changes in its laws, regulations and practice
during the transition period provided under Article 65.2 of the TRIPS Agreement do
not result in a lesser degree of consistency with the provisions of the TRIPS
Agreement.
Under item (i), the US contended that the TRIPS Agreement does not permit WTO Members
to allow third parties to market products subj ect to exclusive marketing rights without the
consent of the right holder.  According to the United States, Argentina's law does not provide
product patent protection for pharmaceutical inventions, or a system that conforms to
Article 70.9 of the TRIPS Agreement with regard to the grant of exclusive marketing rights.The US therefore contended that Argentina's legal regime appears to be inconsistent with
Articles 27, 65 and 70 of the TRIPS Agreement.
Under item (ii), the US contended that prior to August 1998, Argentina provided a ten year
term of protection against unfair commercial use for undisclosed test data or other datasubmitted to Argentine regulatory authorities  in support of applications for marketing
approval for agricultural chemical products.  The US further alleged that since the issuance in
1998 of Regulation 440/98, which inter alia  revoked earlier regulations, Argentina has
provided no effective protection for such data against unfair commercial use.  The United
States therefore alleges that Argentina's legal regime is inconsistent with Article 65.5 of theTRIPS Agreement.
39. WT/DS168 – South Africa – Anti-dumping Duties on the Import of Certain
Pharmaceutical Products from India
Complaint by India.  On 1 April 1999, India requested consultations with South Africa in
respect of a recommendation for the imposition of definitive anti-dumping duties by the South
African Board on Tariffs and Trade (BTT), contained in its Report No. 3799, dated 3 October1997, on the import of certain pharmaceutical products from India.  India alleged that South
Africa initiated anti-dumping proceedings against the importation of ampicillin and
amoxycillin of 250mg capsules from India.  The BTT allegedly made a preliminary
determination on 26 March 1997 that ampicillin and amoxycillin of 250mg and 500mg
capsules, exported by M/S Randaxy Laboratories Ltd of India, were being dumped into theSouth African Customs Union (SACU).  This was allegedly followed by a recommendation to
impose final duties on these products by the BTT, which was reported on 10 September 1997.
India contended that:WT/DS/OV/1
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• the definition and calculation by the BTT of normal value is inconsistent with South
Africa's WTO obligations, because erroneous methodology was used for determining the
normal value and the resulting margin of dumping.
• the determination of injury was not based on positive evidence and did not include an
evaluation of all relevant economic factors and indices having a bearing on the state of
the industry, which led to an erroneous determination of material injury suffered by the
petitioner.
• the South African authorities' establishment of the facts was not proper and that their
evaluation was not unbiased or objective.
• the South African authorities have not taken into account India's special situation as a
developing country.
India alleged violations of Articles 2, 3, 6(a) to (c) individually and in conjunction with 12, 12
and 15 of the Anti-Dumping Agreement; and Articles I and VI of GATT 1994.
40. WT/DS167 – United States – Countervailing Duty Investigation with respect to Live
Cattle from Canada
Complaint by Canada.  On 19 March 1999, Canada requested consultations with the US
concerning the initiation of a countervailing duty investigation by the US, on 22 December
1998, with respect to live cattle from Canada.  Canada alleged that:
• the initiation of this investigation is incons istent with US obligations under the Subsidies
Agreement, including the fact that the written application filed with the US Department of
Commerce was not made by or on behalf of th e domestic industry, and that there was not,
sufficient information provided with respect to the measures or actions alleged to be
subsidies, for purpose of initiating an investigation under the SCM Agreement.
• the measures or actions alleged to be subsidies either are not, in law or fact, subsidies
within the meaning of the Subsidies Agr eement, or do not confer more than a de minimis
level of countervailing subsidy.
• this initiation of investigation is inconsistent with US obligations under the Agreement on
Agriculture relating to "due restraint".
Canada alleged violations of Articles 1, 2, 10, 11.1 – 11.5, and 13.1 of the Subsidies
Agreement; and Article 13 of the Agreement on Agriculture.
41. WT/DS159 – Hungary – Safeguard Measure on  Imports of Steel Products from the
Czech Republic
Complaint by the Czech Republic.  On 21 January 1999, the Czech Republic requested
consultations with Hungary in respect of the imposition of quantitative restrictions by
Hungary on imports of a broad range of steel products from the Czech Republic.  The Czech
Republic alleged that Hungary imposed a safeguard measure in the form of an import quota
on imports of a broad range of steel products from the Czech Republic, and that this measure
only applies to the Czech Republic.  The Czech Republic contended that these quantitative
restrictions are in breach of Hungary's obligations under GATT Articles I and XIX, as well as
provisions of the Agreement on Safeguards.
42. WT/DS158 – European Communities- Regime for the Importation, Sale and
Distribution of Bananas  II
Complaint by Guatemala, Honduras, Mexico, Panama and the United States.  On 20 January
1999, these countries (complaining parties) requested consultations with the EC in respect ofWT/DS/OV/1
Page 19
the implementation of the recommendations of the DSB in European Communities – Regime
for the Importation, Sale and Distribution of Bananas . The complaining parties state that the
15-month reasonable period of time for the EC to implement the DSB's recommendations and
rulings ended on 1 January 1999 (see WT/DS27).  The complaining parties alleged that the
EC modified its regime in a manner that will not permit this dispute to conclude at this time
on the basis of a solution that is acceptable to their governments, and as a result, jointly andseverally, request consultations with the EC concerning the EC banana regime established by
EC Regulation 404/93, as amended and implemented by Council Regulation 1637/98 of
20 July 1998 and EC Commission Regulation 2362/98 of 28 October 1998. The complaining
parties contended that their objective is to clarify and discuss in detail with the EC the various
aspects of the EC's modified banana regime, including their effect on the market, their
concerns about their WTO-inconsistency, and ways that the EC might modify its regime in
order to produce a satisfactory settlement of this dispute.
43. WT/DS157 – Argentina – Anti-Dumping Measures  on Imports of Drill Bits from Italy
Complaint from the European Communities.  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 September1998, 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.
44. WT/DS154 – European Communities – Measures Affecting Differential and Favourable
Treatment of Coffee
Complaint by Brazil.  On 7 December 1998, Brazil requested consultations with the EC in
respect of the special preferential treatment under the EC's Generalised System of Preferences
(GSP).  Brazil asserted that the EC GSP scheme is applicable to products originating in the
Andean Group of countries and the Central American Common Market countries, that are
conducting programs to combat drug production and trafficking.  In the case of soluble
coffee, this special preferential treatment, contained in Council Regulation (EC) No. 1256/96,
amounts to duty free access into the EC market.  Brazil stated that it is aware that there is a
proposed Council Regulation which would unify al l EC laws and regulations concerning the
operation of the GSP scheme for both agricultural and industrial products.  Brazil contended
that this special treatment adversely affects the importation into the EC of soluble coffee
originating in Brazil.  Brazil alleged that th is special treatment is inconsistent with the
Enabling Clause, as well as with Article I of GATT 1994.  Brazil further alleges that this
special treatment nullifies or impairs benefits accruing to Brazil directly or indirectly under
the cited provisions.
45. WT/DS153 – European Communities – Patent Protection for Pharmaceutical and
Agricultural Products
Complaint by Canada.  On 2 December 1998, Canada requested consultations with the EC in
respect of the protection of inventions in the area of pharmaceutical and agricultural chemical
products under the relevant provisions of EC legislation, particularly Council Regulation(EEC) No. 1768/92 and European Parliament  and Council Regulation (EC) No. 1610/96, in
relation to EC obligations under the TRIPS Agreement.  Canada considered that under the
above Regulations, a patent term extension scheme, which is limited to pharmaceutical and
agricultural chemical products, has been implemented.  Canada alleged that Regulations
(EEC) No. 1768/92 and (EC) No. 1610/96 are in consistent with the EC's obligations not to
discriminate on the basis of field of technology, as provided by Article 27.1 of the TRIPSWT/DS/OV/1
Page 20
Agreement, because these Regulations only apply to pharmaceutical and agricultural
products.
46. WT/DS150 – India – Measures Affecting Custom Duties
Complaint by the European Communities. On 30 October 1998, the EC requested consultations
with India concerning a series of increases in  customs duties allegedly implemented by India.
The EC stated that the measures in question relate to Schedule 1 of the 1975 Customs Tariff
Act, the Special Customs Duty, and the Special Additional Duty.  The EC contended that under
these measures, the aggregate value of tariffs re sulting from the addition of the different duties
applied by India exceed India's WTO bound rates under a series of tariff headings.  The EC
alleged violations of Articles II:1(b) and III:2 of GATT 1994.
47. WT/DS149 – India – Import Restrictions
Complaint by the European Communities.  On 29 October 1998, the EC requested
consultations with India concerning import restrictions allegedly maintained by India under
its Export and Import Policy, 1997-2002, for reasons other than Article XVIII:B of GATT
1994.  The EC stated that India notified these restrictions to the WTO in Part A of Annex I to
its notification of 20 May 1997 under paragraph 9 of the Understanding on the Balance-of-Payments Provisions of GATT 1994 (WT/BOP/N/24).  India claimed that these restrictions
are justified under Article XX and/or Article XXI of GATT 1994.  The EC contended that
these import restrictions constitute an infringement of Articles III, X, XI, XIII and XVII of
GATT 1994, Article 4.2 of the Agreement on Agriculture, and Articles 1, 2 and 3 of the
Agreement on Import Licensing Procedures, a nd cannot be justified under Articles XX or
XXI of GATT 1994.
48. WT/DS148 – Czech Republic – Measure Affecting Import Duty on Wheat from Hungary
Complaint from Hungary.  On 12 October 1998, Hungary requested consultations with the
Czech Republic in respect of a regulation adopted by the Czech Republic which entered intoforce on 9 October 1998, and which allegedly increased the import duty of wheat originating
in Hungary.  Hungary asserted that th e increased import duty on wheat (HS1001.1000,
1001.9099) exceeds several times the respective bound rates in the Czech Schedule for 1998.
Hungary also alleged that it is the only country subject to this measure.  Hungary contended
that this measure is inconsistent with Articles I and II of GATT 1994, and Article 4 of theAgreement on Agriculture.  Hungary invoked th e urgency provision of the DSU (4.8), due to
the severe economic and trade losses that are being caused by this measure, which was
expected to remain in force until 26 April 1999.
49. WT/DS147 – Japan – Tariff Quotas and Subsidies Affecting Leather
Complaint by the European Communities.  On 8 October 1998, the EC requested
consultations with Japan concerning the management of the tariff quotas for leather and thesubsidies allegedly benefiting the leather industry and "Dowa" regions in Japan.  The EC
stated that the management of the three tariff quotas is specified in a notice published every
year by the Ministry of International Trade & Industry (MITI), which is based on Article 6 of
the Ministerial Order on the tariff quota system for heavy oil, crude oil, etc. The EC
contended that:
• the complexity of the management of the tariff quota system, as well as the fact that
applications for licenses may only be submitted on a single day, appears open to criticism.
• many licenses are granted for quantities without real economic interest, and some have a
very short validity period.WT/DS/OV/1
Page 21
• the system leads to a situation that deters foreign companies from establishing in Japan
for purposes of importing leather directly.
• subsidies were granted on the basis of the "Law concerning Special Fiscal Measures",
which extended the duration of 15 subsidy programmes.
• these subsidies are specific and that the total value of these different subsidy programmes
is liable to cause serious prejudice to its interests.
The EC alleged violations of Articles 1(6), 3(5)(g), (h), (i) and (j) of the Import Licensing
Agreement, and Article 6 of the Subsidies Agreement.
50. WT/DS145 – Argentina – Countervailing Duties  on Imports of Wheat Gluten from the
European Communities
Complaint by the European Communities.  On 23 September 1998, the EC requested
consultations with the EC in respect of definitive countervailing duties allegedly imposed byArgentina on imports of wheat gluten from the EC.  The EC stated that Argentina imposed a
countervailing duty on wheat gluten imports from the EC with effect from 23 July 1998.  The
investigation which led to the imposition of these duties had been initiated on 23 October
1996 and, consequently, the EC contended that the investigation exceeded 18 months,
contrary to Article 11.11 of the Subsidies Agreement.  The EC also claimed a violation of
Article 10 of the same Agreement.
51. WT/DS144 – United States – Certain Measure s Affecting the Import of Cattle, Swine
and Grain from Canada
Complaint by Canada.  On 25 September 1998, Canada requested consultations with the US
in respect of certain measures, imposed by the US state of South Dakota and other states,
prohibiting entry or transit to Canadian trucks carrying cattle, swine, and grain.  Canadaalleged that these measures adversely affect the importation into the United States of cattle,
swine, and grain originating in Canada.  Canada alleges violations of Articles 2, 3, 4, 5, 6, 13
and Annexes B and C of the SPS Agreement; Ar ticles 2, 3, 5 and 7 of the TBT Agreement;
Article 4 of the Agreement on Agriculture; and Articles I, III, V, XI and XXIV:12 of GATT
1994.  Canada also made a claim of nullification or impairment of benefits accruing to itunder the cited Agreements.  Canada invoked Article 4.8 of the DSU for expedited
consultations in view of the perishable nature of the goods in question.
52. WT/DS143 - Sl ovak Republic – Measure Affecting Import Duty on Wheat from
Hungary
Complaint from Hungary. On 18 September 1998, Hungary requested consultations with the
Slovak Republic in respect of a regulation adopted by the Slovak Republic which entered into
force on 10 September 1998, which allegedly increased the import duty of wheat originating
in Hungary.  Hungary asserted that th e increased import duty on wheat (HS1001.1000,
1001.90) amounts to 2540 SKK/t which equals to approximately 70% ad valorem .  Hungary
alleged that:
• the bound rates for these tariff lines in the Slovak Schedule for 1998 are set at 4.4%
(HS1001.1000), 27% (HS1001.9010) and 22.5% (HS1001.9091, 1001.9099).
• it is the only country subject to this measure.
• this measure is inconsistent with Articles I and II of GATT 1994, and Article 4 of the
Agreement on Agriculture.WT/DS/OV/1
Page 22
Hungary invoked the urgency provision of the DSU due to the severe economic and trade
losses that are being caused by this measure, which was expected to remain in force until
10 March 1999.
53. WT/DS140 – European Communities – An ti-Dumping Investigations Regarding
Unbleached Cotton Fabrics from India
Complaint by India.  On 3 August 1998, the EC re quested consultations with India in respect of
alleged repeated recourse by the EC to anti-dumping investigations on unbleached cotton
fabrics (UCF), from India.  India considered, in the light of the information which had
become available before and after the adoption of Regulation 773/98, that:
• the determination of standing, the initiation, the selection of the sample, the determination
of dumping and the injury are inconsistent with the EC's WTO obligations.
• the establishment by the EC of the facts was not proper and that the EC's evaluation of
facts was not unbiased and objective.
• the EC has not taken into account the special situation of India as a developing country.
India alleged violations of Articles 2.2.1, 2.4.1, 2.4.2, 2.6, 3.3, 3.2, 3.4, 3.5, 4.1(I), 5.2, 5.3,
5.4, 5.5, 5.8, 6.10, 7.1(I), 7.4, 9.1, 9.2, 12.1, 12.2 and 15 of the Anti-Dumping Agreement,
and Articles I and VI of GATT 1994.  India also alleged nullification and impairment of
benefits accruing to it under the cited agreements.
54. WT/DS137 – European Communities – Measures Affecting Imports of Wood of
Conifers from Canada
Complaint by Canada.  On 17 June 1998, Canada requested consultations with the EC in respect
of certain measures concerning the importation into the EC market of wood of conifers from
Canada.  The measures include, but are not limited to, Council Directive 77/93, of 21 December
1976, as amended by Commission Directiv e 92/103/EEC, of 1 December 1992, and any
relevant measures adopted by EC Member stat es affecting imports of wood of conifers from
Canada into the EC.  Canada alleged that th ese adversely affect the importation into the EC
market of wood of conifers from Canada.  Canada alleged violations of Articles I, III and XI of
GATT 1994, Articles 2, 3, 4, 5 and 6 of the SPS Agreement, and Article 2 of the TBT
Agreement.  Canada also made a claim for nullific ation and impairment of benefits  accruing to
it indirectly under the cited agreements.
55. WT/DS134 – European Communities - Measu res Affecting Import Duties on Rice
Complaint by India.  On 28 May 1998, India reque sted consultations with the EC in respect of
the restrictions allegedly introduced by an EC Regulation establishing a so-called cumulative
recovery system (CRS), for determining certain  import duties on rice, with effect from 1 July
1997.  India contended that the measures introduced  through this new regulation will restrict the
number of importers of rice from India, and will have a limiting effect on the export of rice fromIndia to the EC.  India alleged violations of  Articles I, II, III, VII and XI of GATT 1994,
Articles 1-7, 11 and Annex I of the Customs Va luation Agreement, Articles 1 and 3 of the
Import Licensing Agreement, Article 2 of the TBT Agreement, Article 2 of the SPS Agreement,
and Article 4 of the Agreement on Agriculture.  India also claimed nullification and impairment
of benefits accruing to it under the various agreements cited.WT/DS/OV/1
Page 23
56. WT/DS133 – Slovak Republic - Measures Concerning the Importation of Dairy
Products and the Transit of Cattle
Complaint by Switzerland.  On 11 May 1998, Switz erland requested consultations with the
Slovak Republic concerning measures imposed by  the Slovak Republic (in particular, a decree
of 6 July 1996) with respect to the importati on of dairy products and the transit of cattle.
Switzerland contended that these measures had a negative impact on Swiss exports of cheese
and cattle.  Switzerland alleged that some of these measures are inconsistent with Articles I, III,
V, X and XI of GATT 1994, Article 5 of the SPS Agreement, and Article 5 of the Import
Licensing Agreement.
57. WT/DS131 – France - Certain Income Tax Measures Constituting Subsidies
Complaint by the United States.  On 5 May 1998, the US requested consultations with France in
respect of prohibited subsidies provided by Fr ance.  The United States alleges that, based on
unofficial English translations of the relevant le gislation and descriptions in secondary sources,
it is its understanding that under French income tax law, a French company may deduct
temporarily, certain start-up expenses of its foreign operations through a tax-deductible reserve
account.  The US also believed that a French company may establish a special reserve equal to
ten percent of its receivable position at year e nd for medium-term credit risks in connection with
export sales.  The US contended that each of these measures constitute an export subsidy, and
that the deduction for start-up expenses constitute an import substitution subsidy, and as such
both measures violate Article 3 of the SCM Agreement.
58. WT/DS130 – Ireland - Certain Income Tax Measures Constituting Subsidies
Complaint by the United States.  On 5 May 1998, th e US requested consultations with Ireland in
respect of prohibited subsidies provided by Ir eland.  The US alleged that, based on unofficial
copies of the relevant legislation and descript ions in secondary sources, it is its understanding
that under Irish income tax law, "special tradin g houses" qualify for a special tax rate in respect
of trading income from the export sale of goods  manufactured in Ireland.  The US contended
that this measure constitutes an export subsidy and as such violates Article 3 of the SCM
Agreement.
59. WT/DS129 – Greece - Certain Income Tax Measures Constituting Subsidies
Complaint by the United States.  On 5 May 1998, the US requested consultations with Greece
in respect of prohibited subsidies provided by Greece.  The US alleged that, based on unofficial
English translations of relevant legislation and descriptions in secondary sources, it is its
understanding that under Greek income tax law, Greek exporters are entitled to a special annual
tax deduction calculated as a percentage of expor t income. The US contended that this measure
constitutes an export subsidy and as such violates Article 3 of the SCM Agreement.
60. WT/DS128 – Netherlands - Certain Income Tax Measures Constituting Subsidies
Complaint by the United States.  On 5 May 1998, the US requested consultations with the
Netherlands in respect of prohibited subsidies provided by the Netherlands.  The US alleged
that, based on unofficial English translations of  the relevant legislation and descriptions in
secondary sources, it is its understanding that under Dutch income tax law, exporters may
establish a special "export reserve" for income derived from export sales.  The US contendedthat this measure constitutes an export subsidy and as such violates Article 3 of the SCM
Agreement.WT/DS/OV/1
Page 24
61. WT/DS127 – Belgium - Certain Income Tax Measures Constituting Subsidies
Complaint by the United States.  On 5 May 1998, the US requested consultations with Belgium
in respect of prohibited subsidies provided by Belgium.  The US alleged that, based on
unofficial English translations of relevant legisl ation and descriptions in secondary sources, it is
its understanding that under Belgium income tax law, Belgian corporate taxpayers receive a
special BEF 400,000 (index linked) tax exemption for recruiting a departmental head for
exports (known as an "export manager").  The US contended that this measure constitutes an
export subsidy and as such violates  Article 3 of the SCM Agreement.
62. WT/DS123 – Argentina - Safeguard Measures on Imports of Footwear
Complaint by Indonesia.  On 23 April 1998, Indone sia requested consultations with Argentina
in respect of the same provisional and definitive safeguard measures imposed by Argentina in
the dispute WT/DS121.  On 15 April 1999, Indonesia re quested the establishment of a panel.  In
a communication dated 10 May 1999, Indonesia info rmed the DSB that it was not pursuing its
request for a panel at the next DSB meeting, but that this was without prejudice to its rights
under the DSU to resurrect the panel request.
63. WT/DS120 – India - Measures Affectin g Export of Certain Commodities
Complaint by the European Communities.  On 16 March 1998, the EC requested consultations
with India in respect of India's EXIM Polic y (1997-2002), which allegedly sets up a negative
list for the export of several commodities.  The EC alleged that under this policy, raw hides and
skins are listed as products the export of which requires an export licence, and that these
licences are systematically refused.  The EC conte nded that this is in effect an export embargo
and violates Article XI of GATT 1994. On  12 October 2000, the EC requested the
establishment of a panel. At its meeting of 23 October 2000, the DSB deferred the
establishment of a panel.
64. WT/DS118 – United States - Harbour Maintenance Tax
Complaint by the European Communities.  On 6 February 1998, the EC requested consultations
with the US concerning the US Harbour Ma intenance Tax (HMT), allegedly introduced by
legislation in the US.  The EC contended that the HMT violates Articles I, II, III, VIII and X of
GATT 1994, as well as the Understanding on the Interpretation of Article II:1(B) of GATT
1994.
65. WT/DS117 – Canada - Measures Affecting Film Distribution Services
Complaint by the European Communities.  On 20 January 1998, the EC requested consultations
with Canada in respect of Canada's alleged measures affecting film distribution services,
including the 1987 Policy Decision on film dist ribution and its application to European
companies.  The EC contended that these measures violate Articles II and III of GATS.
66. WT/DS116 – Brazil - Measures Affecting Payment Terms for Imports
Complaint by the European Communities. On 9 January 1998, the EC requested consultations
with Brazil in respect of measures affecting payment terms for imports allegedly introduced by
the Central Bank of Brazil.  The EC contended that these measures violate Articles 3 and 5 of
the Agreement on Import Licensing Procedures.WT/DS/OV/1
Page 25
67. WT/DS115 – European Communities - Measure s Affecting the Grant of Copyright and
Neighbouring Rights
Complaint by the United States.  On 6 January 1998, the US requested consultations with the
EC regarding similar measures as in WT/DS82 in respect of Ireland.  On 9 January 1998, the
US requested the establishment of a panel.
68. WT/DS112 – Peru - Countervail ing Duty Investigation against Imports of Buses from
Brazil
Complaint by Brazil.  On 23 December 1997, Br azil requested consultations with Peru in
respect of a countervailing duty investigation bein g carried out by Peru against imports of buses
from Brazil.  Brazil contended that the proced ures followed by the Peruvian authorities to
initiate this investigation are inconsistent with  Articles 11 and 13.1 of the Subsidies Agreement.
69. WT/DS111 – United States - Tariff Rate Quota for Imports of Groundnuts
Complaint by Argentina.  On 19 December 1997, Argentina requested consultations with the
US in respect of the alleged commercial detr iment to Argentina resu lting from a restrictive
interpretation by the US of the tariff rate quot a negotiated by the two countries during the
Uruguay Round, regarding the importation of groundnuts.  Argentina alleged violations of
Articles II, X and XII of GATT 1994, Articles 1, 4 and 15 of the Agreement on Agriculture,
Article 2 of the Agreement on Rules of Or igin, and Article 1 of the Import Licensing
Agreement.  Nullification and impairment of benefits is also alleged.
70. WT/DS109 – Chile - Taxes on Alcoholic Beverages
Complaint by the United States.  On 11 December 1997, the US requested consultations with
Chile in respect of Chile's internal taxes on alcoholic beverages, which allegedly impose a
higher tax on imported spirits than on pisco , a locally brewed spirit.  The US contended that this
differential treatment of imported spirits viol ates Article III:2 of GATT 1994.  Taxes on these
beverages were at the time the subject of a complaint by the EC (WT/DS87), in respect ofwhich a panel had already been established.
71. WT/DS107 – Pakistan - Export Measures Affecting Hides and Skins
Complaint by the European Communities.  On 7 November 1997, the EC requested
consultations with Pakistan in respect of a No tification enacted by the Ministry of Commerce of
Pakistan prohibiting the export of, inter alia , hides and skins and wet blue leather made from
cow hides and cow calf hides.  The EC cont ended that this measure limits access of EC
industries to competitive sourcing of raw and semi-finished materials.
72. WT/DS105 – European Communities - Regime for the Importation, Sale and
Distribution of Bananas
Complaint by Panama.  On 24 October 1997, Panama requested consultations with the EC in
respect of the EC's regime for the importation, sale and distribution of bananas as established
through Regulation 404/93, as well as any subseque nt legislation, regulations or administrative
measures adopted by the EC, including those reflecting the Framework Agreement on Bananas.
Panama did not specify the WTO provisions whic h the EC regime violates.  This is the same
regime that was the subject of a successful challenge by the US, Ecuador, Guatemala,Honduras, and Mexico (WT/DS27).WT/DS/OV/1
Page 26
73. WT/DS104 – European Communities - Measures Affecting the Exportation of Processed
Cheese
Complaint by the United States.  On 8 October 1997, the US requested consultations with the
EC in respect of export subsidies allegedl y granted by the EC on processed cheese without
regard to the export subsidy reduction commitments  of the EC.  The US contended that these
measures by the EC distort markets for dairy pr oducts and adversely affect US sales of dairy
products.  The US alleged violations of Articles 8, 9, 10 and 11 of the Agreement on
Agriculture, and Article 3 of the Subsidies Agreement.
74. WT/DS100 – United States - Measures Affecting Imports of Poultry Products
Complaint by the European Communities.  On 18 August 1997, the EC requested consultations
with the US in respect of a ban on imports of  poultry and poultry products from the EC by the
US Department of Agriculture's Food Safety Insp ection Service, and any related measures.  The
EC contended that although the ban is allege dly on grounds of product safety, the ban does not
indicate the grounds upon which EC poultry products have suddenly become ineligible for entry
into the US market.  The EC considered that the ba n is inconsistent with Articles I, III, X and XI
of GATT 1994, Articles 2, 3, 4, 5, 8 and Annex C of  the SPS Agreement, or Article 2 and 5 of
the TBT Agreement.
75. WT/DS97 – United States - Countervailing Duty Investigation of Imports of Salmon
from Chile
Complaint by Chile.  On 5 August 1997, Chile requested consultations with the US in respect of
a countervailing duty investigation initiated by the US Department of Commerce againstimports of salmon from Chile.  Chile contended that  the decision to initiate an investigation was
taken in the absence of sufficient evidence of injury, in violation of Article 11.2 and 11.3.  Chile
also contended a violation of Ar ticle 11.4, in relation to the representative status of producers of
salmon fillets.
76. WT/DS82 – Ireland - Measures Affecting th e Grant of Copyright and Neighbouring
Rights
Complaint by the United States. On 14 May 1997, th e US requested consultations with Ireland
in respect Ireland's alleged failure to grant c opyright and neighbouring rights under its law.  The
US contended that this failure violates Ir eland's obligations under Articles 9-14, 63, 65 and 70
of the TRIPS Agreement.  On 9 January 1998, the United States requested the establishment of
a panel.
77. WT/DS81 – Brazil - Measures Af fecting Trade and Investment in the Automotive Sector
Complaint by the European Communities.  On 7 May 1997, the EC requested consultations
with Brazil in respect of certain measures in the trade and investment sector implemented by
Brazil, including in partic ular, Law No. 9440 of 14 Marc h 1997, Law No. 9449 of 14 March
1997, and Decree No. 1987 of 20 August 1996.  The EC  contended that these measures violate
Articles I:1 and III:4 of GATT 1994, Articles 3, 5 and 27.4 of the Subsidies Agreement, and
Article 2 of the TRIMs Agreement.  The EC al so claimed for nullification and impairment of
benefits under both GATT 1994 and the Subsidie s Agreement.  See also WT/DS51, WT/DS52
and WT/DS65.WT/DS/OV/1
Page 27
78. WT/DS80 – Belgium - Measures Affecting Commercial Telephone Directory Services
Complaint by the United States.  On 2 May 1997, the US requested consultations with Belgium
in respect of certain measures of the Kingdom of Belgium governing the provision of
commercial telephone directory services.  Thes e measures include the imposition of conditions
for obtaining a license to publish commercial dire ctories, and the regulation of the acts, policies,
and practices of BELGACOM N.V. with resp ect to telephone directory services.  The US
alleged violations of Articles II, VI, VIII and XVII of GATS, as well as nullification and
impairment of benefits accruing to it under the specific GATS commitments made by the EC on
behalf of Belgium.
79. WT/DS78 – United States - Safeguard Measure Against Imports of Broom Corn Brooms
Complaint by Colombia.  On 28 April 1997, Colomb ia requested consultations with the US in
respect of US Presidential Proclamation 6961 of 28 November 1996, adopting a safeguard
measure against imports of broom and corn broo ms.  Colombia contended that the adoption of
this safeguard measure is inconsistent with the obligations of the US under Articles 2, 4, 5, 9
and 12 of the Agreement on Safeguards, Artic les II, XIII and XIX of GATT 1994.  Colombia
also claimed for nullification and im pairment of benefits under GATT 1994.
80. WT/DS71 – Canada - Measures Affecting the Export of Civilian Aircraft
Complaint by Brazil.  On 10 March 1997, Brazil requested consultations with Canada in respect
of the same measures complained of in WT/D S70.  However, the request was made pursuant to
Article 7 of the Subsidies Agreement.  In this request, Brazil contended that the measures are
actionable subsidies within the meaning of Part III of the Subsidies Agreement, and causeadverse effects within the meaning of Article 5 of the Agreement.
81. WT/DS66 – Japan - Measures Affecting Imports of Pork
Complaint by the European Communities.  On 15 January 1997, the EC requested consultations
with Japan in respect of certain measures a ffecting imports of pork and its processed products
imposed by Japan. The EC contended that these m easures are in violation of Japan's obligations
under Articles I, X:3 and XIII of the GATT 1994.  The EC also contended that these measures
nullify or impair benefits accruing to it under the GATT 1994.
82. WT/DS65 – Brazil - Certain Measures Affecting Trade and Investment in the
Automotive Sector
Complaint by the United States.  On 10 January 1997, the US requested consultations with
Brazil concerning more or less the same measures as in WT/DS52 above. However, this request
also included measures adopted by Brazil subseque nt to consultations held with the US pursuant
to the request under WT/DS52, which include measures conferring benefits to certain
companies located in Japan, the Republic of Korea, and the EC.  The US alleged violations
under Articles I:1 and III:4 of GATT 1994, Article 2 of the TRIMs Agreement, and Articles 3and 27.4 of the SCM Agreement. The United States  also made a nullification and impairment of
benefits claim under Article XXIII:1(b) of GATT 1994.
83. WT/DS63 – United States - Anti-Dumping Mea sures on Imports of Solid Urea from the
Former German Democratic Republic
Complaint by the European Communities.  On 28 November 1996, the EC requested
consultations with the US in respect of Anti-Dumping duties imposed on exports of solid ureaWT/DS/OV/1
Page 28
from the former German Democratic Republic by the United States. The EC contended that
theses measures violate Articles 9 and 11 of the Anti-Dumping Agreement.
84. WT/DS61 – United States - Import Prohibition of Certain Shrimp and Shrimp Products
Complaint by the Philippines.  On 25 October 1996, the Philippines requested consultations
with the US in respect of a complaint by th e Philippines regarding a ban on the importation of
certain shrimp and shrimp products from the Philippines imposed by the US under Section 609
of US Public Law 101-62.  Violations of Articles I, II, III, VIII, XI and XIII of GATT 1994 and
Article 2 of the TBT Agreement are alleged.  A nullification and impairment of benefits under
GATT 1994 is also alleged.  (See WT/DS58).
85. WT/DS53 – Mexico - Customs Valuation of Imports
Complaint by the European Communities.  On 27 August 1996, the EC requested consultations
with Mexico concerning the Mexican Customs La w.  The EC claimed that Mexico applies CIF
value as the basis of customs valuation of im ports originating in non-NAFTA countries, while it
applies FOB value for imports originating in NAFTA countries.  Violation of GATT
Article XXIV:5(b) is alleged.
86. WT/DS52 – Brazil - Certain Measures Affecting Trade and Investment in the
Automotive Sector
Complaint by the United States.  On 9 August 1996, the US requested consultations with Brazil
concerning the same measures as identified in Japan's request in WT/DS51.  Violations of the
TRIMs Agreement Article 2, GATT Articles I:1 and III:4 as well as the Subsidies AgreementArticles 3 and 27.4 are alleged.  In addition, the United States also made a non-violation claim
under GATT Article XXIII:1(b).
87. WT/DS51 – Brazil - Certain Au tomotive Investment Measures
Complaint by Japan.  On 30 July 1996, Japan requested consultations with Brazil concerning
certain automotive investment measures taken by  the Brazilian government.  Violations of the
TRIMs Agreement Article 2, GATT Articles I:1, III:4 and XI:1 as well as the Subsidies
Agreement Articles 3, 27.2 and 27.4 are alleged.  In addition, Japan made a non-violation claim
under GATT Article XXIII:1(b).
88. WT/DS47 – Turkey - Restrictions on Im ports of Textile and Clothing Products
Complaint by Thailand.  On 20 June 1996, Thailand requested consultations with Turkey
concerning Turkey's imposition of quantitative re strictions on imports of textile and clothing
products from Thailand. Violations of GATT Articles I, II, XI and XIII as well as Article 2 of
the Textiles Agreement are alleged.  Earlier, Hong Kong (WT/DS29) and India (WT/DS34)
separately requested consultations with Turkey on the same measure.
89. WT/DS45 – Japan - Measures Affe cting Distribution Services
Complaint by the United States.  On 13 June 1996, the US requested consultations with Japan
concerning Japan's measures affecting distributi on services (not limited to the photographic film
and paper sector) through the operation of the Large-Scale Retail Store Law, which regulates
the floor space, business hours and holidays of supe rmarkets and department stores.  Violations
of the GATS Article III (Transparency) and Artic le XVI (Market Access) are alleged.  The US
also alleged that these measures nullify or impa ir benefits accruing to the US (a non-violationWT/DS/OV/1
Page 29
claim).  The US requested further consulta tions with Japan on 20 September 1996, expanding
the factual and legal basis of its claim.
90. WT/DS41 – Korea - Measures Concerning Inspection of Agricultural Products
Complaint by the United States.  On 24 May 1996, the US requested consultations with Korea
concerning testing, inspection and other measures required for the importation of agriculturalproducts into Korea.  The US claimed that these measures restrict imports and appear to be
inconsistent with the WTO Agreement.  Violations of GATT Articles III and XI, SPS Articles
2, 5 and 8, TBT Articles 2, 5 and 6, and Article  4 of the Agreement on Agriculture are
alleged.  The US requested consultations with Korea on similar issues on 4 April 1995
(WT/DS3).
91. WT/DS30 – Brazil - Countervailing Duties on Imports of Desiccated Coconut and
Coconut Milk Powder from Sri Lanka
Complaint by Sri Lanka.  On 23 February 1996, Sri Lanka requested consultations with Brazil
concerning Brazil's imposition of counterva iling duties on Sri Lanka's export of desiccated
coconut and coconut milk powder.  Sri Lanka alle ged that those measures are inconsistent with
GATT Articles I, II and VI and Article 13(a) of the Agriculture Agreement (the so-called peaceclause).  See WT/DS22.
92. WT/DS29 – Turkey - Restrictions on Im ports of Textile and Clothing Products
Complaint by Hong Kong.  On 12 February 1996, Hong Kong requested consultations with
Turkey concerning Turkey's quantitative restricti ons on imports of textile and clothing products.
Hong Kong claimed that those measures are in violation of GATT Articles XI and XIII.  The
background to this dispute is a recently concluded customs union agreement between Turkey
and the European Communities.  Hong Kong claimed that GATT Article XXIV does not entitle
Turkey to impose new quantitative restrictions in the present case.
93. WT/DS3 – Korea - Measures Concerning the Testing and Inspection of Agricultural
Products
Complaint by the United States.  On 6 April 1995, the US requested consultations with Korea
involving testing and inspection requirements w ith respect to imports of agricultural products
into Korea.  The measures are alleged to be in violation of GATT Articles III or XI, Articles 2and 5 of the Agreement on Sanitary and Phytosanitary Measures (SPS), TBT Articles 5 and 6
and Agriculture Article 4.  (See WT/DS41).
II. ACTIVE PANELS
1. WT/DS146 – India - Measures Af fecting the Automotive Sector
Complaint by the European Communities.  On 6 October 1998, the European Communities
requested consultations with India concerning certain measures affecting the automotivesector being applied by India.  The EC stated that the measures include the documents entitled
"Export and Import Policy, 1997-2002", "ITC (HS Classification) Export and Import Policy
1997-2002" ("Classification"), and "Public Notice No. 60 (PN/97-02) of 12 December 1997,
Export and Import Policy April 1997-March 2002", and any other legislative or
administrative provision implemented or consolidated by these policies, as well as MoUssigned by the Indian Government with ce rtain manufacturers of automobiles.  The EC
contended that:WT/DS/OV/1
Page 30
• under these measures, imports of complete automobiles and of certain parts and
components are subject to a system of non-automatic import licenses.
• in accordance with Public Notice No. 60, import licenses may be granted only to local
joint venture manufacturers that have signed an MoU with the Indian Government,whereby they undertake, inter alia , to comply with certain local content and export
balancing requirements.
• The EC alleges violations of Articles III and XI of GATT 1994, and Article 2 of the
TRIMs Agreement.
On 12 October 2000, the EC requested the establishment of a panel. Further to the request of
the European Communities, the DSB established a panel at its meeting of 17 November 2000.
Since a panel had already been established with a similar mandate in the framework of the
case WT/DS175 (see below), the DSB decided to join the panel with the already established
panel in that case pursuant to Article 9.1 of the DSU.  Japan reserved its third-party rights.
2. WT/DS164 – Argentina – Measures Affecting Imports of Footwear
Complaint by the United States.  On 1 March 1999, the United States requested consultations
with Argentina in respect of certain measures implemented by Argentina affecting imports of
footwear.  The United States contended that:
• in November 1998, Argentina adopted Resolution 1506 modifying Resolution 987 of 10
September 1997, which had established safeguard duties on imports of footwear from
non-MERCOSUR countries.  Resolution 1506 allegedly imposes a tariff-rate quota
(TRQ) on such footwear imports in addition to the safeguard duties previously imposed,
postpones any liberalization of the original safeguard duty until 30 November 1999, and
liberalizes the TRQ only once during the life of the measure.
• Argentina has not notified this measure to the Committee on Safeguards.
• The United States alleged violations of Articles 5.1, 7.4 and 12 of the Agreement on
Safeguards.
Further to the request of the United States, the DSB established a panel at its meeting of
26 July 1999.  The panel has not yet been composed.  See also complaint by Indonesia
(WT/DS123) and complaint by the EC (WT/DS121).
3. WT/DS175 – India – Measures Relating to Tr ade and Investment in the Motor Vehicle
Sector
Complaint by the United States.  On 1 May 1999, the United States requested consultations
with India in respect of certain Indian measures affecting trade and investment in the motor
vehicle sector.  The United States contended that the measures in question requiremanufacturing firms in the motor vehicle sector to:
(i) achieve specified levels of local content;
(ii) achieve a neutralization of foreign exchange by balancing the value of certain imports
with the value of exports of cars and components over a stated period; and
(iii) limit imports to a value based on the previous year's exports.
According to the United States, these measures are enforceable under Indian law and rulings,
and manufacturing firms in the motor vehicle sector must comply with these requirements in
order to obtain Indian import licenses for certain motor vehicle parts and components.  TheUnited States considered that these measures violate the obligations of India under Articles III
and XI of GATT 1994, and Article 2 of the TRIMS Agreement.WT/DS/OV/1
Page 31
At its meeting on 27 July 2000, the DSB established a panel further to the request of the
United States.  The EC, Japan and Korea reserved their third-party rights.
4. WT/DS188 – Nicaragua – Measures Affecting Imports from Honduras and Colombia (I)
Complaint by Colombia.  On 17 January 2000, Colombia requested consultations with
Nicaragua  in respect of Nicaragua's Law 325 of 1999, which provides for the imposition of
charges on goods and services from Honduras and Colombia, as well as regulatory Decree
129-99.  Colombia claimed that these measures are inconsistent, inter alia , with Articles I and
II of GATT 1994. Further to Colombia's request, the DSB established a panel at his meeting
of 18 May 2000.  Canada, Costa Rica, the EC, Honduras and the United States reserved their
third-party rights.  This panel has not yet been composed.
5. WT/DS195 – Philippines – Mea sures Affecting Trade and Investment in the Motor
Vehicle Sector
Complaint by the United States. On 23 May 2000, the US requested consultations with the
Philippines in respect of certain measures in the Philippines' Motor Vehicle Development
Program ("MVDP"), including the Car Development Program, the Commercial VehicleDevelopment Program, and the Motorcycle Development Program.  The United States
asserted that:
• the MVDP provided that motor vehicle manufacturers located in the Philippines who
meet certain requirements are entitled to import parts, components and finished vehicles
at a preferential tariff rate.
• foreign manufacturers' import licenses for parts, components and finished vehicles are
conditioned on compliance with these requirements.  Among the requirements referred toby the United States are the requirement that manufacturers use parts and components
produced in the Philippines and that they earn a percentage of the foreign exchange
needed to import those parts and components by exporting finished vehicles.
• The United States considered that these measures are inconsistent with the obligations of
the Philippines under Articles III:4, III:5 a nd XI:1 of the GATT 1994, Articles 2.1 and 2.2
of the TRIMS Agreement, and Article 3.1(b) of the SCM Agreement.
Further to the US's request, the DSB established a panel at its meeting of 17 November 2000.
India and Japan reserved their third party rights.  This panel has not yet been composed.
6. WT/DS202 – United States – Definitive Sa feguard Measures on Imports of Circular
Welded Carbon Quality Line Pipe from Korea
Complaint by Korea.  On 13 June 2000, Korea requested consultations with the United States
in respect of concerns the definitive safeguard measure imposed by the United States on
imports of circular welded carbon quality line pipe (line pipe).  Korea noted that on18 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 underWT/DS/OV/1
Page 32
Articles 2, 3, 4, 5, 11 and 12 of the Safeguards Agreement; and Articles I, XIII and XIX of
the GATT 1994.
Further to Korea's request, the DSB established a panel at its meeting of 23 October 2000.
Australia, Canada, EC, Japan and Mexico reserved their third-party rights to participate in the
Panel's proceedings.
7. WT/DS206 – United States – Anti-Dumping a nd Countervailing Measures on Steel Plate
From India
Complaint by India.  On 4 October 2000, India requested consultations with the United States
concerning:
(i) final affirmative determinations of sales of certain cut-to-length carbon quality steel
plate products from India at less than fair value by US Department of Commerce
(DOC) on 13 December 1999 and affirmed on 10 February 2000;
(ii) interpretation and use of provisions relating to facts available in the anti-dumping and
countervailing duty investigations by DOC; and
(iii) determination and interpretation by the US International Trade Commission (ITC) of
negligibility, cumulation and material injury caused by the said Indian steel imports.
India considered that these determinations are erroneous and based on deficient procedures
contained in various provisions of US anti-dumping and countervailing duty law.  According
to India, these determinations and provisions raise questions concerning the obligations of theUnited States under the GATT 1994, the Anti-Dumping Agreement, the SCM Agreement,
and the Agreement establishing the WTO (WTO Agreement). India considered that the
provisions of these agreements with which these measures and determinations appear to be
inconsistent, include, but are not limited to, the following: Articles VI and X of the GATT
1994; Articles 1, 2, 3 (especially 3.3), 5 (especially 5.8), 6 (especially 6.8), 12, 15, 18.4 andAnnex II of the Anti-Dumping Agreement; Articles 10, 11 (especially 11.9), 15 (especially
15.3), 22 and 27 (especially 27.10) of the SCM Agreement; Article XVI of the WTO
Agreement.
Further to India's request, the DSB established a Panel at its meeting of 24 July 2001.  Chile,
the EC and Japan reserved their third-rights.
8. WT/DS207 – Chile – Price Band System and Safeguard Measures relating to Certain
Agricultural Products
Complaint by Argentina. On 5 October 2000, Argentina requested consultations with Chile
concerning:
(1) the price band system established by Law 18.525 (as subsequently amended by Law
18.591 and Law 19.546), as well as implementing regulations and complementary
and/or amending provisions; and
(2) the provisional safeguard measures adopted on 19 November 1999 by Decree
No. 339 of the Ministry of Economy and the definitive safeguard measures imposedon 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation
of various products, including wheat, wheat flour and edible vegetal oils.
Argentina considered that these measures raised questions concerning the obligations of Chile
under various agreements. According to Argentina, the provisions with which the measuresrelating to the said price band system are inconsistent, include, but are not limited to, the
following: Article II of the GATT 1994, and Article 4 of the Agreement on Agriculture.WT/DS/OV/1
Page 33
According to Argentina, the provisions with which the safeguard measures are inconsistent,
include, but are not limited to, the following: Articles 2, 3, 4, 5, 6 and 12 of the Safeguards
Agreement, and Article XIX:1(a) of the GATT 1994.
Further to Argentina's request, the DSB established a panel at its meeting of 12 March 2001.
Australia, Brazil, Colombia, Costa Rica, the EC, Ecuador, El Salvador, Guatemala, Honduras,Japan, Nicaragua, Paraguay, the US and Venezuela reserved their third party rights.
9. WT/DS210 – Belgium – Administration of Mea sures Establishing Customs Duties for
Rice
Request by the United States.  On 12 October 2000, the US requested consultations with the
EC concerning the administration by Belgium of laws and regulations establishing the
customs duties applicable to rice imported from the United States. The United Statesconsidered that:
• Belgium has failed to administer the pertinent laws and regulations in a manner that is
consistent with its WTO obligations, leading to the assessment of duties on rice importedfrom the United States in excess of the bound rate of duty, in contravention of Article II
of the GATT 1194;
• Belgium's use of reference prices in the calculation of the applicable import duties would
appear to be inconsistent with Article VII of the GATT 1994 and the Customs ValuationAgreement;
• Belgium's refusal to recognize widely accepted industry standards associated with the
grading of rice appears to be inconsistent with Articles 2, 3, 5, 6, 7, and 9 of theAgreement on Technical Barriers to Trade;
• Belgium has failed to administer its customs valuation determinations and its assessment
of tariffs in a transparent manner, thereby impeding trade, and appears to have applied the
measures in a manner that discriminates against rice imported from the United States.
• According to the United States, the measures have restricted imports of rice into Belgium.
Thus, the Belgian measures also appear to be inconsistent with Articles I, X and XI of the
GATT 1994 and Article 4 of the Agreement on Agriculture.
• According to the United States, Belgium's meas ures appear to be inconsistent with the
following specific provisions of the identified agreements: Articles I, II, VII, VIII, X and
XI of the GATT 1994; Articles 1-6, 7, 10, 14, 16 and Annex I of the Customs ValuationAgreement; Articles 2, 3, 5, 6, 7 and 9 of the Agreement on Technical Barriers to Trade;
Article 4 of the Agreement on Agriculture. Belgium's measures also appear to nullify or
impair the benefits accruing to the United States directly or indirectly under the cited
agreements.
Further to the US's request, the DSB established a panel at its meeting of 12 March 2001.
India and Japan reserved their third-party rights.  On 26 July 2001, the US requested the
Panel, pursuant to Article 12.12 of the DSU, to suspend its work until 30 September 2001 in
light of on-going consultations between the US and the EC.  On 27 September, the US
requested a further suspension of the Panel from 1 to 9 October 2001.  On 9 October, the USrequested to further suspend the work of the Panel until 1 November 2001.
10. WT/DS211– Egypt – Definitive Anti-Dumping  Measures on Steel Rebar from Turkey
Complaint by Turkey.  On 6 November 2000, Turkey requested consultations with Egypt
concerning an anti-dumping investigation by the Egyptian Ministry of Trade and Supply withrespect to imports of rebar from Turkey. The investigation was completed and the final reportWT/DS/OV/1
Page 34
released on 21 October 1999. As a result of the investigation, anti-dumping duties were
imposed, ranging from 22.63-61.00 per cent ad valorem.
Turkey considered that:
• Egypt made determinations of injury and dumping in that investigation without a proper
establishment of the facts and based on an evaluation of the facts that was neither
unbiased nor objective.
• during the investigation of material injury or threat thereof and the causal link, Egypt
acted inconsistently with Articles 3.1, 3.2, 3.4, 3.5, 6.1 and 6.2 of the Anti-DumpingAgreement.
• during the investigation of sales at less than normal value, Egypt violated Article X:3 of
the GATT 1994, as well as Articles 2.2, 2.4, 6.1, 6.2, 6.6, 6.7 and 6.8, and Annex II,Paragraphs 1, 3, 5, 6 and 7 and Annex I, Paragraph 7 of the Anti-Dumping Agreement.
Further to Turkey's request, the DSB established a panel at its meeting of 12 March 2001.
Chile, the EC, Japan and the US reserved their third party rights.
11. WT/DS212 – United States – Countervailin g Measures concerning Certain Products
from the European Communities
Request by the European Communities.  On 10 November 2000, the EC requested
consultations with the US concerning the continued application by the United States ofcountervailing duties on a number of products.  In particular, the EC claimed that:
• The continued application by the US of countervailing duties is based on an irrefutable
presumption that non-recurring subsidies granted to a former producer of goods, prior to achange of ownership, "pass through" to the current producer of the goods following the
change of ownership.  Accordin g to the EC, this is what the US Department of Commerce
("DOC") refers to as its " change in ownership" methodology.
• According to the EC, this approach wa s found by the Appellate Body in " United States –
Imposition of Countervailing duties on Certain Hot-Rolled Lead and Bismuth Carbon
Steel Products Originating in the United Kingdom" to be inconsistent with the SCM
Agreement. In the light of these findings, the EC considered that the continued
application of the " change in ownership" methodology, 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 referred to, and included in this request for consultations, 12 US countervailing
duty orders
1 where this " change in ownership " methodology was applied.  All these cases
involve alleged non-recurring subsidies granted to firms prior to a change of ownership.
• Furthermore, the EC considered that if the US had properly examined the nature of the
change of ownership in each of these cases, it would have found that it took place for fair
                                                     
1 Original imposition of countervailing duties (post-WTO measures) :  Stainless Sheet and Strip in
Coils from France (C-427-815); Certain Cut-to-Length Carbon Quality Steel from France (C-427-817); Certain
Pasta from Italy (C-475-819); Stainless Steel Sheet and Strip in coils from Italy (C-475-821); Certain StainlessSteel Wire Rod from Italy (C-475-823); Stainless Steel Plate in coils from Italy (C-475-825); Certain Cut-to-length Carbon-quality steel plate from Italy (C-475-827). Administrative reviews: Cold-Rolled Carbon Steel
Flat Products from Sweden (C-401-401); Cut-to Length Carbon Steel Plate from Sweden (C-401-804); Grain-oriented electrical steel from Italy * (C-475-812). Sunset reviews: Cut-to-Length Carbon Steel Plate from
United Kingdom (C-412-815); Certain Corrosion-Resistant Carbon Steel Flat Products from France
(C-427-810); Cut-to-Length Carbon Steel Plate from Germany (C-428-817); Cut-to-Length Carbon Steel Platefrom Spain (C-469-804).
* 
Preliminary determination, plus final sunset resultsWT/DS/OV/1
Page 35
market value, and that in such a case no benefit, as defined by Article 1.1(b) of the SCM
Agreement read in conjunction with Article 14, was conferred on the producers of the
goods subject to the duties by previous financial contributions from the Government to
other producers.
• According to the EC, in these circumstances , the amount of countervailing duty would
have been greatly reduced, or in some cases, zero.
On 1 February 2001, the EC requested further consultations with the US.  Failing
consultations and further to the request of the EC the DSB established a panel at its meeting
of 10 September 2001.  Brazil, India and Me xico reserved their third-party rights.
12. WT/DS213 – United States – Countervailin g Duties on Certain Corrosion-Resistant
Carbon Steel Flat Products from Germany
Complaint by the European Communities.  On 10 November 2000, the EC requested
consultations with the US in respect of countervailing duties imposed by the US on imports of
certain corrosion-resistant carbon steel flat products ("corrosion resistant steel"), dealt with
under US case number C-428-817.  This dispute relates, in particular, to the final results of a
full sunset review of the above measure, carried out by the US Department of Commerce
("DOC") and published in the US Federal Register No. 65 FR 47407 of 2 August 2000.  Inthis decision, the DOC found that revocation of the countervailing duty order would be likely
to lead to continuation or recurrence of a countervailable subsidy.  The EC considered that
this finding is inconsistent with the obligations of the US under the SCM Agreement and, in
particular, in breach of Articles 10, 11.9 and 21 (notably 21.3) thereof.  In particular, the EC
claimed as follows:
• The countervailing measure was first imposed by DOC prior to the entry into force of the
WTO Agreement. The original rate of countervailing duty was 0.60%. In the sunset
review, the DOC had found that subsidization will continue at a rate of 0.54%. As with
the rate from the original investigation, this subsidy rate would be de minimis  in a new
investigation and immediate termination would be required under Article 11.9 of theSCM Agreement, since the amount of subsidy is below 1% ad valorem . The EC
considered that Article 11.9 applies also in sunset reviews of countervailing measures.
These reviews have the same effect as new investigations. They enable countervailing
duties to be re-imposed and maintained for a further period of five years. In this respect
they are fundamentally different from the retrospective duty assessment mentioned infootnote 52 of the SCM Agreement (the so-called "administrative reviews" in US
practice), in which the DOC maintains the 0.5% de minimis  threshold which appears to
have been erroneously used by DOC in this case.
• The EC further considered that, under Article 21.3 of the SCM Agreement, countervailing
duties have to be terminated after five years, unless the investigating authorities
determine that their expiry would be likely to lead to, inter alia , the continuation or
recurrence of subsidization. According to the EC, it is therefore for the DOC to make a
positive demonstration to this effect. The EC considered that the DOC had not made such
a demonstration, but, rather, that it had merely found that subsidies of less than the
de minimis  level provided for in Article 11.9 will continue. The EC did not consider that
the presence of a level of subsidy which would automatically lead to the termination of a
new investigation can be sufficient to warrant a further five years of countervailing
measures in a sunset review, unless it can be demonstrated, on the basis of positiveevidence, that there is a likelihood of the am ount of subsidy increasing. According to the
EC, in the present case, there is no possibility of any such increase.WT/DS/OV/1
Page 36
On 5 February 2001, the EC requested further consultations.  As the consultations failed, a
panel was established by the DSB on 10 September 2001 further to the request of the EC.
Japan and Norway reserved their third-party rights.
13. WT/DS214 – United States – Definitive Safe guard Measures on Imports of Steel Wire
Rod and Circular Welded Carbon Quality Line Pipe
Complaint by the European Communities.  On 30 November 2000, the EC requested
consultations with the US on US safeguard legislation and its application in two cases
concerning the definitive safeguard measures imposed by the US on imports of certain steel
wire rod ("wire rod") and certain circular welded carbon quality line pipe ("line pipe").  In
particular, the EC considered as follows:
• Sections 201 and 202 of the Trade Act of 1974 contain provisions relating to the
determination of a causal link between increased imports and injury or threat thereof
which prevented the US from respecting Articles 4 and 5 of the Safeguards Agreement.
• Section 311 of the NAFTA Implementation Act contains provisions concerning imports
originating in NAFTA countries which do not respect the requirement of parallelism
between the imported products subject to the investigation and the imported products
subject to the safeguard measure, contrary to Articles 2, 4 and 5 of the Safeguards
Agreement.
• These provisions are in breach of the Most-Favoured-Nation principle under Article I of
the GATT 1994.
According to the EC, these violations are confirmed by the application of the aforesaid US
provisions in two specific cases where the US imposed definitive safeguard measures, (1) in
the form of a tariff rate quota on imports of wire rod effective as of 1 March 2000; and (2) inthe form of an increase in duty on imports of line pipe effective as of 1 March 2000. In the
EC's view, in both the above mentioned cases the US measures are in breach of the US
obligations under the provisions of GATT 1994 and of the Safeguards Agreement, in
particular, but not necessarily exclusively, of: Article 2 Safeguards Agreement; Articles 3.1
and 3.2 Safeguards Agreement; Articles 4.1 and 4.2 Safeguards Agreement; Article 5.1Safeguards Agreement; Article 8.1 Safeguards Agreement; Articles 12.2, 12.3 and 12.11
Safeguards Agreement; Article I:1 of GATT 1994; Article XIX:1 of GATT 1994.
Further to the request of the EC, the DSB established a panel at its meeting of 10 September
2001.  Argentina, Canada, Japan, Korea and Mexico reserved their third-party rights.
14. WT/DS217 – United States – Continued Dumping and Subsidy Offset Act of 2000
Joint complaint by Australia, Brazil, Chile, European Communities, India, Indonesia, Japan,
Korea and Thailand.  On 21 December 2000, all mentioned Members ("complainants")
requested consultations with the US concerning the amendment to the Tariff Act of 1930signed on 28 October 2000 with  the title of  "Continued Dumping and Subsidy Offset Act of
2000" (the "Act") usually referred to as "the Byrd Amendment".  According to the
complainants:
• the Act mandates the US customs authorities to distribute on an annual basis the duties
assessed pursuant to a countervailing duty order, an anti-dumping order or a finding underthe Antidumping Act of 1921 to the petitioners or interested parties who supported the
petition, for their expenditure incurred with respect to "manufacturing facilities,equipment, acquisition of technology, acquisition of raw material or other inputs".  In the
view of the complainants, the Act leaves no discretion to the competent authorities, and,WT/DS/OV/1
Page 37
therefore, constitutes mandatory legislation. According to the complainants, these
"offsets" constitute a specific action against dumping and subsidisation which is not
contemplated in the GATT, the AD Agreement or the SCM Agreement.
• Allegedly, the "offsets" would provide a stro ng incentive to the domestic producers to file
or support petitions for anti-dumping or anti-subsidy measures, thereby distorting theapplication of the standing requirements provided for in the AD Agreement and the SCM
Agreement.
• The Act would make it more difficult for exporters subject to an antidumping or
countervailing duty order to secure an undertak ing with the competent authorities, since
the affected domestic producers will have a vested interest in opposing such undertakings
in favour of the collection of anti-dumping or countervailing duties.
• In the view of the complainants, this is not a reasonable and impartial administration of
the US laws and regulations implementing the provisions of the ADA and the ASCM
regarding standing determinations and undertakings.
For the above reasons, the complainants consider ed that the Act is inconsistent with the
obligations of the United States under several provisions of the GATT, the AD Agreement,
the SCM Agreement, and the WTO Agreement.  By  being inconsistent with those provisions,
the Act appears to nullify or impair the benefits accruing to the requesting Members under the
cited agreements in the manner described in Article XXIII.1 (a) of the GATT.  Furthermore,
the complainants stated that, whether or not in conflict with the cited Agreements, the Actmay nullify or impair benefits accrued to them under those agreements and/or impede the
attainment of objectives of those agreements in the manner described in Article XXIII.1 (b) of
the GATT. In addition, the complainants considered that the "offsets" paid under the Act
constitute specific subsidies within the meaning of Article 1 of the SCM Agreement, which
may cause "adverse effects" to their interests, in the sense of Article 5 of the SCM Agreement
At its meeting of 23 August 2001, the DSB established a panel further to the joint request of
the complainants.  Argentina; Canada; Costa Rica; Hong Kong, China; Israel; Norway and
Mexico reserved their third-party rights.
Further to Canada and Mexico's request to establish a panel on a similar matter, the DSB, at
its meeting of 10 September 2001, established a single panel pursuant to paragraphs 1 and 2
of Article 9 of the DSU.  This panel would therefore examine not only Canada and Mexico's
claims (see WT/DS234 below) but also those previously brought by Australia, Brazil, Chile,
European Communities, India, Indonesia, Japan, Korean and Thailand.
15. WT/DS219 – European Communities – Anti-dumping duties on malleable cast iron tube
or pipe fittings from Brazil
Complaint by Brazil.  On 21 December 2000, Brazil requested consultations with the EC as
regards definitive anti-dumping duties imposed by Council Regulation (EC) n° 1784/2000concerning imports of malleable cast iron tube or pipe fittings originating, inter alia , in
Brazil.
• Brazil considered that the EC's establishment of the facts was not proper and that its
evaluation of these facts was not unbiased and objective, both at the provisional and
definitive stage, particularly in relation to the initiation and conduct of the investigation
(including the evaluation, findings and determination of dumping, injury and causal link
between them).
• Brazil also challenged the evaluation and findings made in relation to the "community
interest".WT/DS/OV/1
Page 38
• In sum, Brazil considered that the EC had infringed Article VI of GATT 1994 and
Articles 1, 2, 3, 4 ,5 , 6, 7, 9, 11, 12 and 15 of the Anti-dumping Agreement.
Further to Brazil's request, the DSB established a panel at its meeting of 24 July 2001.  Chile,
Japan, Mexico and the US reserved their third-party rights.
16. WT/DS221 – United States – Section 129(c)(1) of the Uruguay Round Agreements Act
Complaint by Canada.  On 17 January 2001, Canada requested consultations with the US
concerning Section 129(c)(1) of the Urugua y Round Agreements Act (the "URAA") and the
Statement of Administrative Action accompanying the URAA.  In Canada's view, in a
situation in which the DSB has ruled that the US has, in an anti-dumping or countervailing
duty proceeding, acted inconsistently with US  obligations under the AD or SCM Agreements,
the US law prohibits the US from complying fully with the DSB ruling. Under US law,
determinations whether to levy anti-dumping or countervailing duties are made after theimports occur.  With regard to imports that oc curred prior to a date on which the US directs
compliance with the DSB ruling, the measures require US authorities to disregard the DSB
ruling in making such determinations, even  where the determination whether to levy anti-
dumping or countervailing duties is made after the date fixed by the DSB for compliance. In
such circumstances, determinations by the US  to levy anti-dumping or countervailing duties
would be inconsistent with its obligations under the AD or SCM Agreements.
Canada considered that these measures are inconsistent with US obligations under Article
21.3 of the DSU, in the context of Articles 3.1, 3.2, 3.7 and 21.1 of the DSU; Article VI of the
GATT 1994; Articles 10 and note 36, 19.2, 19.4 and note 51, 21.1, 32.1, 32.2, 32.3, and 32.5of the SCM Agreement; Articles 1, 9.3, 11.1, 18.1-4 and note 12 of the AD Agreement; and
Article XVI:4 of the WTO Agreement.
Further to Canada's request, the DSB established a panel at its meeting of 23 August 2001.
Chile, EC, India and Japan reserved their third-party rights.
17. WT/DS222 – Canada – Export Credits and Loan Guarantees for Regional Aircraft
Complaint by Brazil.  On 22 January 2001, Brazil requested consultations with Canada
concerning subsidies which are allegedly being granted to  Canada's regional aircraft industry.
Brazil's claims are as follows:
• Export credits, within the meaning of Item (k) of Annex I to the SCM Agreement, are
being provided to Canada's regional aircraft industry by the Export Development
Corporation (EDC) and the Canada Account.
• Loan guarantees, within the meaning of Item (j) of Annex I to the SCM Agreement, are
being provided by EDC, Industry Canada, and the Province of Quebec, to support exports
of Canada's regional aircraft industry.
• Brazil takes the view that all of the above-mentioned measures are subsidies, within the
meaning of Article 1 of the SCM Agreement, since they are financial contributions thatconfer a benefit.
• According to Brazil, they are also contingent, in law or in fact, upon export, and
constitute, therefore, a violation of Article 3 of the SCM Agreement.
Further to Brazil's request, the DSB established a panel at its meeting of 12 March 2001.
Australia, the EC, India and the US reserved their third party rights.  On 9 August 2001, the
Panel informed the DSB that it would not be possible to complete its work with the 3 monthsdeadline from its composition.  The panel expects to complete its work by October 2001.WT/DS/OV/1
Page 39
18. WT/DS231 – European Communities – Trade Description of Sardines
Complaint by Peru.  On 20 March 2001, Peru requested consultations with the EC concerning
Regulation (EEC) 2136/89 which, according to Peru, prevents Peruvian exporters to continue
to use the trade description "sardines" for their products.
Peru submitted that, according to the relevant Codex Alimentarius standards (STAN 94-181
rev. 1995), the species " sardinops sagax sagax " are listed among those species which can be
traded as "sardines".  Peru, therefore, considered that the above Regulation constitutes an
unjustifiable barrier to trade, and, hence, in breach of Articles 2 and 12 of the TBT Agreement
and Article XI:1 of GATT 1994.  In addition, Peru argues that the Regulation is inconsistent
with the principle of non-discrimination, and, he nce, in breach of Articles I and III of GATT
1994.
Further to Peru's request, the DSB established a Panel at its meeting on 24 July 2001.
Canada, Chile, Colombia, Ecuador, Venezuela and the US reserved their third-party rights.
19. WT/DS234 – United States – Continued Dumping and Subsidy Offset Act of 2000
Complaint by Canada and Mexico.  On 21 May 2001, Canada and Mexico requested
consultations with the US concerning the amendment to the Tariff Act of 1930  signed into law
by the President on October 28, 2000, entitled the " Continued Dumping and Subsidy Offset
Act of 2000 " (the Act), usually referred to as the Byrd Amendment.
A summary of Canada and Mexico's allegations is as follows:
• Canada and Mexico claimed that the express purpose of the Act is to remedy the
"continued dumping or subsidization of import products after the issuance of antidumping
orders or findings or countervailing duty orders". With that objective, the Act requires the
US customs authorities to distribute, on an annual basis, the duties assessed pursuant to acountervailing duty order, an anti-dumping order or a finding under the Antidumping Act
of 1921  to the "affected domestic producers" for their "qualifying expenses". The
"affected domestic producers" are the petitioners or interested parties who supported the
petition. "Qualifying expenses" include the expenditure incurred with respect to
"manufacturing facilities, equipment, acquisition of technology, acquisition of rawmaterial or other inputs."
• According to Canada and Mexico, the "offsets" constitute a specific action against
dumping and subsidization which is not c ontemplated in the GATT, the Anti-Dumping
Agreement ("ADA") or the SCM Agreement.
• Moreover, the "offsets" provide a strong incentive to the domestic producers to file or
support petitions for anti-dumping or countervailing  measures, thereby distorting the
application of the standing requirements provided for in the ADA and SCM Agreement.
• In addition, the Act makes it more difficult for exporters subject to an anti-dumping or
countervailing duty order to secure an undertak ing with the competent authorities, since
the affected domestic producers will have a vested interest in opposing such undertakings
in favour of the collection of anti-dumping or countervailing duties. In Canada and
Mexico’s view, this would not lead to an impartial and reasonable administration of the
US laws, regulations and decisions or rulings implementing the provisions of the ADA
and the SCM Agreement regarding standing determinations and undertakings.
• Furthermore, Canada and Mexico considered that the "offsets" paid under the Act
constitute specific subsidies within the meaning of Article 1 of the SCM Agreement,
which may cause "adverse effects" to their interests, in the sense of Article 5 of the SCMWT/DS/OV/1
Page 40
Agreement in the form of nullification and impairment of benefits accruing directly or
indirectly to Canada and Mexico and serious prejudice in the sense of Article 6 of the
SCM Agreement.
• For these reasons, Canada and Mexico alleged that the Act appears to be inconsistent with
the obligations of the United States under the Marrakesh Agreement establishing theWTO, as well as the GATT, the ADA and the SCM Agreement. In particular, the Act is
alleged to be inconsistent with the obligations of the United States under: (i) Article 18.1of the ADA in conjunction with Article VI:2 of the GATT and Article 1 of the ADA; (ii)
Article 32.1 of the SCM Agreement, in conjunction with Article VI:3 of the GATT and
10 of the SCM Agreement; (iii) Article X(3)(a) of the GATT; (iv) Article 5.4 of the ADA
and Article 11.4 of the SCM Agreement; (v) Article 8 of the ADA and Article 18 of the
SCM Agreement; (vi) Article 5 of the SCM Agreement; and (vii) Article XVI:4 of the
Marrakesh Agreement establishing the WTO, Article 18.4 of the ADA and Article 32.5 of
the SCM Agreement.
• According to Canada and Mexico, as a result of being inconsistent with the above
provisions, the Act appears to nullify or impair the benefits accruing to Canada andMexico under the cited Agreements in the manner described in Article XXIII:1 (a) of
GATT.
• In addition, Canada and Mexico considered that the Act, whether or not it conflicts with
the provisions of the cited Agreements, may nullify or impair benefits accruing to Canada
and Mexico under the above-mentioned Agreements in the manner described inArticle XXIII:1(b) of GATT.
At its meeting of 10 September 2001, the DSB established a single panel pursuant to
paragraphs 1 and 2 of Article 9 of the DSU to  examine not only Canada and Mexico's claims
but also those previously brought by Australia, Brazil, Chile, European Communities, India,Indonesia, Japan, Korea and Thailand (see WT/DS217 above).  In this regard, the countries
who had reserved third-party rights to participate in the Panel established on 23 August 2001
were considered to be third-parties in the single Panel established at the 10 September
meeting.  Australia, Brazil, the EC, India, Indonesia, Japan, Korean and Thailand also
reserved their third-party rights to this Panel.
III. REPORTS ISSUED
A. PANEL REPORTS
1. WT/DS189 – Argentina – Definitive Anti-Dum ping Measures on Imports of Ceramic
Floor Tiles from Italy
Complaint by the European Communities.  On 26 January 2000, the EC requested
consultations with Argentina in respect of Argentina's definitive anti-dumping measures on
imports of carton-board from Germany imposed on 26 February 1999 as well as 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 rejectedwithout justification a request by EC exporters  for confidential treatment with respect to
highly sensitive business information, disregarded without explanation most of the
information presented by the EC exporters and failed to disclose the essential facts under
consideration which formed the basis of the decision to impose anti-dumping measures.  The
EC considered that these measures are inconsistent with the Anti-Dumping Agreement, and in
particular, Articles 2; 6.5; 6.9; 6.10; and 6.8 in conjunction with paragraphs 3, 5, 6, and 7 of
Annex II of the Anti-Dumping Agreement.WT/DS/OV/1
Page 41
Further to the EC's request, the DSB established a panel at its meeting on 17 November 2000
on the basis of the EC's reduced complaint which relates only to definitive anti-dumping
measures on imports of ceramic floor tiles from Italy.  Japan, Turkey and the US reserved
their third-party rights.
The Panel circulated its report to Members on 28 September 2001.  The Panel found that:
• Argentina acted inconsistently with Arti cle 6.8 of Annex II of the Anti-Dumping
Agreement by disregarding in large part the information provided by the exporter for the
determination of the normal value and export price, and this without informing the
exporters of the reasons for such a rejection;
• Argentina acted inconsistently with Article 6.10 of the Anti-Dumping Agreement by not
determining an individual dumping margin for each sampled exporter;
• Argentina acted inconsistently with Article 2.4 of the Anti-Dumping Agreement by
failing to make due allowance for difference in physical characteristics affecting pricecomparability;
• Argentina acted inconsistently with Article 6.9 of the Anti-Dumping Agreement by not
disclosing to the exporters the essential facts under consideration which form the basis forthe decision whether to apply definitive measures.
B. COMPLIANCE PANEL REPORTS (ARTICLE 21.5)
Nil.
C. APPELLATE BODY REPORTS
1. WT/DS192 – United States – Transitional Safeguard Measure on Combed Cotton Yarn
from Pakistan
Complaint by 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 situationcalled 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 TMBpursuant 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.
At its meeting on 19 June 2000, the DSB established a panel.  India and the EC reserved their
third-party rights.  The panel circulated its report on 31 May 2001.  The Panel concluded thatthe transitional safeguard measure (quantitative restriction) imposed by the US on imports ofWT/DS/OV/1
Page 42
combed cotton yarn from Pakistan as of 17 March 1999, and extended as of 17 March 2000
for a further year is inconsistent with the provisions of Article 6 of the ATC.  Specifically, the
Panel found that:
• Inconsistently with its obligations under 6.2, the US excluded the production of combed
cotton yarn by vertically integrated producers for their own use from the scope of the
"domestic industry producing like and/or directly competitive products" with importedcombed cotton yarn;
• Inconsistently with its obligations under Article 6.4, the US did not examine the effect of
imports from Mexico (and possibly other appropriate Members) individually;
Inconsistently with its obligations under Articles 6.2 and 6.4, the US did not demonstrate
that the subject imports caused an "actual threat" of serious damage to the domestic
industry.
• With respect to the other claims, the Panel found that Pakistan did not establish that the
measure at issue was inconsistent with the US obligations under Article 6 of the ATC.Specifically, the Panel found that: (a)  Pakistan did not establish that the US
determination of serious damage was not justified based on the data used by the US
investigating authority; (b)  Pakistan did not establish that the US determination of
serious damage was not justified regarding the evaluation by the US investigating
authority of establishments that ceased producing combed cotton yarn; (c) Pakistan did
not establish that the US determinations of serious damage and causation thereof were notjustified based upon an inappropriately chosen period of investigation and period of
incidence of serious damage and causation thereof.
• The Panel recommended that the Dispute Settlement Body request that the United States
bring the measure at issue into conformity  with its obligations under the ATC, and
suggested that this can best be achieved by prompt removal of the import restriction.
On 9 July 2001, the US notified its decision to a ppeal to the Appellate Body certain issues of
law covered in the Panel Report and certain legal interpretations developed by the Panel.  On
5 September 2001, the Appellate Body informed the DSB that it would not be able to
circulate its report within the 7 September deadline.  The Report was circulated to Members
on 8 October 2001.  The Appellate Body:
• found that the Panel exceeded its mandate under Article 11 of the DSU by considering
United States Census data for the calendar year 1998;
• upheld the Panel's finding, in paragraph 8.1(a) of its Report, that the United States acted
inconsistently with Article 6.2 of the   ATC ,  by excluding from the scope of the domestic
industry the production of combed cotton yarn by vertically integrated producers for their
own internal use;
• upheld the Panel's finding, in paragraph 8.1(b) of its Report, that the United States acted
inconsistently with Article 6.4 of the  ATC,  by not examining the effect of imports from
Mexico (and possibly other appropriate Members) individually when attributing serious
damage to Pakistan;  and
• declined to rule on the issue of whether Article 6.4 of the  ATC  requires attribution to all
Members the imports from whom cause serious damage or actual threat thereof and
concludes that the Panel's interpretation on this issue is of no legal effect.
• recommended that the DSB request the United States to bring its measure into conformity
with its obligations under that Agreement on Textiles and Clothing .
D. APPELLATE BODY COMPLIANCE REPORTS (ARTICLE 21.5)
Nil.WT/DS/OV/1
Page 43
IV. REPORTS APPEALED
A. PANEL REPORTS
1. WT/DS176 – United States – Section 211 Omnibus Appropriations Act
Complaint by the European Communities and its Member States.  On 8 July 1999, the EC
requested consultations with the US 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 la w 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 asse ts 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 Ac t 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.
Further to the request of the EC and its Member States, the DSB established a panel at its
meeting on 26 September 2000.  Canada, Japan and Nicaragua reserved their third-party
rights.
The panel circulated its Report on 6 August 2001.  The Report rejected most of the claims by
the EC and their Member States except that relating to the inconsistency of Section 211(a)(2)
of the Omnibus Appropriations Act with Article 42 of the TRIPS Agreement.  In this regard,
the panel concluded that this Section is inconsistent with the relevant TRIPs Article on the
grounds that it limits, under certain circumstances, right holders' effective access to andavailability of civil judicial procedures.
On 4 October 2001, the EC and its Member States notified their decision to appeal certain
issues of law and legal interpretations developed by the panel report.
B. COMPLIANCE PANEL REPORTS (ARTICLE 21.5)
1. WT/DS58/RW – United States - Import Prohibition of Certain Shrimp and Shrimp
Products
(See WT/DS58 for precedents) On the grounds that the US had not implemented
appropriately the recommendations of the DSB, on 12 October 2000, Malaysia requested thatthe matter be referred to the original panel pursuant to Article 21.5 of the DSU.  In particular,
Malaysia considered that by not lifting the import prohibition and not taking the necessary
measures to allow the importation of certain shrimp and shrimp products in an unrestrictive
manner, the United States had failed to comp ly with the recommendations and rulings of the
DSB.  At its meeting of 23 October 2000, the DSB referred the matter to the original panelpursuant to Article 21.5 DSU. Australia, Cana da, the EC, Ecuador, India, Japan, Mexico,
Pakistan, Thailand and Hong Kong, China reserved their third-party rights to participate in the
Panel's proceedings.
The Panel circulated its report on 15 June 2001. The Panel concluded that:
• the measure adopted by the US in order to comply with the recommendations and rulings
of the DSB violates Article XI.1 of the GATT 1994;WT/DS/OV/1
Page 44
• in light of the recommendations and rulings of the DSB, Section 609 of Public Law 101-
162, as implemented by the Revised Guidelines of 8 July 1999 and as applied so far by
the US authorities, is justified under Article XX of the GATT 1994 as long as the
conditions stated in the findings of this Report, in particular the ongoing serious good
faith efforts to reach a multilateral agreement, remain satisfied.
• should any one of the conditions referred above cease to be met in the future, the
recommendations of the DSB may no longer be complied with. In such a case, any
complaining party in the original case may be entitled to have further recourse to
Article 21.5 of the DSU.
On 23 July 2001, Malaysia notified the DSB its intention to appeal the above report.  In
particular, Malaysia sought review by the Appe llate Body of the Panel's finding that the US
measure at issue does not constitute unjustifiable or arbitrary discrimination betweencountries where the same conditions prevail and that it is therefore within the scope of the
measures permitted under Article XX of the GA TT 1994 as long as the conditions stated in
the findings of the Panel Report, in particular the ongoing serious good faith efforts to reach a
multilateral agreement, remain satisfied.
On 19 September, the Appellate Body informed the DSB of a delay in the circulation of its
Report in this appeal.  Accordingly, the Report is expected to be circulated no later than22 October 2001.
2. WT/DS103/RW and WT/D S113/RW – Canada - Measures Affecting the Importation of
Milk and the Exportation of Dairy Products
(See WT/DS103 for precedents).  On 16 February 2001, the US and New Zealand requested
the DSB to refer the problems with the implemen tation of the original report to the original
panel pursuant to Article 21.5 DSU. At its meeting of 1 March 2001, the DSB referred the
matter to the original panel.  Australia, the EC and Mexico reserved their third party rights.
The Article 21.5 Panel circulated its report on 11 July 2001.  The Panel concluded that
Canada, through the CEM scheme and the continued operation of Special Milk Class 5(d),
has acted inconsistently with its obligations under Articles 3.3 and 8 of the Agreement on
Agriculture, by providing export subsidies within the meaning of Article 9.1(c) of the
Agreement on Agriculture in excess of its quantity commitment levels specified in its
Schedule for exports of cheese, for the marketing year 2000/2001.
On 4 September 2001, Canada appealed the abovementioned Article 21.5 Panel before the
Appellate Body.  In particular, Canada appealed the Panel's finding that the Canadian
measures in question constitute an export subsidy within the meaning of Article 9.1(c)of the
Agreement on Agriculture.  Canada considered that the Panel's finding that commercial
export sales constitute payments that are financed by virtue of governmental action is based
on erroneous findings on issues of law and on related legal interpretations with respect to theinterpretation and application of the said Article 9.1(c).
3. WT/DS108/RW – United States  – Tax Treatment for "Foreign Sales Corporations"
On 7 December 2000, the EC notified the DSB that consultations had failed to settle the dispute
and that it was requesting the establishment of a panel pursuant to Article 21.5 of the DSU.  Atits meeting of 20 December, the DSB agreed to refer the matter to the original panel.  On 21
December 2000, pursuant to an agreement between the parties, the US and the EC jointly
requested the Article 22.6 DSU arbitrator to suspend the arbitration proceeding until adoptionWT/DS/OV/1
Page 45
of the panel report or, if there is an appeal, adoption of the Appellate Body report.  The
arbitration was accordingly suspended.
On 20 August 2001, the compliance panel report was circulated to the Members.  The Panel
concluded that the amended FSC legislation was still inconsistent with Articles 3.1(a) and 3.2
of the SCM Agreement, with 10.1 and 8 of the Agreement on Agriculture and withArticle III:4 of the GATT 1994.
On 15 October 2001, the US notified its decision to appeal certain issues of law and legal
interpretations developed by the panel report.
4. WT/DS132/RW – Mexico - Anti -Dumping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States
On 12 October 2000, the US requested that the DSB refer the matter to the original panel,
pursuant to Article 21.5 of the DSU, in orde r to establish whether Mexico had correctly
implemented the DSB's recommendations.  At its meeting of 23 October 2000, the DSB
referred the matter to the original panel pursuant to Article 21.5 of the DSU.  The EC,
Jamaica and Mauritius reserved their third-party rights to participate in the Panel'sproceedings. The US and Mexico informed the DSB that they were discussing mutually
agreeable procedures under Articles 21 and 22 of the DSU in relation to this matter.
The Article 21.5 Panel circulated its report on 22 June 2001.  The Panel concluded that
Mexico's imposition of definitive anti-dumping duties on imports of HFCS from the US onthe basis of the SECOFI redetermination was inconsistent with the requirements of the
AD Agreement in that Mexico's inadequate consideration of the impact of dumped imports on
the domestic industry, and its inadequate consideration of the potential effect of the alleged
restraint agreement in its determination of likelihood of substantially increased importation,
are not consistent with the provisions of Articles 3.1, 3.4, 3.7 and 3.7(i) of the AD Agreement.The Panel therefore considered that Mexico has failed to implement the recommendation of
the original Panel and the DSU to bring its measure into conformity with its obligations under
the AD Agreement.
On 24 July 2001, Mexico appealed the above Panel report.  In particular, Mexico requested
the Appellate Body to examine and reverse the Panel's conclusions that Mexico's imposition
of definitive anti-dumping duties on imports of  HFCS from the United States, on the basis of
SECOFI's redetermination, was inconsistent with the requirements of the Anti-Dumping
Agreement, in that Mexico's inadequate consideration of the impact of dumped imports on the
domestic industry, and its inadequate consideration of the potential effect of the alleged
restraint agreement in its determination of likelihood of substantially increased importation,
are not consistent with the provisions of Article 3.1, 3.4, 3.7 and 3.7(i) of the Anti-DumpingAgreement, and that Mexico therefore failed to implement the recommendation of the original
Panel and of the DSB to bring its measure into conformity with its obligations under the Anti-
Dumping Agreement;  and that it has nullified or impaired benefits accruing to the United
States under that Agreement.  According to Mexico, these conclusions are based on erroneous
matters of law and legal interpretations of various provisions of the Anti-Dumping Agreementand the DSU.
On 20 September 2001, the Appellate Body informed that the issuance of the report would be
delayed.  It is now expected to be issued no later than Monday, 22 October 2001.WT/DS/OV/1
Page 46
V. COMPLETED PANEL AND APPELLATE BODY REVIEW
A. APPELLATE BODY AND PANEL REPORTS ADOPTED
1. WT/DS2 and WT/DS4 – United States - St andards for Reformulated and Conventional
Gasoline
Complaints by Venezuela and Brazil.  A single panel considered the complaints of both
Venezuela and Brazil.   Complainants alleged that a US gasoline regulation discriminatedagainst complainants' gasoline in violation of  GATT Articles I and III and Article 2 of the
Agreement on Technical Barriers to Trade (TBT).  The report of the panel found the regulation
to be inconsistent with GATT Article III:4 and not to benefit from an Article XX exception,
(WT/DS2/R, 29 January 1996).
The US appealed on 21 February 1996.  On 22 Apr il, the Appellate Body  issued its report,
modifying the panel report on the interpretati on of GATT Article XX(g) , but concluding that
Article XX(g) was not applicable in this case.  The Appellate Report, together with the panel
report as modified by the Appellate Re port, was adopted by the DSB on 20 May 1996.
2. WT/DS8, WT/DS10 and WT/DS11 – Japa n - Taxes on Alcoholic Beverages
Complaints by the European Communities, Cana da and the United States.  The complainants
claimed that spirits exported to Japan were discriminated against under the Japanese liquor tax
system which, in their view, levies a substantially lower tax on "shochu" than on whisky,
cognac and white spirits.
A joint panel was established at the DSB meeting on 27 September 1995.  The report of the
panel, which found the Japanese tax system to be inconsistent with GATT Article III:2, was
circulated to Members on 11 July 1996.
On 8 August 1996 Japan filed an appeal. The re port of the Appellate Body was circulated to
Members on 4 October 1996. The Appellate Body's Report affirmed the Panel's conclusion thatthe Japanese Liquor Tax Law is inconsistent with GATT Article III:2, but pointed out several
areas where the Panel had erred in its legal reas oning. The Appellate Report, together with the
panel report as modified by the Appellate Report, was adopted on 1 November 1996.
3. WT/DS18 – Australia - Measures Affe cting the Importation of Salmon
Complaint by Canada.  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 GATT Articles XI and X III,
and also inconsistent with the SPS Agreement.
Further to Canada's request, the DSB established a panel at its meeting on 10 April 1997.  The
US and the European Communities reserved their third-party rights.  The report of the Panel
was circulated to Members on 12 June 1998.  The Panel found that Australia's measures
complained against were inconsistent with Articles 2.2, 2.3, 5.1, 5.5, and 5.6 of the SPS
Agreement, and also nullified or impaired benefits accruing to Canada under the SPS
Agreement.
On 22 July 1998, Australia notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 20 October 1998.  The Appellate Body reversed the Panel's reasoning with respect
to Articles 5.1 and 2.2 of the SPS Agreement but nevertheless found that:WT/DS/OV/1
Page 47
• Australia had acted inconsistently with Articles 5.1 and 2.2 of the SPS Agreement;
• broadened the Panel's finding that Australia had acted inconsistently with Articles 5.5 and
2.3 of the SPS Agreement;
• reversed the Panel's finding that Australia ha d acted inconsistently with Article 5.6 of the
SPS Agreement but was unable to come to a conclusion whether or not Australia's measure
was consistent with Article 5.6 due to insufficient factual findings by the Panel.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 6 November 1998.
4. WT/DS22 – Brazil - Measures Af fecting Desiccated Coconut
Complaint by the Philippines.  On 27 November 1995, the Philippines requested consultations
with Brazil in respect of a countervailing duty imposed by Brazil on the Philippine's exports ofdesiccated coconut.  The Philippines claimed th at this duty was inconsistent with WTO and
GATT rules.
Further to the Philippines' request, the DSB es tablished a panel at its meeting on 5 March 1996.
The report was circulated to Members on 17 Oc tober 1996.  The report of the Panel concluded
that the provisions of the agreements relied on by  the claimant were inapplicable to the dispute.
On 16 December 1996, the Philippines notified its decision to appeal against certain issues of
law and legal interpretations developed by the panel. The report of the Appellate Body was
circulated to Members on 21 February 1997.  The Appellate Body upheld the findings and legal
interpretations of the Panel.
The Appellate Body report and the Panel report, as  modified by the Appellate Body report, were
adopted by the DSB on 20 March 1997.
5. WT/DS24 – United States - Restrictions on Imports of Cotton and Man-Made Fibre
Underwear
Complaint by Costa Rica.  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.
Further to Costa Rica's request, the DSB established a panel at its meeting on 5 March 1996.
The report of the panel was circulated to members on 8 November 1996.  The Panel found that
the US restraints were not valid.
On 11 November 1996, Costa Rica notified its deci sion to appeal against one aspect of the
Panel report. The report of the Appellate Body  was circulated to Members on 10 February 1997.
The Appellate Body upheld the appeal by Cost a Rica on that particular point. The Appellate
Body report and the Panel report as modified by the Appellate Body report, were adopted by the
DSB on 25 February 1997.
6. WT/DS26 – European Communities - Measu res Affecting Meat and Meat Products
(Hormones)
Complaint by the United States.  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 Farm ing of Certain Substances Having a HormonalWT/DS/OV/1
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Action restrict or prohibit imports of meat a nd meat products from the United States, and are
apparently inconsistent with GATT Articles III or XI, SPS Agreement Articles 2, 3 and 5, TBT
Agreement Article 2 and the Agreement on Agriculture Article 4.
Further to the US's request, a panel was established at the DSB meeting on 20 May 1996. The
report of the Panel was circulated to Members on 18 August 1997.  The Panel found that the ECban on imports of meat and meat products from cattle treated with any of six specific hormones
for growth promotion purposes was inconsis tent with Articles 3.1, 5.1 and 5.5 of the SPS
Agreement.
On 24 September 1997, the EC notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 16 January 1998.  The Appellate Body upheld the Panel's finding that the ECimport prohibition was inconsistent with Articles 3.3 and 5.1 of the SPS Agreement, but
reversed the Panel's finding that the EC import prohibition was inconsistent with Articles 3.1
and 5.5 of the SPS Agreement.  On the genera l and procedural issues, the Appellate Body
upheld most of the findings and conclusions of th e Panel, except with re spect to the burden of
proof in proceedings under the SPS Agreement.
The Appellate Body report and the Panel report,  as modified by the Appellate Body, were
adopted by the DSB on 13 February 1998.
7. WT/DS27 – European Communities - Regime fo r 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 EC on the
same issue on 28 September 1995 (WT/DS16).  After Ecuador's accession to the WTO, the
current complainants again requested consu ltations with the EC on 5 February 1996.  The
complainants alleged that the EC's regime for importation, sale and distribution of bananas is
inconsistent with GATT Articles I, II, III, X, XI and XIII as well as provisions of the Import
Licensing Agreement, the Agreement on Agri culture, the TRIMs Agreement and the GATS.
A panel was established at the DSB meeting on 8 May 1996. The report of the Panel was
circulated to Members on 22 May 1997.  The Panel found that the EC's banana import regime,
and the licensing procedures for the importation of  bananas in this regime, are inconsistent with
the GATT.  The Panel further found that the Lomé  waiver waives the inconsistency with GATT
Article XIII, but not inconsistencies arising from the licensing system.
On 11 June 1997, the European Communities notified its intention to appeal certain issues of
law and legal interpretations developed by the Panel.  The report of the Appellate Body wascirculated to Members on 9 September 1997.  The Appellate Body mostly upheld the Panel's
findings, but reversed the Panel's findings that  the inconsistency with GATT Article XIII is
waived by the Lomé waiver, and that certain aspects of the licensing regime violated Article X
of GATT and the Import Licensing Agreement.
At its meeting on 25 September 1997, the Appellate Body report and the Panel report, as
modified by the Appellate Body, were adopted by the DSB.
8. WT/DS31 – Canada - Certain Measures Concerning Periodicals
Complaint by the United States. On 11 March 1996, the United States requested consultations
with Canada concerning certain measures prohi biting or restricting the importation into Canada
of certain periodicals.  The US claimed that  the measures are in contravention of GATTWT/DS/OV/1
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Article XI.  The US further alleged that the tax treatment of so-called "split-run" periodicals and
the application of favourable postage rates to cer tain Canadian periodicals are inconsistent with
GATT Article III.
The DSB established a panel on 19 June 1996. The report of the Panel  was circulated to
Members on 14 March 1997.  The Panel found the measures applied by Canada to be inviolation of GATT rules.
On 29 April 1997, Canada notified its intention to  appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 30 June 1997.  The Appellate Body uphe ld the Panel's findings and conclusions on
the applicability of GATT 1994 to Part V.1 of Canada's Excise Tax Act, but reversed the Panel's
finding that Part V.1 of the Excise Act is inconsistent with the first sentence of Article III:2 ofGATT 1994.  The Appellate Body further concl uded that Part V.1 of the Excise Act is
inconsistent with the second sentence of Artic le III:2 of GATT 1994.  The Appellate Body also
reversed the Panel's conclusion that Canada's "funded" postal rate scheme is justified by Article
III:8(b) of GATT 1994.
At its meeting on 30 July 1997, the DSB adopted the Appellate Body report and the Panel
report, as modified by the Appellate Body.
9. WT/DS33 – United States - Measure A ffecting Imports of Woven Wool Shirts and
Blouses
Complaint by India.  On 30 December 1994, I ndia requested consultations with the United
States concerning the transitional safeguard measure imposed by the United States.  India
claimed that the safeguard measure is incons istent with Articles 2, 6 and 8 of the ATC.
A panel was established at the DSB meeting on 17 April 1996. The report of the Panel was
circulated to Members on 6 January 1997.  The Panel found that the safeguard measure imposed
by the United States violated  the provisions of the ATC.
On 24 February 1997, India notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 25 April 1997.  The Appellate Body uphe ld the Panel's decisions on those issues of
law and legal interpretations that were appealed against.
The Appellate Body report and the Panel report, as upheld by the Appellate Body, were adopted
by the DSB on 23 May 1997.
10. WT/DS34 – Turkey - Restrictions on Im ports of Textile and Clothing Products
Complaint by India.  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 claime d 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).
At its meeting on 13 March 1998, the DSB established a panel.  Thailand, Hong Kong, China,
Philippines and the United States reserved their third-party rights. The report of the Panel was
circulated to Members on 31 May 1999.  The Panel found that Turkey's measures areinconsistent with Articles XI and XIII of GATT 1994, and consequently inconsistent alsoWT/DS/OV/1
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with Article 2.4 of the ATC.  The Panel also rejected Turkey's assertion that its measures are
justified by Article XXIV of GATT 1994.
On 26 July 1999, Turkey notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The report of the Appellate Body was circulated on 21
October 1999.  The Appellate Body upheld the Panel's conclusion that Article XXIV of
GATT 1994 does not allow Turkey to adopt, upon the formation of a customs union with the
EC, quantitative restrictions which were found to be inconsistent with Articles XI and XIII of
GATT 1994 and Article 2.4 of the ATC.  However, the Appellate Body concluded that the
Panel erred in its legal reasoning in interpreting Article XXIV of GATT 1994.
At its meeting on 19 November 1999, the DSB adopt ed the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
11. WT/DS44 – Japan - Measures Affecting Consumer Photographic Film and Paper
Complaint by the United States.  On 13 June  1996, the United States requested consultations
with Japan concerning Japan's laws, regulati ons and requirements affecting the distribution,
offering for sale and internal sale of importe d 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).
Further to the US's request, a panel was es tablished at the DSB meeting on 16 October 1996.
The report of the Panel was circulated to Members on 31 March 1998.  The Panel found:
• that the US had not demonstrated that the Japanese 'measures' cited by the US nullified or
impaired, either individually or collectively, be nefits accruing to the US within the meaning
of GATT Article XXIII:1(b);
• that the US had not demonstrated that the Ja panese distribution 'measures' cited by the US
accord less favourable treatment to imported photographic film and paper within the
meaning of GATT Article III:4;  and
• that the US did not demonstrate that Japan failed to publish administrative rulings of
general application in violation of GATT Article X:1.
The Panel report was adopted by the DSB on 22 April 1998.
12. WT/DS46 – Brazil - Export Financing Programme for Aircraft
Complaint by Canada.  On 19 June 1996, Canada requested consultations with Brazil based on
Article 4 of the Subsidies 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 the Subsidies Agreement Articles 3, 27.4 and 27.5.
Canada requested the establishment of a panel on 16 September 1996, alleging violations of
both the Subsidies Agreement and GATT 1994.  The DSB considered this request at its meeting
on 27 September 1996.  Due to Brazil's objection to the establishment of a panel, Canada agreed
to modify its request, limiting the scope of th e request to the Subsidies Agreement.  The
modified request was submitted by Canada on 3 October 1996 but was subsequently withdrawn
prior to a DSB meeting at which it was to be considered.WT/DS/OV/1
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On 10 July 1998, Canada again requested the establishment of a panel.  At its meeting on 23
July 1998, the DSB established a panel.  The US reserved its rights as a third-party in the
dispute. The report of the Panel was circul ated to Members on 14 April 1999.  The Panel found
that Brazil's measures were inconsistent w ith Articles 3.1(a) and 27.4 of the Subsidies
Agreement.
On 3 May 1999, Brazil notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 2 August 1999.  The Appellate Body upheld all the findings of the panel, but
reversed and modified the panel's interpretation of  the "material advantage" clause in item (k) of
the Illustrative List of Export Subsid ies in Annex I of the SCM Agreement.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 20 August 1999.
13. WT/DS48 – European Communities - Mea sures Affecting Livestock and Meat
(Hormones)
Complaint by Canada.  On 28 June 1996, Canada requested consultations with the EC regarding
the importation of livestock and meat from live stock that have been treated with certain
substances having a hormonal action unde r GATT Article XXII and the corresponding
provisions in the SPS, TBT and Agriculture Agreements.  Violations SPS Articles 2, 3 and 5;
GATT Article III or XI; TBT Article 2; and Agriculture Article 4 are alleged.  The Canadianclaim was essentially the same as the US claim (WT/DS26), for which a panel was established
earlier.
The DSB established a panel on 16 October 1996. The report of the Panel was circulated to
Members on 18 August 1997.  The Panel found that  the EC ban on imports of meat and meat
products from cattle treated with any of six specific hormones for growth promotion purposes
was inconsistent with Articles 3.1, 5.1 and 5.5 of the SPS Agreement.
On 24 September 1997, the EC notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 16 January 1998.  The Appellate Body upheld the Panel's finding that the EC
import prohibition was inconsistent with Articles 3.3 and 5.1 of the SPS Agreement, but
reversed the Panel's finding that the EC import prohibition was inconsistent with Articles 3.1
and 5.5 of the SPS Agreement.  On the genera l and procedural issues, the Appellate Body
upheld most of the findings and conclusions of th e Panel, except with re spect to the burden of
proof in proceedings under the SPS Agreement.
The Appellate Body report and the Panel report,  as modified by the Appellate Body, were
adopted by the DSB on 13 February 1998.
14. WT/DS50 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products
Complaint by the United States.  On 2 July 1996, the US requested consultations with India
concerning the alleged absence of patent protection for pharmaceutical and agricultural
chemical products in India. Violations of  the TRIPS Agreement Articles 27, 65 and 70 are
claimed.
The DSB established a panel at its meeting on 20 November 1996. The report of the Panel was
circulated on 5 September 1997.  The Panel found that India has not complied with itsWT/DS/OV/1
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obligations under Article 70.8(a) or Article 63(1) and (2) of the TRIPS Agreement by failing to
establish a mechanism that adequately preserves novelty and priority in respect of applications
for product patents for pharmaceutical and agricultu ral chemical inventions, and was also not in
compliance with Article 70.9 of the TRIPS Agreem ent by failing to establish a system for the
grant of exclusive marketing rights.
On 15 October 1997, India notified its intention to  appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 19 December 1997.  The Appellate B ody upheld, with modifications, the Panel's
findings on Articles 70.8 and 70.9, but ruled that Arti cle 63(1) was not within the Panel's terms
of reference.
The Appellate Body report and the Panel report,  as modified by the Appellate Body, were
adopted by the DSB on 16 January 1998.
15. WT/DS54 – Indonesia - Certain Measures Affecting the Automobile Industry
Complaint by the European Communities.  See WT/DS55 below.
16. WT/DS55 – Indonesia - Certain Measures Affecting the Automobile Industry
Complaint by Japan.  On 4 October 1996, Japa n requested consultations with Indonesia
concerning Indonesia's National Car Programme -- basically the same measures as in
WT/DS54.  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.
Further to Japan's request, the DSB established a panel at its meeting on 12 June 1997.  In
accordance with Article 9.1 of the DSU, the DSB decided that a single panel will examine this
dispute together with WT/D S54, WT/DS59 and WT/DS64.  Th e report of the Panel was
circulated to Members on 2 July 1998.  The Pa nel found that Indonesia was in violation of
Articles I and II:2 of GATT 1994, Article 2 of the TRIMs Agreement, Article 5(c) of the SCM
Agreement, but was not in vi olation of Article 28.2 of the SCM Agreement.  The Panel
however, found that the complainants had not de monstrated that Indonesia was in violation of
Articles 3 and 65.5 of the TRIPS Agreement. At its meeting on 23 July 1998, the DSB adoptedthe Panel report.
17. WT/DS56 – Argentina - Cert ain Measures Affecting Imports of Footwear, Textiles,
Apparel and Other Items
Complaint by the  United States.  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 c ontended 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 Articl e  VII of GATT 1994, and Article 7 of the
Agreement on Textiles and Clothing.
Further to the US's request, the DSB established a panel at its meeting on 25 February 1997.
The EC and India reserved their third-party rights  to the dispute. The report of the Panel was
circulated on 25 November 1997.  The Panel f ound that the minimum specific duties imposed
by Argentina on textiles and apparel are inconsistent with the requirements of Article II of
GATT, and that the statistical tax of three per cent ad valorem  imposed by Argentina on imports
is inconsistent with the requirements of Article VIII of GATT.WT/DS/OV/1
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On 21 January 1998, Argentina notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 27 March 1998.  The Appellate Body upheld, with some modification, the Panel's
findings and conclusions.
The Appellate Body report and the Panel report,  as modified by the Appellate Body, were
adopted by the DSB on 22 April 1998.
18. WT/DS58 – United States - Import Prohibition of Certain Shrimp and Shrimp Products
Complaint by India, Malaysia, Pakistan a nd Thailand. On 8 October 1996, India, Malaysia,
Pakistan and Thailand requested consultations with the US 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. Viola tions of Articles I, XI and XIII of GATT 1994, as well
nullification and impairment of benefits, were alleged.
On 9 January 1997, Malaysia and Thailand requested the establishment of a panel. On 30
January 1997, Pakistan also requested the establishment of a panel.  At its meeting on
25 February 1997, the DSB established a panel.  Australia, Colombia, the EC, Philippines,Singapore, Hong Kong, India, Guatemala, Mexico, Japan, Nigeria and Sri Lanka reserved their
third-party rights.  On 25 February 1997, India also  requested the establishment of a panel in the
same matter.  At its meeting on 10 April 1997, the DSB agreed to establish a panel in respect of
India's request but agreed to incorporate this with  the panel already established in respect of the
other complainants. The report of the Panel was circulated to Members on 15 May 1998.  ThePanel found that the import ban in shrimp and shrimp products as applied by the United States
is inconsistent with Article XI:1 of GATT 1994, and cannot be justified under Article XX of
GATT 1994.
On 13 July 1998, the US notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 12 October 1998.  The Appellate Body reversed the Panel's finding that the US
measure at issue is not within the scope of measures permitted under the chapeau of Article XX
of GATT 1994, but concluded that the US m easure, while qualifying for provisional
justification under Article XX(g), fails to meet  the requirements of the chapeau of Article XX.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 6 November 1998.
19. WT/DS59 – Indonesia - Certain Measures Affecting the Automobile Industry
Complaint by the United States.  See WT/DS55 above.
20. WT/DS60 – Guatemala - Anti-D umping Investigation Regarding Imports of Portland
Cement from Mexico
Complaint by Mexico.  On 15 October 1996, Mexico  requested consultations with Guatemala in
respect of an anti-dumping investigation commen ced by Guatemala with regard to imports of
portland cement from Mexico. Mexico alleged that this investigation was in violation ofGuatemala's obligations under Articles 2, 3, 5 and 7.1 of the Anti-Dumping Agreement.
At its meeting on 20 March 1997, the DSB establis hed a panel.  The US, Canada, Honduras and
El Salvador reserved their third-party rights. Th e report of the Panel was circulated to Members
on 19 June 1998.  The Panel found that Guatemala ha d failed to comply with the requirements
of Article 5.3 of the Anti-Dumping Agreement by initiating the investigation on the basis ofWT/DS/OV/1
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evidence of dumping, injury and casual link that was not "sufficient" as a justification for
initiation.
On 4 August 1998, Guatemala notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 2 November 1998.  The Appellate Body reversed the Panel's finding that thedispute was properly before the Panel, on the ground that Mexico did not comply with Article
6.2 of the DSU in its request for a panel since it did not identify the measure it was complaining
against.  Having found that the dispute was no t properly before the Panel, the Appellate Body
could not make any conclusions on the findings by  the Panel on the substantive issues that were
also the subject of the appeal.  The Appell ate Body stressed that its decision was without
prejudice to Mexico's right to pursue new di spute settlement proceedings on this matter.
At the DSB meeting on 25 November 1998, the DS B adopted the Appellate Body Report and
the Panel Report, as reversed by the Appellate Body Report.
21. WT/DS62, WT/DS67 and WT/DS 68 – 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 multim edia capability. The US alleged that these
measures violate Article II of GATT 1994.
At its meeting on 25 February 1997, the DSB established a panel.  Japan, Korea, India and
Singapore reserved their third-party rights. The report of the Panel was circulated to Members
on 5 February 1998.  The Panel found that the EC failed to accord imports of LAN equipment
from the US treatment no less favourable than  that provided for in the EC Schedule of
commitments, thereby acting inconsiste ntly with Article II:1 of GATT 1994.
On 24 March 1998, the EC notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 5 June 1998.  The Appellate Body reversed the Panel's conclusion that the EC
tariff treatment of LAN equipment is in consistent with Article II:1 of GATT 1994.
At its meeting on 22 June 1998, the DSB adopted the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
22. WT/DS64 – Indonesia - Certain Measures Affecting the Automobile Industry
Complaint by Japan.  See WT/DS55 above.
23. WT/DS69 – European Communities - Measu res Affecting Importation of Certain
Poultry Products
Complaint by Brazil.  On 24 February 1997, Br azil requested consulta tions 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 XXV II 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.
At its meeting on 30 July 1997, the DSB established a panel.  The US and Thailand reserved
their third-party rights. The report of the Panel was circulated to Members on 12 March 1998.WT/DS/OV/1
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The panel found that Brazil had not demonstrated that the EC had failed to implement and
administer the tariff rate quota for poultry in line with its obligations under the cited agreements.
On 29 April 1998, Brazil notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 13 July 1998.  The Appellate Body upheld most of the Panel's findings andconclusions, but reversed the Panel's finding that  the EC had acted inconsistently with Article
5.1(b) of the Agreement on Agriculture.  The A ppellate Body, however, concluded that the EC
had acted inconsistently with Article 5.5 of the Agreement on Agriculture.
At its meeting on 23 July 1998, the DSB adopted the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
24. WT/DS70 – Canada - Measures Affecting the Export of Civilian Aircraft
Complaint by Brazil.  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 wa s made pursuant to Article 4 of the Subsidies
Agreement.  Brazil contended that these measures are inconsistent with Article 3 of theSubsidies Agreement.
At its meeting on 23 July 1998, the DSB established a panel.  The US reserved its rights as a
third-party in the dispute. The report of the panel was circulated to Members on 14 April 1999.
The Panel found that certain of Canada's measur es were inconsistent with Articles 3.1(a) and
3.2 of the Subsidies Agreement, but rejected Br azil's claim that EDC assistance to the Canadian
regional aircraft industry constitutes export subsidies.
On 3 May 1999, Canada notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 2 August 1999.  The Appellate Body upheld the findings of the panel.
The DSB adopted the Appellate Body  and Panel Reports on 20 August 1999.
25. WT/DS75 – Korea - Taxes on Alcoholic Beverages
Complaint by the European Communities.  On 4 April 1997, the EC requested consultations
with Korea in respect of internal taxes im posed by Korea on certain alcoholic beverages
pursuant to its Liquor Tax Law and Education Ta x Law.  The EC contended that the Korean
Liquor Tax Law and Education Ta x Law appear to be inconsistent with Korea's obligations
under Article III: 2 of GATT 1994.
Further to the EC's request, the DSB established a panel at its meeting on 16 October 1997
which would also examine the complaint by th e US (WT/DS84).  Canada and Mexico reserved
their third-party rights. The report of the Panel (which also covers WT/DS84) was circulated to
Members on 17 September 1998.  The Panel found that:
• soju (both diluted and distilled), is directly competitive and substitutable with the imported
distilled alcoholic beverages that were in issue, namely, whisky, brandy, rum, gin, vodka,
tequila, liqueurs and ad-mixtures.
• Korea has taxed the imported products in a dissimilar manner and that the tax differential
was more than de minimis , and is applied so as to afford protection to domestic production.
• The Panel therefore concluded that Kor ea had violated Article III:2 of GATT 1994.WT/DS/OV/1
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On 20 October 1998, Korea notified its intention to  appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 18 January 1999.  The Appellate Body upheld the panel's findings on all points.
The DSB adopted the Panel and Appella te Body Reports on 17 February 1999.
26. WT/DS76 – Japan - Measures Affecting Agricultural Products
Complaint by the United States.  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 effectiv e 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.
The DSB established a panel at its meeting on 18 November 1997.  The EC, Hungary and
Brazil reserved their third-party rights. The repor t of the Panel was circulated to Members on 27
October 1998.  The Panel found that Japan acted inconsistently with Articles 2.2 and 5.6 of the
SPS Agreement, and Annex B and, conseque ntly, Article 7 of the SPS Agreement.
On 24 November 1998, Japan notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 22 February 1999.  The Appellate B ody upheld the basic finding that Japan's
varietal testing of apples, cherries, nectarines and walnuts is inconsistent with the requirements
of the SPS Agreement.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 19 March 1999.
27. WT/DS79 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products
Complaint by the European Communities.  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 exclusiv e 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 co mplaint in WT/DS50, where the Panel and
Appellate Body reports were adopted on 16 January 1998).
At its meeting on 16 October 1997, the DSB established a panel.  The US reserved its third-
party rights. The report of the Panel was circ ulated to Members on 24 August 1998.  The Panel
found that India has not complied with its ob ligations under Article 70.8(a) of the TRIPS
Agreement by failing to establish a legal basis th at adequately preserves novelty and priority in
respect of applications for product patents for pharmaceutical and agricultural chemical
inventions, and was also not in compliance with Article 70.9 of the TRIPS Agreement by failing
to establish a system for the grant of exclusive marketing rights. At its meeting on
2 September 1998, the DSB adopted the Panel Report.WT/DS/OV/1
Page 57
28. WT/DS84 – Korea - Taxes on Alcoholic Beverages
Complaint by the United States.  On 23 May 1997, the US requested consultations with Korea
in respect of the same measures complained of  by the EC in WT/DS75.  The US also alleged
violations of Article III:2.
Further to the US's request, the DSB established a panel at its meeting on 16 October 1997
which would also examine the complaint by th e EC (WT/DS75).  Canada and Mexico reserved
their third-party rights.  For substance, see WT/DS75.
29. WT/DS87 – Chile - Taxes on Alcoholic Beverages
Complaint by the European Communities.  On 4 June 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 contended that this
differential treatment of imported spirits violates Article III:2 of GATT 1994.
Further to the EC's request, the DSB established a panel at its meeting on 18 November 1997.
Canada, Mexico, Peru and the US reserved  their third-party rights.  See WT/DS110.
30. WT/DS90 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by the United States.  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 quantitativerestrictions, including the more than 2,700 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 Agricu lture, and Article 3 of the Agreement on
Import Licensing Procedures.
The DSB established a panel at its meeting on 18 November 1997. The report of the Panel was
circulated to Members on 6 April 1999.  The pa nel found that the measures at issue were
inconsistent with India's obligations under Articles XI and XVIII11 of GATT 1994, and to the
extent that the measures apply to products subject to the Agreement on Agriculture, are
inconsistent with Article 4.2 of the Agreement on Agriculture.  The panel also found themeasures to be nullifying or impairing bene fits accruing to the United States under GATT 1994,
and the Agreement on Agriculture.
On 26 May 1999, India notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel.  The report of the Appellate Body was circulated to
Members on 23 August 1999.  The Appellate Body upheld all of the findings of the panel that
were appealed from.
The DSB adopted the Panel and Appellate Body  reports at its meeting on 22 September 1999.
31. WT/DS98 – Korea - Definitive Safeguard Measure on Imports of Certain Dairy
Products
Complaint by the European Communities.  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 th is measure is in violation of Articles 2, 4, 5WT/DS/OV/1
Page 58
and 12 of the Agreement on Safeguard Measures , as well as a violation of Article XIX of
GATT 1994.
On 9 January 1998, the EC requested the establishment of a panel.  At the DSB meeting on 22
January 1998, the EC informed the DSB that it wa s, for the time being, not pursuing the panel
request.  On 10 June 1998, the EC made a fresh request for a panel.  At its meeting on23 July 1998, the DSB established a panel. The report of the panel was circulated to Members
on 21 June 1999.  The panel found that Korea's measur e is inconsistent with Articles 4.2(a), and
5 of the Agreement on Safeguards, but rej ected the EC claims under Article XIX of
GATT 1994, Articles 2.1, 12.1 (although it found that Korea's notifications to the Committee on
Safeguards were not timely, and to that exte nt were inconsistent with Article 12.1), 12.2 and
12.3 of the Agreement on Safeguards.
On 15 September 1999, Korea notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 14 December 1999.  The Appellate Body  reversed one of the panel's conclusions
on the interpretation of Article XIX of GATT 1994 and its relationship with the Agreement on
Safeguards; upheld one, but reversed another of the panel's interpretations of Article 5.1 of theAgreement on Safeguards; and concluded that Ko rea violated Article 12.2 of the Agreement on
Safeguards, thereby reversing in part the panel's finding.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 12 January 2000.
32. WT/DS99 – United States - Anti-Dumping  Duty on Dynamic Random Access Memory
Semiconductors (DRAMS) of One Megabit or Above from Korea
Complaint by Korea.  On 14 August 1997, Korea requested consultations with the US in respect
of a decision of the US Depart ment of Commerce (DoC) not to revoke the anti-dumping duty
on dynamic random access memory semi-conductors (DRAMS) of one megabyte or above
originating from Korea.  Korea contended that the DoC's decision was made despite the finding
that the Korean DRAM producers have not dump ed their products for a period of more than
three and a half consecutive years, and despite the existence of evidence demonstrating
conclusively that Korean DRAM producers will not engage in dumping DRAMS in the future.
Korea considered that these measures are in vi olation of Articles 6 and 11 of the Anti-Dumping
Agreement.
The DSB established a panel at its meeting on 16 January 1998. The report of the Panel was
circulated on 29 January 1999.  The Panel found the measures complained of to be in violation
of Article 11.2 of the Anti-Dumping Agreement. At its meeting on 19 March 1999, the DSB
adopted the Panel Report.
33. WT/DS103 – Canada - Measures Affecting the Importation of Milk and the Exportation
of Dairy Products
Complaint by the United States.  On 8 October 1997, the US requested consultations with
Canada in respect of export subsidies allegedly granted by Canada on dairy products and theadministration by Canada of the tariff-rate quot a on milk.  The US contended that these export
subsidies by Canada distort markets for dairy pr oducts and adversely affect US sales of dairy
products.  The US alleged violations of Arti cle II, X and X1 of GATT 1994, Articles 3, 4, 8, 9
and 10 of the Agreement on Agriculture, Article 3 of the Subsidies Agreement, and Articles 1, 2
and 3 of the Import Licensing Agreement.WT/DS/OV/1
Page 59
On 25 March 1998, the DSB established a panel.  Australia and Japan reserved their third-party
rights. The report of the Panel, which also covers WT/DS113, was circulated to Members on 17
May 1999.  The Panel found that the measures complained against were inconsistent with
Canada's obligations under Article II:1(b) of GATT 1994, and Articles 3.3 and 8 of the
Agreement on Agriculture by providing export subs idies as listed in Article 9.1(a) and 9.1(c) of
the Agreement on Agriculture.
On 15 July 1999, Canada notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel (which  also includes WT/DS113). The report of the
Appellate Body was circulated on 13 October 1999.  The Appellate Body ruled as follows:
• it reversed the Panel's interpretation of Article 9.1(a) and, in consequence, reversed the
Panel's finding that Canada acted inconsistently with its obligations under Article 3.3 and 8
of the Agreement on Agriculture.
• it upheld the Panel's finding that Canada wa s in violation of Article 3.3 and 8 of the
Agreement on Agriculture in respect of export  subsidies listed in Article 9.1(c) of the
Agreement on Agriculture.
• it partly reversed the Panel's finding that Ca nada acted inconsistently with its obligations
under Article II:1(b) of GATT 1994.
At its meeting on 27 October 1999, the DSB adopted  the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
34. WT/DS108 – United States - Tax Treatm ent for "Foreign Sales Corporations"
Complaint by the European Communities.  On 18 November 1997, the EC requested
consultations with the US in re spect of Sections 921-927 of the US Internal Revenue Code and
related measures, establishing special tax trea tment for "Foreign Sales Corporations" (FSC).
The EC contended that these provisions were inconsistent with US obligations under Articles
III:4 and XVI of the GATT 1994, Articles 3.1(a) and (b) of the Subsidies Agreement, and
Articles 3 and 8 of the Agreement on Agriculture.
On 1 July 1998, the EC requested the establishment of a Panel.  In the request for a panel, the
EC invoked Article 3.1(a) and (b) of the Subsidies Agreement, and Articles 3 and 8, 9 and 10 of
the Agreement on Agriculture, and did not pursue the claims under the GATT 1994.  At its
meeting on 22 September 1998, the DSB establishe d a panel.  Barbados, Canada and Japan
reserved their rights as third-parties to the di spute. The report of the panel was circulated to
Members on 8 October 1999.  The panel found that , through the FSC scheme, the United States
had acted inconsistently with its obligations under Article 3.1(a) of the Subsidies Agreement as
well as with its obligations under Article 3.3 of the Agreement on Agriculture (and
consequently with its obligations under Article 8 of that Agreement).
On 28 October 1999, the US notified its intention to appeal certain issues of law and legal
interpretations developed by the panel.  On  2 November 1999, the US withdrew its notice of
appeal pursuant to Rule 30 of the Working Pro cedures for Appellate Review, stating that the
withdrawal was conditional on its right to file a new notice of appeal pursuant to Rule 20 of the
Working Procedures.  On 26 November 1999, the US  notified its intention to appeal certain
issues of law and legal interpretations developed by the panel.  The report of the Appellate Body
was circulated to Members on 24 February 2000.  The Appellate Body ruled as follows:
• it upheld the panel's finding that the FSC measure constituted a prohibited subsidy under
Article 3.1(a) of the SCM Agreement.WT/DS/OV/1
Page 60
• it reversed the panel's finding that the FSC m easure involved "the provision of subsidies to
reduce the costs of marketing exports" of agricultural products under Article 9.1(d) of the
Agriculture Agreement and, in consequence, reversed the panel's findings that the US had
acted inconsistently with its obligations under Article 3.3 of the Agriculture Agreement.
• it found that the US acted inconsistently with  its obligations under Articles 10.1 and 8 of the
Agriculture Agreement by applying export subsidies, through the FSC measure, in amanner which results in, or threatens to l ead to, circumvention of its export subsidy
commitments with respect to agricultural products.
• it also emphasized that it was not ruling that a Member must choose one kind of tax system
over another so as to be consistent with that Member's WTO obligations.
The DSB adopted the Appellate Body report and th e panel report, as modified by the Appellate
Body report, at its meeting on 20 March 2000.
35. WT/DS110 – Chile - Taxes on Alcoholic Beverages
Complaint by the European Communities.  On 15 December 1997, the EC requested
consultations with Chile in respect of Chile's in ternal tax regime for alcoholic beverages.  In
essence, this new request by the EC takes issu e 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 the modified law st ill violates Article III:2 of GATT 1994.
On 25 March 1998, the DSB established a panel.  Pursuant to Article 9.1 of the DSU, the DSB
decided that the same Panel established to examine the dispute in WT/DS87 should examine
this dispute.  Peru, Canada and the US reserved their third-party rights.  The report of the panel
was circulated to Members on 15 June 1999.  The panel found that Chile's Transitional System
and its New System for taxation of distille d alcoholic beverages was inconsistent with
Article III:2 of GATT 1994.
On 13 September 1999, Chile notified its intention to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 13 December 1999.  The Appellate B ody upheld the panel's interpretation and
application of Article III:2 of GATT 1994, subject to exclusion of certain considerations relied
upon by the panel.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 12 January 2000.
36. WT/DS113 – Canada - Measures Affecting Dairy Products
Complaint by New Zealand.  On 29 December  1997, New Zealand requested consultations with
Canada in respect of an alleged dairy export subsidy scheme commonly referred to as the
"special milk classes" scheme.  New Zeala nd contended that the Canadian "special milk
classes" scheme is inconsistent with Article  XI of GATT, and Articles 3, 8, 9 and 10 of the
Agreement on Agriculture.
On 25 March 1998, the DSB established a panel.  Australia and Japan reserved their third-party
rights.  Pursuant to Article 9.1 of the DSU, th e DSB decided that the same panel established in
respect of WT/DS103 should also ex amine this dispute (see WT/DS103).WT/DS/OV/1
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37. WT/DS114 – Canada - Patent Protection of Pharmaceutical Products
Complaint by the European Communities and their member States.  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 doesnot provide for the full protection of patented pharmaceutical inventions for the entire duration
of the term of protection envisaged by Ar ticles 27.1, 28 and 33 of the TRIPS Agreement.
At its meeting on 1 February 1999, the DSB established a panel.  Australia, Brazil, Colombia,
Cuba, India, Israel, Japan, Poland, Switzerland, and the United States reserved their third-party
rights.  The report of the panel was circulated to Members on 17 March 2000.  The panel found
that:
• the so-called regulatory review exception provided for in Canada's Patent Act
(Section 55.2(1)) – the first aspect of the Patent Act challenged by the EC - was not
inconsistent with Article 27.1 of the TRIPS Agreement and was covered by the exception
in Article 30 of the TRIPS Agreement and therefore not inconsistent with Article 28.1 of
the TRIPS Agreement.  Under the regulatory review exception, potential competitors of a
patent owner are permitted to use the patented invention, without the authorization of the
patent owner during the term of the patent, for the purposes of obtaining government
marketing approval, so that they will have re gulatory permission to sell in competition with
the patent owner by the date on which the patent expires.
• the so-called stockpiling exception (Section 55.2(2)) –the second aspect of the Patent Act
challenged by the EC, was inconsistent with Article 28.1 of the TRIPS Agreement and was
not covered by the exception in Article 30 of the TRIPS Agreement.  Under the stockpiling
exception, competitors are allowed to manufacture and stockpile patented goods during a
certain period before the patent expires, but the goods cannot be sold until after the patent
expires.  The panel considered that, unlike the regulatory review exception, the stockpiling
exception constituted a substantial curtailment of the exclusionary rights required to begranted to patent owners under Article 28.1 to such an extent that it could not be
considered to be a limited exception within  the meaning of Article 30 of the TRIPS
Agreement.
The DSB adopted the panel report at its meeting on 7 April 2000.
38. WT/DS121 - Argentina - Safeguard Measures on Imports of Footwear
Complaint by the European Communities.  On 3 April 1998, the EC requested consultations
with Argentina in respect of provisional and definitive safeguard measures imposed by
Argentina on imports of footwear.  The EC a sserted that by Resolution 226/97 of 24 February
1997, Argentina imposed a provisional safeguard measure in the form of specific duties on
imports of footwear effective from 25 Fe bruary 1997, which was followed by Resolution
987/97, which imposed a definitive safeguard measure on these imports effective from
13 September 1997.  The EC alleged that the abov e measures violate Articles 2, 4, 5, 6 and 12
of the Agreement on Safeguards, and Article XIX of GATT 1994.
At its meeting on 23 July 1998, the DSB established a panel.  Brazil, Indonesia, Paraguay, the
US and Uruguay reserved their third-parties rights. The report of the panel was circulated on 25
June 1999.  The panel found that Argentina's measur e is inconsistent with Articles 2 and 4 of
the Agreement on Safeguards.WT/DS/OV/1
Page 62
On 15 September 1999, Argentina notified its intenti on to appeal certain issues of law and legal
interpretations developed by the Panel. The re port of the Appellate Body was circulated to
Members on 14 December 1999.  The Appellate  Body upheld the panel's finding that
Argentina's measure is inconsistent with Artic les 2 and 4 of the Agreement on Safeguards, but
reversed certain findings and conclusions of the panel in respect of the relationship between the
Agreement on Safeguards and Article XIX of GATT 1994 and the justification of imposingsafeguard measures only on non-MERCOSU R third country sources of supply.
The DSB adopted the Appellate Body Report a nd the Panel Report, as modified by the
Appellate Body Report, on 12 January 2000.
39. WT/DS122 – Thailand - Anti-Dumping Duties on Angles, Shapes and Sections of Iron or
Non-Alloy Steel and H-Beams from Poland
Complaint by 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 anyPolish 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.
At its meeting on 19 November 1999, the DSB established a panel.  The EC, Japan and the
US reserved their third-party rights. The report was circulated to Members on 28 September
2000.  The Panel concluded that:
(i) Poland failed to establish that Thailand had acted inconsistently with its obligations
under Article 2 of the Anti-Dumping Agreement or Article VI of the GATT 1994 inthe calculation of the amount for profit in constructing normal value.
(ii) Thailand's imposition of the definitive anti-dumping measure on imports of H-beams
from Poland was inconsistent with the requirements of Article 3 of the Anti-Dumping
Agreement in that:
• inconsistently with the second sentence of Article 3.2 and Article 3.1, the Thai
authorities did not consider, on the basis of an "objective examination" of
"positive evidence" in the disclosed factual basis, the price effects of dumped
imports;
• inconsistently with Articles 3.4 and 3.1, the Thai investigating authorities failed
to consider certain factors listed in Article 3.4, and failed to provide an adequateexplanation of how the determination of injury could be reached on the basis of
an "unbiased or objective evaluation" or an "objective examination" of "positiveevidence" in the disclosed factual basis; and
• inconsistently with Articles 3.5 and 3.1, the Thai authorities made a
determination of a causal relationship between dumped imports and any possible
injury on the basis of (a) their findings concerning the price effects of dumped
imports, which the Panel had already found to be inconsistent with the second
sentence of Article 3.2 and Article 3.1; and (b) their findings concerning injury,which the Panel had already found to be inconsistent with Article 3.4 and 3.1.
(iii) under Article 3.8 of the DSU, in cases where there is infringement of the
obligations assumed under a covered agreement, the action is considered primaWT/DS/OV/1
Page 63
facie  to constitute a case of nullification or impairment of benefits under that
agreement, and that, accordingly, to th e extent Thailand has acted inconsistently
with the provisions of the AD Agreement, it has nullified or impaired benefits
accruing to Poland under that Agreement.
On 23 October 2000, Thailand notified the DSB of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel. The Appellate
Body circulated its report on 12 March 2001. The Appellate Body:
• upheld the Panel's finding that the panel request submitted by Poland with respect to
claims relating to Articles 2, 3 and 5 of the Anti-Dumping Agreement was sufficient to
meet the requirements of Article 6.2 of the DSU;
• reversed the Panel's interpretation that Article 3.1 of the  Anti-Dumping Agreement
requires that "the reasoning supporting the determination be 'formally or explicitly stated'in documents in the record of the AD invest igation to which interested parties (and/or
their legal counsel) have access at least from the time of the final determination",  and
that "the factual basis relied upon by the authorities must be discernible from those
documents";
• reversed the Panel's interpretation that Article 17.6(i) requires a Panel reviewing an injury
determination under Article 3.1, in its assessment of whether the establishment  of the
facts is proper, to ascertain whether the "factual basis" of the determination is"discernible" from the documents that were available to the interested parties and/or their
legal counsel in the course of the investigation and at the time of the final determination;
and, in its assessment of whether the evaluation  of the facts is unbiased and objective, to
examine the analysis and reasoning in  only those documents to ascertain the connection
between the "disclosed factual basis" and the findings;
• upheld the Panel's interpretation that Article 3.4 requires a mandatory evaluation of all of
the factors listed in that provision, and that, therefore, the Panel did not err in itsapplication of the standard of review under Article 17.6(ii) of the  Anti-Dumping
Agreement;
• left undisturbed the Panel's findings of violation under Articles 3.1, 3.2, 3.4 and 3.5 of the
Anti-Dumping Agreement; and
• concluded that the Panel did not err in its application of the burden of proof, and in the
application of the standard of review under Article 17.6(i) of the Anti-Dumping
Agreement.
At its meeting of 5 April 2001, the DSB adopted the Appellate Body report and the panel
report, as modified by the Appellate Body report.
40. WT/DS126 – Australia - Subsidies Provided to Producers and Exporters of Automotive
Leather
Complaint by the United States.  On 4 May 1998, the US requested consultations with Australia
in respect of prohibited subsidies allegedly pr ovided to Australian producers and exporters of
automotive leather, including subsidies provid ed to Howe and Company Proprietary Ltd. (or
any of its affiliated and/or parent companies), which allegedly involve preferential government
loans of about A$25 million and non-commercial terms and grants of about A$30 million.  The
US contended that these measures violate the obligations of Australia under Article 3 of the
Subsidies Agreement.
Further to the US's request, the DSB established a panel at its meeting on 22 June 1998 (see also
WT/DS106).  The report of the Panel was ci rculated to Members on 25 May 1999.  The Panel
found that the loan from the Australian Governme nt to Howe/ALH is not a subsidy contingentWT/DS/OV/1
Page 64
upon export performance within the meaning of Ar ticle 3.1(a) of the SCM Agreement, but that
the payments under the grant contract are subsidie s within the meaning of Article 1 of the SCM
Agreement, which are contingent upon export pe rformance within the meaning of Article 3.1(a)
of that Agreement. At its meeting on 16 June 1999, the DSB adopted the Panel report.
41. WT/DS132 – Mexico - An ti-Dumping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States
Complaint by 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 th at 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.
At the request of the US, the DSB established a panel at its meeting on 25 November 1998.
Jamaica reserved its third-party rights.  The report of the panel was circulated to Members on
28 January 2000.  The Panel found that:
• Mexico's initiation of the anti-dumping investigation on imports of HFCS from the US was
consistent with the requirements of  Articles 5.2, 5.3, 5.8, 12.1 and 12.1.1(iv) of the
Anti-Dumping Agreement.
• Mexico's imposition of the definitive anti-dumping measure on imports of HFCS from the
US was inconsistent with the following provisions of the Anti-Dumping Agreement:Articles 3.1, 3.2, 3.4, 3.7 and 3.7(i); Article 7.4; Ar ticle 10.2; Article 10.4; and Articles 12.2
and 12.2.2.
The DSB adopted the panel report at its meeting on 24 February 2000.
42. WT/DS135 – European Communities - Measure s Affecting the Prohibition of Asbestos
and Asbestos Products
Complaint by Canada.  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 produc ts containing asbestos, incl uding 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 benef its accruing to it under the various agreements
cited.
Further to Canada's request, the DSB establis hed a panel at its meeting on 25 November 1998.
The US reserved its third-party rights.  The report of the panel was circulated to Members on
18 September 2000. The Panel found that:
• the "prohibition" part of the Decree of 24 December 1996 does not fall within the scope
of the TBT Agreement.
• the part of the Decree relating to "exceptions" does fall within the scope of the TBT
Agreement.  However, as Canada had not made any claim concerning the compatibilityWT/DS/OV/1
Page 65
with the TBT Agreement of the part of the Decree relating to exceptions, the Panel
refrained from reaching any conclusion with regard to the latter.
• chrysotile asbestos fibres as such and fibres that can be substituted for them as such are
like products within the meaning of Article III:4 of the GATT 1994.
• the asbestos-cement products and the fibro-cement products for which sufficient
information had been submitted to the Panel are like products within the meaning ofArticle III:4 of the GATT 1994.
• with respect to the products found to be like,  the Decree violates Article III:4 of the
GATT 1994.
• insofar as it introduces a treatment of these products that is discriminatory under
Article III:4, the Decree is justified as such and in its implementation by the provisionsof paragraph (b) and the introductory clause of Article XX of the GATT 1994.
• Canada has not established that it suffered non-violation nullification or impairment of a
benefit within the meaning of Article XXIII:1(b) of the GATT 1994.
On 23 October 2000, Canada notified the Dispute Settlement Body of its decision to appeal
certain issues of law covered in the Panel Report and legal interpretations developed by the
Panel. The Appellate Body circulated its report on 12 March 2001. The Appellate Body:
• reversed the Panel's finding that the TBT Ag reement "does not apply to the part of the
Decree relating to the ban on imports of asbestos and asbestos-containing products
because that part does not constitute a 'technical regulation' within the meaning ofAnnex 1.1 to the TBT Agreement", and found that the measure, viewed as an integrated
whole, does constitute a "technical regulation" under the  TBT Agreement;
• reversed the Panel's findings that "it is not appropriate" to take into consideration the
health risks associated with chrysotile asbestos fibres in examining the "likeness", underArticle III:4 of the GATT 1994, of those fibr es and PCG fibres, and, also, in examining
the "likeness", under that provision, of cement-based products containing chrysotile
asbestos fibres or PCG fibres;
• reversed the Panel's finding that chrysotile asbestos fibres and PCG fibres are "like
products" under Article III:4 of the GATT 1994; and found that Canada has not satisfied
its burden of proving that these fibres are "like products" under that provision;
• reversed the Panel's finding that cement-based products containing chrysotile asbestos
fibres and cement-based products containi ng PCG fibres are "like products" under
Article III:4 of the GATT 1994; and found that Canada has not satisfied its burden of
proving that these cement-based products are "like products" under Article III:4 of the
GATT 1994;
• reversed, in consequence, the Panel's finding that the measure is inconsistent with
Article III:4 of the GATT 1994;
• upheld the Panel's finding that the measure at issue is "necessary to protect human … life
or health", within the meaning of Article XX(b) of the GATT 1994; and, found that the
Panel acted consistently with Article 11 of the DSU in reaching this conclusion;
• upheld the Panel's finding that the measure may give rise to a cause of action under
Article XXIII:1(b) of the GATT 1994.
At its meeting of 5 April 2001, the DSB adopted the Appellate Body report and the panel
report, as modified by the Appellate Body report.
43. WT/DS136 – United States – Anti-Dumping Act of 1916
Complaint by the European Communities.  On 9 June 1988, the EC requested consultations
with the US in respect of the alleged failure of the US to repeal its Anti-Dumping Act of 1916.
The EC contended that the US Anti-Dumping Act of 1916 is still in force and is applicable toWT/DS/OV/1
Page 66
the import and internal sale of any foreign pr oduct irrespective of its origin, including products
originating in countries which are WTO Members.   The EC also alleged that the 1916 Act exists
in the US statute books in parallel with the Ta riff Act of 1930, as amended, which includes the
US implementing legislation of multilateral Anti-Dumping provisions.  The EC alleged
violations of Articles III: 4, VI:1, and VI:2 of GATT 1994, Article XVI:4 of the WTO
Agreement, and Articles 1, 2, 3, 4 and 5 of the Anti-Dumping Agreement.
At its meeting on 1 February 1999, the DSB established a panel further to the EC's request.
India, Japan, and Mexico reserved their third-party rights.  The report of the panel was
circulated to Members on 31 March 2000.  The panel considered that:
• Article VI:1 of GATT 1994 applies to any situation where a Member addresses the type of
transnational price discrimina tion defined in that Article.
on the basis of the terms of the 1916 Act, its legislat ive history and its interpretation by US courts, the
transnational price discrimination test found in  the 1916 Act met the definition of Article VI:1
of GATT 1994.
• by not providing exclusively for the injury te st set out in Article VI, the 1916 Act violated
Article VI:1 of the GATT 1994;
• by providing for the imposition of treble dama ges, fines or imprisonment, instead of anti-
dumping duties, the 1916 Act violated Article VI:2 of the GATT 1994;
• by not providing for a number of proce dural requirements found in the Anti-Dumping
Agreement, the 1916 Act violated Articles 1, 4 and 5.5 of the Anti-Dumping Agreement;
and
• by violating Articles VI:1 and VI:2 of th e GATT 1994, the 1916 Act violated Article XVI:4
of the WTO Agreement.
On 29 May 2000, the US notified its intention to  appeal certain issues of law and legal
interpretations developed by the panel.  The A ppellate Body report was circulated to Members
on 28 May 2000.  The Appellate Body upheld all of the findings and conclusions of the panelthat were appealed.
The DSB adopted the Appellate Body report and the Panel report, as upheld by the Appellate
Body report, on 26 September 2000.
44. WT/DS138 – United States – Imposition of Countervailing Duties on Certain Hot-Rolled
Lead and Bismuth Carbon Steel Produc ts Originating in the United Kingdom
Complaint by the European Communities.  On 30 June 1998, the EC requested consultations
with the US in respect of th e alleged imposition of countervailing duties on certain hot-rolled
lead and bismuth carbon steel (leaded bars) from th e 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 contende d that the US imposed countervailing duties on
British Steel plc (BSplc) / British Steel Engineering Steels LTD (BSES) for the review period1 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.
At its meeting on 17 February 1999, the DSB established a panel.  Brazil and Mexico reserved
their third-party rights.  The report of the panel was circulated to Members on 23 December
1999.  The panel found that by imposing countervailing duties on 1994, 1995 and 1996 imports
of leaded bars produced by UES and BSES resp ectively, the US violated Article 10 of the
Subsidies Agreement.  In reaching this conc lusion, the panel noted that the presumption ofWT/DS/OV/1
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"benefit" flowing from untied, non-recurring "fin ancial contributions" even after changes in
ownership was rebutted in the circumstances su rrounding the changes in ownership leading to
the creation of UES and BSplc/BSES respectively, inter alia , because the change in ownership
involved the payment of consideration for the pr oductive assets etc. acquired by those entities
from BSC.  According to the panel, the US should therefore have examined whether the
production of leaded bars by UE S and BSplc/BSES respectively, and not BSC, was subsidised.
On 27 January 2000, the US notified its intention to appeal certain issues of law and legal
interpretations developed by the panel.  The report of the Appellate Body was circulated to
Members on 10 May 2000.  The Appellate Body upheld all of the findings of the panel that
were appealed but on one point corrected the reasoning of the panel.
The DSB adopted the Appellate Body report and the panel report, as upheld by the Appellate
Body report, on 7 June 2000.
45. WT/DS139 – Canada – Certain Measures Affecting the Automotive Industry
Complaint by Japan.  On 3 July 1998, Japan requested consultations with Canada in respect of
measures being taken by Canada in the automotive industry.  Japan contended that underCanadian legislation implementing an automotiv e products agreement (A uto Pact) between the
US and Canada, only a limited number of moto r 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 cont ended that this duty-free treatment is contingent
on two requirements:
(i) a Canadian value-added (CVA) content re quirement that applies to both goods and
services; and
(ii) a 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 TRIMsAgreement, Article 3 of the SCM Agreemen t, and Articles II, VI and XVII of GATS.
At its meeting on 1 February 1999, the DSB establis hed a panel.  Pursuant to Article 9.1 of the
DSU, the DSB agreed that the panel also ex amine the complaint by  the EC in WT/DS142.
India, Korea, and the US reserved their third-pa rty rights.  The report of the panel was circulated
to Members on 11 February 2000.  The panel found that:
• the conditions under which Canada granted its import duty exemption were inconsistent
with Article I of GATT 1994 and not ju stified under Article XXIV of GATT 1994.
• the application of the CVA requirements to be inconsistent with Article III:4 of GATT
1994.
• the import duty exemption constitutes a prohi bited export subsidy in violation of
Article 3.1(a) of the SCM Agreement.
• the manner in which Canada conditioned access to the import duty exemption is
inconsistent with Article II of GATS and could not justified unde r Article V of GATS.
• the application of the CVA requirements constitutes a violation of Article XVII of the
GATS.
On 2 March 2000, Canada notified its intention to appeal certain issues of law and legal
interpretations developed by the panel.  The A ppellate Body report was circulated to Members
on 31 May 2000.  The Appellate Body:
• reversed the panel's conclusion that Article 3.1(b) of the Subsidies Agreement did not
extend to contingency "in fact".WT/DS/OV/1
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• considered that the panel had failed to examin e whether the measure at issue affected trade
in services as required under Article I:1 of the GATS.
• reversed the panel's conclusion that the impor t duty exemption was inconsistent with the
requirements of Article II:1 of the GATS as well as the panel's findings leading to that
conclusion.
The DSB adopted the Appellate Body report and th e Panel report, as modified by the Appellate
Body report, on 19 June 2000.
46. WT/DS141 – European Communities – Anti-D umping Duties on Imports of Cotton-
Type Bed-Linen from India
Complaint by 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.  India
contended that:
• the determination of standing, the initiation, the determination of dumping and injury as
well as the explanations of the EC authorities' findings are inconsistent with WTO law.
• the EC authorities' establishment of the facts was not proper and that the EC's evaluation
of facts was not unbiased and objective.
• the EC has not taken into account the special situation of India as a developing country.
• there were violations of Articles 2.2.2, 3.1, 3.2, 3.4, 3.5, 5.2, 5.3, 5.4, 5.8, 6, 12.2.2, and
15 of the Anti-Dumping Agreement, and Articles I and VI of the GATT 1994.
At its meeting on 27 October 1999, the DSB established a panel.  Egypt, Japan and the US
reserved their third-party rights. The panel report was circulated on 30 October 2000. The
panel concluded that:
(i) the EC did not act inconsistently with its obligations under Articles 2.2, 2.2.2, 3.1,
3.4, 3.5, 5.3, 5.4, and 12.2.2 of the AD Agreement in:
• calculating the amount for profit in constructing normal value;
• considering all imports from India (and Egypt and Pakistan) as dumped in the
analysis of injury caused by dumped imports;
• considering information for producers comprising the domestic industry but not
among the sampled producers in analyzing the state of the industry;
• examining the accuracy and adequacy of the evidence prior to initiation;
• establishing industry support for the application; and
• providing public notice of its final determination.
(ii) The panel, however, also concluded th at the EC acted inconsistently with its
obligations under Articles 2.4.2, 3.4, and 15 of the AD Agreement in:
• determining the existence of margins of dumping on the basis of a methodology
incorporating the practice of zeroing;
• failing to evaluate all relevant factors having a bearing on the state of the
domestic industry, and specifically all the factors set forth in Article 3.4;
• considering information for producers not part of the domestic industry as
defined by the investigating authority in analyzing the state of the industry; andWT/DS/OV/1
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• failing to explore possibilities of constructive remedies before applying anti-
dumping duties.
On 1 December 2000, the EC notified the DSB of its intention to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel. The Appellate
Body circulated its report on 1 March 2001. The Appellate Body:
(i) upheld the finding of the Panel that the practice of "zeroing" when establishing "the
existence of margins of dumping", as applied by the EC in the anti-dumping
investigation at issue in this dispute, is inconsistent with Article 2.4.2 of the Anti-
Dumping Agreement;
(ii) reversed the findings of the Panel that:
• the method for calculating amounts for administrative, selling and general costs
and profits provided for in Article 2.2.2(ii) of the Anti-Dumping Agreement may
be applied where there is data on administrative, selling and general costs and
profits for only one other exporter or producer; and
• in calculating the amount for profits under Article 2.2.2(ii) of the Anti-Dumping
Agreement, a Member may exclude sales by other exporters or producers that arenot made in the ordinary course of trade; and
(iii) as a consequence, concluded that the EC, in calculating amounts for administrative,
selling and general costs and profits in the anti-dumping investigation at issue in this
dispute, acted inconsistently with Article 2.2.2(ii) of the Anti-Dumping Agreement.
The DSB adopted the Appellate Body report and the Panel report, as modified by the
Appellate Body report, on 12 March 2001.
47. WT/DS142 – Canada – Certain Measures Affecting the Automotive Industry
Complaint by the European Communities.  On 17 August 1998, the EC requested consultations
with Canada in respect of the same measures raised by Japan in WT/DS139 and cites the same
provisions alleged to be in violation, excep t for Article XXIV of GATT 1994, which was cited
by Japan but is not cited by the EC.
At its meeting on 1 February 1999, the DSB establis hed a panel.  Pursuant to Article 9.1 of the
DSU, the DSB agreed that the panel establis hed in respect of the complaint by Japan
(WT/DS139) also examine this  complaint.  See WT/DS139.
48. WT/DS152 – United States – Sections 301-310 of the Trade Act of 1974
Complaint by the European Communities.  On 25 November 1998, the EC requested
consultations with the US in respect of Title III, chapter 1 (sections 301-310) of the US TradeAct of 1974 (the Trade Act), as amended, and in particular sections 306 and 305 of this Act.
The EC alleged that:
• by imposing strict time limits within which unilateral determinations must be made and
trade sanctions taken, sections 306 and 305 of the Trade Act do not allow the US to
comply with the rules of the DSU in situati ons where a prior multilateral ruling under the
DSU on conformity of measures taken pursuant to implementation of DSB
recommendations has not been adopted by the DSB.
• the DSU procedure resulting in a multilateral finding, even if initiated immediately after
the end of the reasonable period of time for implementation, cannot be finalised, nor canWT/DS/OV/1
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subsequent DSU procedure for seeking compensation or suspension of concessions be
complied with, within the time limits of sections 306 and 305.
• Title III, chapter 1(sections 301-310) of th e Trade Act, as amended, and in particular
sections 306 and 305 of the Act, are inconsistent with Articles 3, 21, 22 and 23 of the
DSU; Article XVI:4 of the WTO Agreement; and Articles I, II, III, VIII and XI of GATT
1994.
• the Trade Act nullifies and impairs benefits accruing, directly or indirectly, to it under
GATT 1994, and also impedes the objectives of GATT 1994 and of the WTO.
At its meeting on 2 March 1999, the DSB established a panel.  Brazil, Canada, Cameroon,
Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, Hong Kong, India,
Israel, Jamaica, Japan, Korea, St. Lucia and Thailand reserved their third-party rights. The
report of the panel was circulated to Members on 22 December 1999.  The Panel found thatSections 304(a)(2)(A), 305(a) and 306(b) of the US Trade Act of 1974 were not inconsistent
with Article 23.2(a) or (c) of the DSU or with any of the GATT 1994 provisions cited.  The
panel noted that its findings were based in full or in part on US undertakings articulated in the
Statement of Administrative Action approved by the US Congress at the time it implemented
the Uruguay Round agreements and confirmed in the statements by the US to the panel.  The
panel stated therefore that should those undertakings be repudiated or in any other way
removed, its findings of conformity would no longer be warranted. The DSB adopted the
panel report at its meeting on 27 January 2000.
49. WT/DS155 – Argentina - Measures on the Ex port of Bovine Hides and the Import of
Finished Leather
Complaint by the European Communities.  On 24 December 1998, the EC requested
consultations with Argentina concerning certai n measures taken by Argentina on the export of
bovine hides and the import of finished leather.  The EC 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 GATTArticles; 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 EC 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  GATT Article III:2 (which prohibits tax
discrimination of foreign products which are like, directly competitive or substitutable to
domestic products).
At its meeting on 26 July 1999, the DSB established a panel. The panel circulated its report
on 19 December 2000. The panel concluded that:
• it has not been proved that Resolution (ANA) No. 2235/96 is inconsistent with
Argentina's obligations under Article XI:1 of the GATT 1994;
• Resolution (ANA) No. 2235/96 is inconsistent with Argentina's obligations under
Article X:3(a) of the GATT 1994;
• General Resolution (DGI) No. 3431/91 is inconsis tent with Article III:2, first sentence, of
the GATT 1994;
• General Resolution (DGI) No. 3543/92 is inconsis tent with Article III:2, first sentence, of
the GATT 1994;WT/DS/OV/1
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• General Resolutions (DGI) No. 3431/91 and 3543/92, although they fall within the terms
of paragraph (d) of Article XX of the GATT 1994, fail to meet the requirements of the
chapeau of Article XX and are therefore not justified under Article XX as a whole;
• there is nullification or impairment of the benefits accruing to the European Communities
under the GATT 1994.
The DSB adopted the Panel Report on 16 February 2001.
50. WT/DS156 – Guatemala - Definitive Anti- dumping Measure regarding Grey Portland
Cement from Mexico
Complaint by 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.  Mexicoalleged that the definitive anti-dumping measure is inconsistent with Articles 1, 2, 3, 5, 6, 7,
12 and 18 of the Antidumping Agreement and its Annexes I and II, as well as with Article VI
of GATT 1994.  See also WT/DS60.
At its meeting on 22 September 1999, the DSB established a panel.  The EC, Ecuador,
Honduras and the US reserved their third-party rights. The panel report was circulated on
24 October 2000. The panel concluded that Guatemala's initiation of an investigation, theconduct of the investigation and imposition of a definitive measure on imports of grey
portland cement from Mexico's Cruz Azul is inconsistent with the requirements in the AD
Agreement in that:
• Guatemala's determination that there was sufficient evidence of dumping and threat of
injury to initiate an investigation, is inconsistent with Article 5.3 of the AD Agreement;
• Guatemala's determination that there was sufficient evidence of dumping and threat of
injury to initiate an investigation and consequent failure to reject the application for anti-
dumping duties by Cementos Progreso is inconsistent with Article 5.8 of the AD
Agreement;
• Guatemala's failure to timely notify Mexico under Article 5.5 of the AD Agreement is
inconsistent with that provision;
• Guatemala's failure to meet the requirements for a public notice of the initiation of an
investigation is inconsistent with Article 12.1.1 of the AD Agreement;
• Guatemala's failure to timely provide the full text of the application to Mexico and Cruz
Azul is inconsistent with Article 6.1.3 of the AD Agreement;
• Guatemala's failure to grant Mexico access to the file of the investigation is inconsistent
with Articles 6.1.2 and 6.4 of the AD Agreement;
• Guatemala's failure to timely make Cementos Progreso's 19 December 1996 submission
available to Cruz Azul until 8 January 1997 is inconsistent with Article 6.1.2 of the AD
Agreement;
• Guatemala's failure to provide two copies of the file of the investigation as requested by
Cruz Azul is inconsistent with Article 6.1.2 of the AD Agreement;
• Guatemala's extension of the period of investigation requested by Cementos Progreso
without providing Cruz Azul with a full oppo rtunity for the defence of its interest is
inconsistent with Article 6.2 of the AD Agreement;
• Guatemala's failure to inform Mexico of the inclusion of non–governmental experts in the
verification team is inconsistent with paragraph 2 of Annex I of the AD Agreement;
• Guatemala's failure to require Cementos Progreso's to provide a statement of the reasons
why summarization of the information submitted during verification was not possible isinconsistent with Article 6.5.1 of the AD Agreement;
• Guatemala's decision to grant Cementos Progreso's 19 December submission confidential
treatment on its own initiative is inconsistent with Article 6.5 of the AD Agreement;WT/DS/OV/1
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• Guatemala's failure to "inform all interested parties of the essential facts under
consideration which form the basis for the decision whether to apply definitive measures"
is inconsistent with Article 6.9 of the AD Agreement;
• Guatemala's recourse to "best information available" for the purpose of making its final
dumping determination is inconsistent with Article 6.8 of the AD Agreement;
• Guatemala's failure to take into account imports by MATINSA in its determination of
injury and causality is inconsistent with Articles 3.1, 3.2 and 3.5 of the AD Agreement;and
• Guatemala's failure to evaluate all relevant factors for the examination of the impact of
the allegedly dumped imports on the domestic industry is inconsistent with Article 3.4.
The DSB adopted the Panel Report on 17 November 2000.
51. WT/DS160 – United States – Section 110(5) of the US Copyright Act
Complaint by the European Communities.  On 26 January 1999, the EC requested
consultations with the US 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 EC
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 EC 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 centered 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 normalexploitation 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 retailestablishments, 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 useonly homestyle equipment (i.e. equipment of a kind commonly used in private homes).
At its meeting on 26 May 1999, the DSB established a Panel further to the EC's request.
Australia, Japan and Switzerland reserved their third-party rights.  The report of the panel was
circulated to Members on 15 June 2000.  The panel found that:
• the "business" exemption provided for in sub-paragraph (B) of Section 110(5) of the US
Copyright Act did not meet the requirements of Article 13 of the TRIPS Agreement and
was thus inconsistent with Articles 11 bis(1)(iii) and 11(1)(ii) of the Berne Convention
(1971) as incorporated into the TRIPS Agreement by Article 9.1 of that Agreement.  The
panel noted, inter alia , that a substantial majority of eating and drinking establishments
and close to half of retail establishments were covered by the business exemption.WT/DS/OV/1
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• the "homestyle" exemption provided for in sub-paragraph (A) of Section 110(5) of the US
Copyright Act met the requirements of Article 13 of the TRIPS Agreement and was thus
consistent with Articles 11 bis(1)(iii) and 11(1)(ii) of the Berne Convention (1971) as
incorporated into the TRIPS Agreement by Article 9.1 of that Agreement.  Here, the
panel noted certain limits imposed on the beneficiaries of the exemption, permissible
equipment and categories of works as well as the practice by US courts.
The DSB adopted the Panel Report at its meeting on 27 July 2000.
52. WT/DS161 – Korea – Measures Affecting Import s of Fresh, Chilled, and Frozen Beef
Complaint by the United States. 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 specialised stores (dual retail system),
limiting the manner of its display, and otherwise constraining the opportunities for the sale ofimported beef.  The US alleged that Korea imposes a markup 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, therebydenying 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.
At its meeting on 26 May 1999, the DSB established a panel.  Australia, Canada and
New Zealand reserved their third-party rights.  The report of the panel was circulated to
Members on 31 July 2000.  The panel found that:
• a number of the contested Korean measures benefited, by virtue of a Note in Korea's
Schedule of Concessions, from a transitional period until 1 January 2001, by which date
they had to be eliminated or otherwis e brought into conformity with the WTO
Agreement.
• the requirement that the supply of beef from the LPMO's wholesale market be limited to
specialised imported beef stores and that those stores bear a special sign "SpecializedImported Beef Store" was in violation of Article III:4 of the GATT 1994, which
violation could not be justified und er Article XX(d) of the GATT 1994.
• the more stringent record-keeping requirements imposed on purchasers of imported beef
were also inconsistent with Article III:4.  Certain other regulations dealing with theimportation and distribution of imported beef were likewise found to violate
Article III:4.
• the LPMO's lack of and delays in calling for tenders and its discharge practices between
November 1997 and the end of May 1998 constituted import restrictions contrary to
Article XI:1 of the GATT 1994 and Article 4.2 of the Agreement on Agriculture.Moreover, the LPMO's calls for tenders that were made subject to distinctions between
grass-fed and grain-fed cattle, constituted, in the view of the panel, a restriction
inconsistent with Article XI:1. They also treated imports of beef from grass-fed cattle
less favourably than provided for in Korea's Schedule, which was in breach of
Article II:1(a) of the GATT 1994.
• in addition, Korea's domestic support for beef for 1997 and 1998 was not correctly
calculated and exceeded the de minimis  level, contrary to Article 6 of the Agreement on
Agriculture, and was not included in Korea's Current Total AMS, contrary to Article
7.2(a) of the Agreement on Agriculture.WT/DS/OV/1
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• Korea's total domestic support (Current Total AMS) for 1997 and 1998 exceeded
Korea's commitment levels, as specified in Section 1, Part IV of its Schedule, contrary to
Article 3.2 of the Agreement on Agriculture.
On 11 September 2000, Korea notified its intention to appeal certain issues of law and legal
interpretations developed by the panel.  On 11 December 2000, the report of the Appellate Body
was circulated.  The Appellate Body reversed the Panel's finding on recalculated amounts ofKorea's domestic support for beef in 1997 and 1998, as the Panel used, for these
recalculations, a methodology inconsistent with Article 1(a)(ii) and Annex 3 of the
Agreement on Agriculture; and reversed, therefore, the Panel's following conclusions, based
on these recalculated amounts:
• that Korea's domestic support for beef in 1997 and 1998 exceeded the de minimis  level
contrary to Article 6 of the Agreement on Agriculture;
• that Korea's failure to include Current AMS for beef in Korea's Current Total AMS was
contrary to Article 7.2(a) of that Agreement; and
• that Korea's total domestic support for 1997 and 1998 exceeded Korea's commitment
levels contrary to Article 3.2 of the Agreement on Agriculture.
The Appellate Body was unable, in view of the insufficient factual findings made by the
Panel, to complete the legal analysis of:
• whether Korea's domestic support for beef exceeds the de minimis  level contrary to
Article 6 of the Agreement on Agriculture;
• whether the failure to include Current AMS for beef in Korea's Current Total AMS was
contrary to Article 7.2(a) of that Agreement; and
• whether Korea's total domestic support for 1997 and 1998 exceeded Korea's
commitment levels contrary to Article 3.2 of the Agreement on Agriculture.
At its meeting of 10 January 2001, the DSB a dopted the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
53. WT/DS162 – United States – Anti-Dumping Act of 1916
Complaint by Japan.  On 10 February 1999, Japan requested consultations with the US 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 ofJapanese companies.  Japan contended that the US 1916 Act is inconsistent with Articles III,
VI and XI of GATT 1994, and the Anti-Dumping Agreement.
At its meeting on 26 July 1999, the DSB established a Panel further to Japan's request.  The
EC and India reserved their third-party rights.  The report of the panel was circulated toMembers on 29 May 2000.  The panel considered that Article VI:1 of GATT 1994 applies to
any situation where a Member addresses the type  of transnational price discrimination defined
in that Article.  The panel then found that , on the basis of the terms of the 1916 Act, its
legislative history and its interpretation by US courts, the transnational price discrimination test
found in the 1916 Act met the definition of Artic le VI:1 of GATT 1994.  The panel next went
on to find thatWT/DS/OV/1
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• by providing for the imposition of treble dama ges, fines or imprisonment, instead of anti-
dumping duties, the 1916 Act violated Artic le VI:2 of the GATT 1994 and Article 18.1 of
the Anti-Dumping Agreement;
• by not providing for a number of procedural  requirements found in Article VI:1 of the
GATT 1994 and the Anti-Dumping Agreement, the 1916 Act violated Articles VI:1 of the
GATT 1994 and Articles 1, 4.1, 5.1, 5.2, 5.4 and 18.1 of the Anti-Dumping Agreement; and
• by violating Articles VI:1 and VI:2 of the GATT 1994, and Articles 1, 4.1, 5.1, 5.2, 5.4 and
18.1 of the Anti-Dumping Agreement, the 1916 Act violated Article XVI:4 of the WTO
Agreement and Article 18.4 of the Anti-Dumping Agreement.
On 29 May 2000, the US notified its intention to  appeal certain issues of law and legal
interpretations developed by the panel.  The A ppellate Body report was circulated to Members
on 28 May 2000.  The Appellate Body upheld all of the findings and conclusions of the panel
that were appealed.
The DSB adopted the Appellate Body report and the Panel report, as upheld by the Appellate
Body report, on 26 September 2000.
54. WT/DS163 – Korea – Measures Affecting Government Procurement
Complaint by the United States.  On 16 February 1999, the US requested consultations with
Korea in respect of certain procurement practices of the Korean Airport ConstructionAuthority (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 Governme nt 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 UScontended 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.
At its meeting on 16 June 1999, the DSB established a panel.  The EC and Japan reserved
their third party rights.  The report of the panel was circulated to Members on 1 May 2000.
The panel found that:
• the entities conducting procurement for the project at issue were not covered entities
under Korea's Appendix I of the GPA and were not otherwise covered by Korea's
obligations under the GPA.
• based on less than complete Korean answers to certain US questions during negotiations
for Korea's accession to the GPA, there had initially been an error on the part of the USas to which Korean authority was in charge of  the project at issue.  However, in light of
all the facts the panel considered that there was notice of the error and the US should at
least have conducted further inquiries in this regard before the negotiations were ended.
• the US had not demonstrated that benefits reasonably expected to accrue under the GPA,
or in the negotiations resulting in Korea's accession to the GPA, were nullified or
impaired by measures taken by Korea (whether or not in conflict with the provisions of
the GPA), within the meaning of Article XXII:2 of the GPA.
The DSB adopted the Panel Report at its meeting on 19 June 2000.WT/DS/OV/1
Page 76
55. WT/DS165 – United States – Import Measures  on Certain Products from the European
Communities
Complaint by the European Communities.  On 4 March 1999, the EC requested consultations
with the US in respect of the US decisio n, 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 eachindividual 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 implemen t 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 theright 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 DS U, and Articles I, II, VIII and XI of GATT
1994.  The EC also alleged nullification and impairment of benefits under GATT 1994, aswell 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.
At its meeting on 16 June 1999, the DSB established a panel.  The Dominican Republic,
Ecuador, India, Jamaica, Japan and St. Lucia reserved their third party rights.  The report ofthe panel was circulated to Members on 17 July 2000.  The panel found that:
• the US measure of 3 March 1999 was seeking to redress a WTO violation and was thus
covered by Article 23.1 of the DSU.
• by putting into place that measure prior to the time authorized by the DSB, the US made
a unilateral determination that the revised EC bananas regime in respect of its bananas
import, sales and distribution regime violated WTO rules, contrary to Articles 23.2(a)and 21.5, first sentence, of the DSU.  In doing so, the United States did not abide by the
DSU and thus also violated Article 23.1 together with Article 23.2(a) and 21.5 of the
DSU.
• the increased bonding requirements of the measure of 3 March 1999 as such led to
violations of Articles II:1(a) and II:1(b), first sentence (one panelist dissented,
considering that those requirements rather violated Article XI:1 of the GATT 1994);
• the increased interest charges, costs and fees resulting from the 3 March Measure
violated Article II:1(b), last sentence.
• The measure in question also violated Article I of the GATT 1994.
• In light of these conclusions, the measure of 3 March 1999 constituted a suspension of
concessions or other obligations within the meaning of Articles 3.7, 22.6 and 23.2(c) of
the DSU imposed without DSB authorization and during the ongoing Article 22.6
arbitration process.
• In suspending concessions in those circumstances, the US did not abide by the DSU and
thus violated Article 23.1 together with Articles 3.7, 22.6 and 23.2(c) of the DSU.
On 12 September 2000, the EC notified its intention to appeal certain issues of law and legal
interpretations developed by the panel. The re port of the Appellate Body was circulated on
11 December 2000.  The Appellate Body:
• concluded that the Panel erred by stating that the WTO-consistency of a measure taken
by a Member to comply with recommendations and rulings of the DSB can beWT/DS/OV/1
Page 77
determined by arbitrators appointed under Article 22.6 of the DSU, and, thus, concluded
that the Panel's statements on this issue have no legal effect.
• concluded that the Panel erred by stating that "[o]nce a Member imposes DSB authorised
suspensions of concessions or obligations, that Member's measure is WTO compatible
(it was explicitly authorised by the DSB)", and, thus, concluded that this statement has
no legal effect.
• reversed the Panel's findings that the increased bonding requirements are inconsistent
with Articles II:1(a) and II:2(b), first sentence, of the GATT 1994, and
• reversed the Panel's finding that, by adopting the 3 March Measure, the US acted
inconsistently with Article 23.2(a) of the DSU.
As it upheld the Panel's finding that the 3 March Measure, the measure at issue in this dispute,
is no longer in existence, the Appellate Body did not make any recommendation to the DSB
pursuant to Article 19.1 of the DSU.
At its meeting of 10 January 2001, the DSB a dopted the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
56. WT/DS166 – United States – Definitive Safe guard Measure on Imports of Wheat Gluten
from the European Communities
Complaint by the European Communities. On 17 March 1999, the EC requested consultations
with the US in respect of definitive safeguard measures imposed by the United States 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 ECconsidered 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 Ag riculture; and Articles I and XIX of GATT
1994.
At its meeting on 26 July 1999, the DSB established a panel.  Australia and New Zealand
reserved their third-party rights.  The report of the panel was circulated to Members on
31 July 2000.  The panel found that:
(i) the United States had not acted inconsistently with Articles 2.1 and 4 of the
Safeguards Agreement or with Article XIX:1(a) of the GATT 1994 in
• redacting certain confidential information from the published USITC Report or
• determining the existence of imports in "increased quantities" and serious injury.
(ii) the definitive safeguard measure imposed by the US on certain imports of wheat
gluten based on the US investigation and determination was inconsistent with
Articles 2.1 and 4 of the Safeguards Agreement in that
• the causation analysis applied by the USITC did not ensure that injury caused by
other factors was not attributed to imports and
• imports from Canada (a NAFTA partner) were excluded from the application of
the measure after imports from all sources were included in the investigation forthe purposes of determining serious injury caused by increased imports
(following a separate inquiry concerning whether imports from Canada accountedfor a "substantial share" of total imports and whether they "contributed
importantly" to the "serious injury" caused by total imports).WT/DS/OV/1
Page 78
(iii) The panel further concluded that the US failed to notify immediately the initiation of
the investigation under Article 12.1(a) and the finding of serious injury under Article
12.1(b) of the Safeguards Agreement.
(iv) in notifying its decision to take the measure only after the measure was implemented,
the US did not make timely notification under Article 12.1(c).  For the same reason,
the US violated the obligation of Article 12.3 to provide adequate opportunity for
prior consultations on the measure.
(v) the US therefore also violated its obligation under Article 8.1 of the Safeguards
Agreement to endeavour to maintain a substantially equivalent level of concessions
and other obligations to that existing under the GATT 1994 between it and theexporting Members which would be affected by such measures, in accordance with
Article 12.3 of the Safeguards Agreement.
On 26 September 2000, the US notified its decision to appeal to the Appellate Body certain
issues of law and legal interpretation covered in the Panel Report and certain legalinterpretations developed by the Panel. The Appellate Body circulated its report on
22 December 2000.  The Appellate Body:
• upheld the Panel's conclusion that the US had not acted inconsistently with its obligations
under Articles 4.2(a) and 4.2(b) of the Safeguards Agreement, but, in so doing, reversed
the Panel's interpretation of Article 4.2(a) of the Safeguards Agreement that thecompetent authorities are required to evaluate only the "relevant factors" listed in
Article 4.2(a) of that Agreement as well as an y other "factors" which were clearly  raised
before the competent authorities as relevant by the interested parties in the domestic
investigation;
• reversed the Panel's interpretation of Article 4.2(b) of the Safeguards Agreement that
increased imports "alone", "in and of themselves", or " per se ", must be capable of causing
"serious injury", as well as the Panel's conclusions on the issue of causation;
• found, nonetheless, that the US had acted inconsistently with its obligations under
Article 4.2(b) of the Safeguards Agreement;
• upheld the Panel's finding that the US had acte d inconsistently with its obligations under
Articles 2.1 and 4.2 of the Safeguards Agreement;
• upheld the Panel's findings that the US had ac ted inconsistently with its obligations under
Articles 12.1(a) and 12.1(b) of the Safeguards Agreement;
• reversed the Panel's finding that the US had acted inconsistently with its obligations under
Article 12.1(c) of the Safeguards Agreement; found that the US had acted consistently
with its obligations under Article 12.1(c) of that Agreement to notify "immediately" its
decision to apply a safeguard measure;
• upheld the Panel's finding that the US had acte d inconsistently with its obligations under
Article 12.3 of the Safeguards Agreement, and, in consequence, upheld the Panel'sfinding that the US had acted inconsistently with its obligations under Article 8.1 of the
Safeguards Agreement;
• the Panel did not act inconsistently with Article 11 of the DSU in concluding that the
USITC had "considered industry productivity as required by Article 4.2(a)" of theSafeguards Agreement;
• the Panel did not act inconsistently in finding that the USITC was not required to evaluate
the overall relationship between the protein c ontent of wheat and the price of wheat gluten
as a "relevant factor", under Article 4.2(a) of the Safeguards Agreement, during the post-
1994 period of investigation;  and,WT/DS/OV/1
Page 79
• the Panel did not act inconsistently in declining to draw "adverse" inferences from the
refusal of the US to provide certain allegedly confidential information requested from it
by the Panel under Article 13.1 of the DSU;
• the Panel acted inconsistently with Article 11 of the DSU in finding that "the USITC
Report  provides an adequate, reasoned and reasonable explanation with respect to 'profits
and losses'" and, therefore, reversed this finding;  and found no error in the Panel's
exercise of judicial economy in not examining the claims of the EC under
Article XIX:1(a) of the GATT 1994, and also under Article 5 of the SafeguardsAgreement and Article I of the GATT 1994.
At its meeting of 19 January 2001, the DSB a dopted the Appellate Body report and the Panel
report, as modified by the Appellate Body report.
57. WT/DS169 – Korea – Measures Affecting Import s of Fresh, Chilled, and Frozen Beef
Complaint by Australia.  On 13 April 1999, Australia requested consultations with Korea on
the same basis as the US request in WT/DS161.  At its meeting on 26 July 1999, the DSB
established a panel.  Canada, New Zealand and the US reserved their third-party rights.  At
the request of Korea, the DSB agreed that, pursuant to DSU Article 9.1, this complaint would
be examined by the same panel established in respect of WT/DS161.
58. WT/DS170 – Canada – Patent Protection Term
Complaint by the United States.  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 theunderlying 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.
At its meeting on 22 September 1999, the DSB established a panel.  The report of the panel
was circulated to Members on 5 May 2000.  The panel found that:
• pursuant to Article 70.2 of the TRIPS Agreement, Canada was required to apply the
relevant obligations of the TRIPS Agreement to  inventions protected by patents that were
in force on 1 January 1996, i.e. the date of entry into force for Canada of the TRIPS
Agreement.
• Section 45 of Canada's Patent Act does not make available a term of protection that does
not end before 20 years from the date of filing as mandated by Article 33 of the TRIPS
Agreement, thus rejecting, inter alia , Canada's argument that the 17-year statutory
protection under its Patent Act was effectively equivalent to the 20-year term prescribed
by the TRIPS Agreement because of average pendency periods for patents, informal and
statutory delays etc.
On 19 June 2000, Canada notified its intention to  appeal certain issues of law and legal
interpretations developed by the panel. The A ppellate Body report was circulated to Members
on 18 September 2000. The Appellate Body upheld all of the findings and conclusions of thepanel that were appealed.WT/DS/OV/1
Page 80
The DSB adopted the Appellate Body report and the Panel report, as upheld by the Appellate
Body report, on 12 October 2000.
59. WT/DS177 – United States – Safeguard Measure on Imports of Fresh, Chilled or Frozen
Lamb from New Zealand
Complaint by New Zealand.  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.  New Zealand alleged that by Pr esidential 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.
At its meeting on 19 November 1999, the DSB established a panel.  The DSB agreed that,
pursuant to Article 9.1 of the DSU, this complaint would be examined by the same panel
established in respect of WT/DS178.  Canada, the EC, Iceland and Japan reserved their third-
party rights.  Australia reserved its third-party rights in relation to the complaint by New
Zealand, while New Zealand reserved its third-party rights in relation to the complaint byAustralia. The panel circulated its report on 21 December 2000. The panel concluded that:
• the US has acted inconsistently with Article XIX:1(a) of GATT 1994 by failing to
demonstrate as a matter of fact the existence of "unforeseen developments";
• the US has acted inconsistently with Article 4.1(c) of the Agreement on Safeguards
because the USITC, in the lamb meat investigation, defined the domestic industry as
including input producers as producers of the like product at issue (i.e. lamb meat);
• the complainants failed to establish that th e USITC's analytical approach to determining
the existence of a threat of serious injury, in particular with respect to the prospectiveanalysis and the time-period used, is inconsistent with Article 4.1(b) of the Agreement on
Safeguards;
• the complainants failed to establish that the USITC's analytical approach to evaluating all
of the factors listed in Article 4.2(a) of the Agreement on Safeguards when determining
whether increased imports threatened to cause serious injury with respect to the domesticindustry as defined in the investigation is inconsistent with that provision;
• the US has acted inconsistently with Article 4.1(c) of the Agreement on Safeguards
because the USITC failed to obtain data in respect of producers representing a major
proportion of the total domestic production by the domestic industry as defined in the
investigation;
• the US has acted inconsistently with Article 4.2(b) of the Agreement on Safeguards
because the USITC's determination in the lamb meat investigation in respect of causation
did not demonstrate the required causal link between increased imports and threat of
serious injury, in that the determination did not establish that increased imports were by
themselves a necessary and sufficient cause of threat of serious injury, and in that the
determination did not ensure that threat of serious injury caused by "other factors" was
not attributed to increased imports;
• by virtue of the above violations of Article 4 of the Agreement on Safeguards, the US
also has acted inconsistently with Article 2.1 of the Agreement on Safeguards.
On 31 January 2001, the US notified the DSB of its intention to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel. The Appellate
Body circulated its report on 1 May 2001. The Appellate Body:WT/DS/OV/1
Page 81
• upheld the Panel's finding that the US acted inconsistently with Article XIX:1(a) of the
GATT 1994 by failing to demonstrate, as a matter of fact, the existence of "unforeseen
developments";
• upheld the Panel's finding that the United States acted inconsistently with Articles 2.1 and
4.1(c) of the Agreement on Safeguards  because the USITC defined the relevant
"domestic industry" to include growers and feeders of live lambs;
• upheld the Panel's finding that the USITC made a determination regarding the "domestic
industry" on the basis of data that was not sufficiently representative of that industry;  but
modified the Panel's ultimate finding that the US thereby acted inconsistently with
Articles 2.1 and 4.1(c) of the Agreement on Safeguards  by finding, instead, that the
United States thereby acted inconsistently with Articles 2.1 and 4.2(a) of that Agreement;
• found that the Panel correctly interpreted the standard of review, set forth in Article 11 of
the DSU, which is appropriate to its examination of claims made under Article 4.2 of theAgreement on Safeguards ;  but concluded that the Panel erred in applying that standard in
examining the claims made concerning the USITC's determination that there existed athreat of serious injury; and found, moreover, that the US acted inconsistently with
Articles 2.1 and 4.2(a) of the Agreement on Safeguards  because the USITC Report did
not explain adequately the determination that there existed a threat of serious injury to the
domestic industry;
• reversed the Panel's interpretation of the causation requirements in the Agreement on
Safeguards  but, for different reasons, upheld the Panel's ultimate finding that the US
acted inconsistently with Articles 2.1 and 4.2(b) of the Agreement because the USITC's
determination that there existed a causal link between increased imports and a threat of
serious injury did not ensure that injury caused to the domestic industry, by factors other
than increased imports, was not attributed to those imports;
• upheld the Panel's exercise of judicial economy in declining to rule on the claim of
New Zealand under Article 5.1 of the Agreement on Safeguards ;  and
• declined to rule on the respective conditional appeals of Australia and New Zealand
relating to Articles I, II and XIX:1(a) of the GATT 1994, and to Articles 2.2, 3.1, 5.1, 8.1,
11.1(a) and 12.3 of the Agreement on Safeguards .
The DSB adopted the Appellate Body Report and the Panel Report, as modified by the
Appellate Body Report, on 16 May 2001.
60. WT/DS178 – United States – Safeguard Measure on Imports of Lamb Meat from
Australia
Complaint by Australia.  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.  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 offresh, 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.
At its meeting on 19 November 1999, the DSB established a panel.  The DSB agreed that,
pursuant to Article 9.1 of the DSU, this complaint would be examined by the same panel
established in respect of WT/DS177.  Canada, the EC, Iceland and Japan reserved their third-
party rights. See WT/DS177.WT/DS/OV/1
Page 82
61. WT/DS179 – United States – Anti-Dumping Mea sures on Stainless Steel Plate in Coils
and Stainless Steel Sheet and Strip from Korea
Complaint by 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 and8 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 necessa rily 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.
At its meeting on 19 November 1999, the DSB established a panel.  The EC and Japan
reserved their third-party rights. The panel circulated its report on 22 December 2000. Thepanel concluded that:
(i) with respect to  "local sales":
• the US in the Plate  investigation did not act inconsistently with its obligations
under Article 2.4.1, Article 2.4 chapeau ("fair comparison"), and Article 12.2 of
the AD Agreement  nor with its obligations under Article X:3(a) of GATT 1994;
• the US in the Sheet  investigation acted inconsistently with Article 2.4.1 of the
AD Agreement  by performing a currency conversion that was not required.
(ii) with respect to the treatment of unpaid sales, the US:
• acted inconsistently with its obligations under Article 2.4 chapeau of the
AD Agreement  in both the Plate  and Sheet  investigations by making allowances
in respect of sales through unaffiliated importers which were not permissibleallowances for differences affecting price comparability;
• acted inconsistently with its obligations under Article 2.4 chapeau of the
AD Agreement  in both the Plate and Sheet investigations by making allowances
in respect of sales through an affiliated importer which were not permissible
allowances in the construction of the export price for costs incurred between
importation and resale.
(iii) with respect to multiple averaging, the panel concluded that:
• the US's use of multiple averaging periods in the Plate  and Sheet investigations
was inconsistent with the requirement of Article 2.4.2 to compare "a weightedaverage normal value with a weighted average of all comparable export
transactions";
• the US's use of multiple averaging periods in the Plate  and Sheet investigations
was not inconsistent with Article 2.4.1 of the AD Agreement ;
• the US's use of multiple averaging periods in the Plate  and Sheet  investigations
was not inconsistent with the first sentence of the chapeau of Article 2.4 of the
AD Agreement ("fair comparison").
(iv) to the extent that the US has acted inconsistently with the provisions of the AD
Agreement, it has nullified or impaired benefits accruing to Korea under that
Agreement.WT/DS/OV/1
Page 83
At its meeting of 1 February 2001, the DSB adopted the panel report.
62. WT/DS184 – United States – Anti-Dumping  Measures on Certain Hot-Rolled Steel
Products from Japan
Complaint by Japan.  On 18 November 1999, Japan requested consultations with the US 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 GATT1994 and Articles 2, 3, 6 (including Annex II), 9 and 10 of the Anti-Dumping Agreement.
At its meeting on 20 March 2000, the DSB established a panel.  Brazil, Canada, Chile, the EC
and Korea reserved their third-party rights.  The panel circulated its report on 28 February
2001.  The panel concluded as follows:
• The US acted inconsistently with Articles 6.8 and Annex II of the AD Agreement in its
application of "facts available" to Kawasaki Steel Corporation (KSC), Nippon Steel
Corporation (NSC) and NKK Corporation;
• Section 735(c)(5)(A) of the Tariff Act of 1930, as amended, which mandates that
USDOC exclude only margins based entirely on facts available in determining an all
others rate, is inconsistent with Article 9.4 of the AD Agreement, and that therefore theUS has acted inconsistently with its obligations under Article 18.4 of the AD Agreement
and Article XVI:4 of the Marrakesh Agreement by failing to bring that provision into
conformity with its obligations under the AD Agreement; and
• The US acted inconsistently with Article 2.1 of the AD Agreement in excluding certain
home-market sales to affiliated parties from the calculation of normal value on the basis
of  the "arm's length" test. In addition, in lig ht of the findings above, the panel concluded
that the replacement of those sales with sales to unaffiliated downstream purchasers was
inconsistent with Article 2.1 of the AD Agreement.
• With respect to those of Japan's claims not addressed above the panel concluded: (1) that
the claim was not within its terms of reference ("general practice" concerning adversefacts available; "general practice" of excluding certain home-market sales from the
calculation of normal value), or (2) that, in light of considerations of judicial economy, itis neither necessary nor appropriate to make findings.
On 25 April 2001, the US notified its decision to appeal to the Appellate Body certain issues
of law covered in the Panel Report and certain legal interpretations developed by the Panel.
The Appellate Body circulated its Report on 24 July 2001.  In this regard, the Appellate Body
upheld the Panel's findings except for the following:
• It reversed the Panel's finding regarding th e inconsistency with Article 2.1 of the Anti-
dumping Agreement of the US's methodology for calculating the normal value as regardsthe using of certain downstream sales made by an investigated exporters' affiliates to
dependent purchasers;
• It found that there was insufficient factual record to allow completion of the analysis of
Japan's claim under Article 2.4 of the Anti-dumping Agreement that the US did not makea fair comparison in its use of downstream sales when calculating normal value;WT/DS/OV/1
Page 84
• It reversed the Panel's finding that the US did not act inconsistently with the Anti-
dumping Agreement in its application of the captive production provision in its
determination of injury sustained by the US' hot-rolled steel industry;
• It reversed the Panel's finding that the USITC demonstrated the existence of a causal
relationship, under Article 3.5 of the said agreement, between dumped imports and
material injury to that industry; but found that there was insufficient factual record to
allow completion of the analysis of Japan's claim on causation;
The DSB adopted the Appellate Body Report and the Panel Report, as modified by the
Appellate Body Report, on 23 August 2001.
63. WT/DS194 – United States – Measures Tr eating Export Restraints As Subsidies
Request by Canada.  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 Explanati on of the Final Rules, US Department of
Commerce, Countervailing Duties, Final Rule (63 Federal Register 65,348 at 65,349-51(Nov. 25, 1998)) interpreting section 771(5) of the Tariff Act of 1930 (19 U.S.C. § 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 USwill 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 fail ed to ensure that its laws, regulations and
administrative procedures are in conformity with its WTO obligations as required byArticle 32.5 of the SCM Agreement and Article XVI:4 of the WTO Agreement.
At its meeting on 11 September 2000, the DSB established a panel further to Canada's
request.  Australia, the EC and India reserved their third-party rights.  The Panel circulated
its report on 29 June 2001.  The Panel concluded that:
• an export restraint as defined in this dispute cannot constitute government-entrusted or
government-directed provision of goods in the sense of subparagraph (iv) and hence does
not constitute a financial contribution in the sense of Article 1.1(a) of the
SCM Agreement; and
• Section 771(5)(B)(iii) read in light of the SAA and the Preamble to the US CVD
Regulations is not inconsistent with Article 1.1 of the SCM Agreement by "requir[ing]the imposition of countervailing duties against practices that are not subsidies within the
meaning of Article 1.1".
• with respect to those of Canada's claims not addressed above, the Panel concluded that in
light of considerations of judicial economy, it was neither necessary nor appropriate tomake findings thereon.  The Panel therefore made no recommendations with respect to
the US' obligations under the SCM and WTO Agreements.
The DSB adopted the Panel Report on 23 August 2001.WT/DS/OV/1
Page 85
B. APPELLATE BODY AND PANEL COMPLIANCE REPORTS (ARTICLE 21.5)
ADOPTED
1. WT/DS18/RW – Australia - Measures Affecting the Importation of Salmon
(See WT/DS18 for precedents)  Canada simu ltaneously made a request, pursuant to DSU
Article 21.5, for determination by the original panel of whether the measures taken by Australia
in implementing the recommendations of the DSB were WTO-consistent. Australia informed
the DSB that in the event that the DSB a pproved Canada's request under 22.2, it wished to
request, pursuant to DSU 22.6, for arbitration on th e level of nullification suffered by Canada.
The DSB agreed to Canada's request and referred the matter for determination of the WTO-
consistency of the implementing measures to th e original panel.  The EC, Norway and the US
reserved their third-party rights.  The DSB also  referred the Canadian request for suspension of
concessions to arbitration in view of Australia' s challenge of the level of nullification suffered
by Canada.
On 18 February 2000, the report of the DSU Article  21.5 panel was circulated to Members.  The
panel found that:
• due to delays in the entry into force of several implementing measures which extended
beyond the reasonable period of time within which Australia had to implement the DSB
recommendations, no measures to comply existe d in the sense of Article 21.5 of the DSU in
respect of a number of covered products and dur ing specific periods of time.  As a result,
during those periods, Australia failed to bring its measure into conformity with the SPS
Agreement in the sense referred to in Article 22.6 of the DSU.
• Australia, by requiring that only salmon produc t that is "consumer-ready" as specifically
defined can be imported into Australia and released from quarantine, was maintaining
sanitary measures that were not "based on" a risk assessment, which was contrary to
Articles 5.1 and 2.2 of the SPS Agreement.  The panel also considered the same
requirement to be in violation of Article 5.6 of the SPS Agreement.
• Finally, the panel found that Australia violated Articles 5.1 and 2.2 of the SPS Agreement
as a result of a measure enacted by the Gove rnment of Tasmania that effectively prohibits
the importation of certain Canadian salmon pr oduct into most parts of Tasmania without
being based on a risk assessment and without sufficient scientific evidence.
At its meeting on 20 March 2000, the DSB adopted the report of the panel.
2. WT/DS27/RW – European Communities - Re gime for the Importation, Sale and
Distribution of Bananas
(See WT/DS27 for precedents)  On 15 December 1998, the EC requested the establishment of
a panel under Article 21.5 to determine that the implementing measures of the EC must be
presumed to conform to WTO rules unless challenged in accordance with DSU procedures.
On 18 December 1998, Ecuador requested the re-establishment of the original panel toexamine whether the EC measures to implement the recommendations of the DSB are WTO-
consistent.  At its meeting on 12 January 1999, the DSB agreed to reconvene the original
panel, pursuant to Article 21.5 of the DSU, to examine both Ecuador's and the EC's requests.
Jamaica, Nicaragua, Colombia, Costa Rica, Côte  d'Ivoire, Dominican Republic, Dominica, St.
Lucia, Mauritius, St. Vincent, indicated their interest to join as third parties in both requests,
while Ecuador and India indicated their third-party interest only in the EC request.
In the panel requested by the EC, pursuant to Article 21.5 of the DSU, the panel found that,
because a challenge had actually been made by Ecuador regarding the WTO-consistency ofWT/DS/OV/1
Page 86
the EC measures taken in implementation of the DSB recommendations, it was unable to
agree with the EC that the EC must be presumed to be in compliance with the
recommendations of the DSB.
In the panel requested by Ecuador, pursuant to Article 21.5 of the DSU, the panel found that
the implementation measures taken by the EC in compliance with the recommendations of theDSB were not fully compatible with the EC's WTO obligations. The report of the panel
requested by Ecuador, under Article 21.5 of the DSU, was adopted by the DSB on 6 May
1999.
3. WT/DS46/RW and WT/DS46/RW/2 – Braz il - Export Financing Programme for
Aircraft
(See WT/DS46 for precedents)  On 23 November  1999, Canada requested the establishment of
a panel under Article 21.5 of the DSU, requesting that the panel find that Brazil had not taken
measures to comply fully with the rulings a nd recommendations of the DSB.  Canada and
Brazil reached an agreement concerning the proce dures to be applicable pursuant to Articles 21
and 22 of the DSU and Article 4 of the Subsidies Agreement.  At its meeting on 9 December
1999, the DSB agreed to reconvene the original  panel pursuant to Article 21.5 of the DSU.
Australia, the EC and the US reserved their th ird-party rights.  The report of the panel was
circulated to Members on 9 May 2000.
The panel found that Brazil's measures to comply  with the recommendations and rulings of the
DSB either did not exist or were not consistent with the Subsidies Agreem ent.  In reaching this
conclusion, the panel notably rejected Brazil's defence that PROEX payments were permitted
under item (k) of Annex I of the Subsidies Agreement, adding that, if a WTO Member
encountered an export credit that had been prov ided on terms that it could not meet consistent
with the SCM Agreement, the proper response wa s to challenge that export credit in WTO
dispute settlement.
The Appellate Body upheld the re view panel's conclusion that Brazil has failed to implement
the recommendation of the DSB because of the continued issuance by Brazil of NTN-I bonds,
after 18 November 1999, pursuant to letters of commitment issued before 18 November 1999.
The Appellate Body also upheld  the review panel's findings that payments made under the
revised PROEX are prohibited by Article 3 of the Subsidies Agreement and are not justified
under item (k) of the Illustrative List of the sa me Agreement.  The Appellate Body therefore
upheld the review panel's conclusion that Braz il has failed to implement the recommendations
of the DSB.  The DSB adopted the Appellate B ody report and the panel report, as modified by
the Appellate Body report, at its meeting on 4 August 2000.
On 22 January 2001, Canada requested the DSB to refer the matter again to the original panel,
pursuant to Article 21.5 of the DSU. At its m eeting of 16 February 2001, the DSB referred the
matter to the original panel. Australia, the EC and Korea reserved their third-party rights.  The
Panel circulated its report on 26 July 2001.  The Panel concluded as follows:
• It has not been established that PROEX III as  such was inconsistent with Article 3.1(a) of
the SCM Agreement;
• PROEX III as such is justified under the second paragraph of item (k) of the Illustrative List
of Export Subsidies of Anne x I of the SCM Agreement;
• PROEX III cannot be justified under para graph 1 of the above-mentioned item.
At its meeting on 23 August 2001, the DSB adopted  the Panel Report on this second recourse to
Article 21.5 of the DSU.WT/DS/OV/1
Page 87
4. WT/DS70/RW – Canada - Measures Affecting the Export of Civilian Aircraft
(See WT/DS70 for precedents)  On 23 November  1999, Brazil requested the establishment of a
panel under Article 21.5 because it believed that Canada had not taken measures to comply fully
with the rulings and recommendations of the DSB.  Brazil and Canada reached an agreement
concerning the procedures to be applicable  pursuant to Articles 21 and 22 of the DSU and
Article 4 of the Subsidies Agreement.  At its meeting on 9 December 1999, the DSB agreed to
reconvene the original panel pursuant to Article  21.5 of the DSU.  Australia, the EC and the US
reserved their third-party rights.
The report of the panel was circulated to Members on 9 May 2000.  The panel found:(i) that Canada had implemented the recomm endation of the DSB th at Canada withdraw
Technology Partnership Canada (TPC) assistance to the Canadian regional aircraft
industry within 90 days,
(ii) but that Canada had failed to implemen t the recommendation that it withdraw the
Canada Account assistance to the Canadian regional aircraft industry within 90 days.
With regard to the latter finding, the panel considered that the measures taken by Canada were
not sufficient to ensure that future Canada Account transactions in the Canadian regional
aircraft sector would be in conformity with  the interest rate provisions of the OECD
Arrangement and would thereby qualify for the safe haven in item (k) of Annex I of the
Subsidies Agreement.  The panel therefore conc luded that Canada's measures did not ensure
that such Canada Account transactions would not be prohibited export subsidies.
On 22 May 2000, Brazil notified its intention to appeal certain issues of law and legal
interpretations developed by the review panel.  The report of the Appellate Body was circulated
to Members on 9 May 2000.  The Appellate Body f ound that the review panel erred in declining
to examine one of Brazil's arguments to th e effect that the revised TPC programme is
inconsistent with Article 3.1(a) of the Subsid ies Agreement.  The Appellate Body also found,
however, that Brazil had failed to establish that the revised TPC programme is inconsistent with
Article 3.1(a) of the Subsidies Agreement and, acco rdingly, that Brazil had failed to establish
that Canada has not implemented the recomme ndations of the DSB.  The DSB adopted the
Appellate Body report and the panel report, as m odified by the Appellate Body report, at its
meeting on 4 August 2000.  Canada stated its intention to implement the recommendations of
the DSB in respect of the Canada Account Programme.
5. WT/DS99/RW – United States – Anti-D umping Duty on Dynamic Random Access
Memory Semiconductors (DRAMS) of One Megabit or Above from Korea
(See WT/DS99 for precedents)  On 9 March 2000, Korea informed the DSB that it believed that
the measures taken by the United States to comp ly with the rulings and recommendations of the
DSB were not consistent with the Anti-Du mping Agreement and Article X:1 of GATT 1994.
Korea therefore requested that this matter be re ferred to the original panel pursuant to Article
21.5 of the DSU.  On 6 April 2000, Korea submitted a new request to the effect that the matter
be referred to the original panel pursuant to Article 21.5 of the DSU.  At its meeting on 25 April
2000, the DSB agreed to reconvene the original pa nel pursuant to Article 21.5 of the DSU.  The
EC reserved its reserved its third-party rights.
On 19 September 2000, Korea requested the Panel to suspend its work, including the issuance
of the interim report, "until further notification" pursuant to Article 12.12 of the DSU.  ThePanel, in a letter sent to the parties on 21 September 2000, agreed to this request. On 20
October 2000, the parties notified the DSB of a mutually satisfactory solution to the matter,WT/DS/OV/1
Page 88
involving the revocation of the antidumping order at issue as the result of a five-year "sunset"
review by the US Department of Commerce.
6. WT/DS126/RW – Australia – Subsidies Provided to Producers and Exporters of
Automotive Leather
(See WT/DS126 for precedents)  On 4 October 1999, the United States informed the DSB that it
believed that the measures taken by Australia to comply with the rulings and recommendations
of the DSB were not consistent with the Subsidies Agreement and the DSU, and therefore
requested that the original panel be reconven ed pursuant to Article 21.5 of the DSU.  The
United States and Australia reached an agr eement concerning certain procedures to be
applicable in this case.  That agreement provided, inter alia , that Australia will not raise any
procedural objection to the establishment of a panel in accordance with Article 21.5 of the DSU,
while the United States will not request aut horization to suspend concessions pursuant to
Article 22.2 of the DSU until after the review panel has circulated its report.  Also, it has been
agreed that neither party will appeal the review panel's report.  At its meeting on 14 October
1999, the DSB agreed to reconvene the original pa nel pursuant to Article 21.5 of the DSU.  The
EC and Mexico reserved their third-party rights.  The report of the panel was circulated to
Members on 21 January 2000.  The panel determined that Australia had failed to comply withthe DSB's recommendations within 90 days, and thus had not taken measures to comply with
the recommendation of the DSB in this dispute.   The DSB adopted the review panel's report on
11 February 2000.  On 24 July 2000, the parties notified the DSB that they had reached a
mutually satisfactory solution in regard to impl ementation of the findings of the review panel.
VI. IMPLEMENTATION STATUS OF ADOPTED REPORTS
For descriptions of the reports see Section V:   Completed Panel and Appellate Body Review.
1. WT/DS2 and WT/DS4 – United States - St andards for Reformulated and Conventional
Gasoline
Complaints by Venezuela and Brazil.  The US announced implementation of the
recommendations of the DSB as of 19 August  1997, at the end of the 15 month reasonable
period of time.
2. WT/DS8, WT/DS10 and WT/DS11 – Japa n - Taxes on Alcoholic Beverages
Complaints by the European Communities, Canada and the United States.  On 24 December
1996, the US, pursuant to Article 21(3)(c) of the DSU applied for binding arbitration to
determine the reasonable period of time for implementation by Japan of the recommendations
of the Appellate Body.
The Arbitrator's report was circulated to members on 14 February 1997. The Arbitrator found
the reasonable period for implementation of the recommendations to be 15 months from thedate of adoption of the reports i.e. it expired on 1 February 1998.  Japan presented modalities
for implementation which were accepted by the complainants.
3. WT/DS18 – Australia - Measures Affe cting the Importation of Salmon
Complaint by Canada.  At the DSB meeting on 25 November 1998, Australia informed the
DSB that it was committed to implementing the recommendations of the DSB and was looking
forward to discussing w ith the complainants the question of implementation.WT/DS/OV/1
Page 89
On 24 December 1998, Canada requested arbitrati on, pursuant to Article 21.3(c) of the DSU, to
determine the reasonable period of time for implementation of the recommendations of the
DSB.  The Arbitrator decided that the reas onable period of time for implementation was 8
months i.e. it expired on 6 July 1999.  The report of the Arbitrator was circulated to Members
on 23 February 1999.  On 28 July 1999, Canada made a request to the DSB, pursuant to Article
22.2 of the DSU, for authorization to suspend concessions to Australia for its non-compliancewith the recommendations of the DSB in this matter.  Canada simultaneously made a request,
pursuant to DSU Article 21.5, for determination by  the original panel of whether the measures
taken by Australia in implementing the recommendations of the DSB were WTO-consistent.
Australia informed the DSB that in the event that the DSB approved Canada's request under
22.2, it wished to request, pursuant to DSU 22.6, fo r arbitration on the level of nullification
suffered by Canada.  The DSB agreed to Canada's request and referred the matter for
determination of the WTO-consistency of the impl ementing measures to the original panel.  The
EC, Norway and the US reserved their third-pa rty rights.  The DSB also referred the Canadian
request for suspension of concessions to arbitrati on in view of Australia's challenge of the level
of nullification suffered by Canada.
4. WT/DS22 – Brazil - Measures Affecting Desiccated Coconut
Complaint by the Philippines - no implementation issue in view of the result.
5. WT/DS24 – United States - Restrictions on Imports of Cotton and Man-Made Fibre
Underwear
Complaint by Costa Rica.  At the meeting of the DSB on 10 April 1997, the US informed the
meeting that the measure which had been the subject of this dispute had expired on 27 March
1997 and had not been renewed, effectively mean ing that the US had immediately complied
with the recommendations of the DSB.
6. WT/DS26 and WT/DS48 – European Communiti es - Measures Affecting Meat and Meat
Products (Hormones)
Complaint by the United States and Canada. On 8 April 1998, the respondent requested that the
"reasonable period of time" for implementation of  the recommendations and rulings of the DSB
be determined by binding arbitration, pursuant to Article 21.3(c) of the DSU.  The Arbitrator
found the reasonable period of time for implementation to be 15 months from the date ofadoption (i.e. 15 months from 13 February 1998).  Th e report of the Arbitrator was circulated to
Members on 29 May 1998.
The period for implementation was set by arbitra tion at 15 months from the date of the adoption
of the reports i.e. it expired on 13 May 1999.  The EC undertook to comply with the
recommendations of the DSB within the im plementation period.  At the DSB meeting on
28 April 1999, the EC informed the DSB that it w ould consider offering compensation in view
of the likelihood that it may not be able to comp ly with the recommendations and rulings of the
DSB by the deadline of 13 May 1999.
On 3 June 1999, the United States and Canada, pu rsuant to Article 22.2 of the DSU, requested
authorization from the DSB for the suspension of concessions to the EC in the amount of
US$202 million and Can.$75 million, respectively.  The EC, pursuant to Article 22.6 of the
DSU, requested arbitration on the level of susp ension of concessions requested by the United
States and Canada.  The DSB referred the issue of the level of suspension to the original panel
for arbitration.WT/DS/OV/1
Page 90
The arbitrators determined the level of nullificat ion suffered by the United States to be equal to
US$116.8 million, and the level of nullification suffered by Canada to be equal to
CDN$11.3 million.  The report of the arbitrators was circulated to Members on 12 July 1999.
At its meeting on 26 July 1999, the DSB authorized  the suspension of concessions to the EC by
the United States and Canada in the respective amounts determined by the arbitrators as being
equivalent to the level of nullification suffered by them.
7. WT/DS27 – European Communities - Regime for the Importation, Sale and Distribution
of Bananas
Complaints by Ecuador, Guatemala, Honduras, Mexico and the United States.
On 17 November 1997, the complainants requested that the "reasonable period of time" for
implementation of the recommendations and rulin gs of the DSB be determined by binding
arbitration, pursuant to Article 21.3(c) of the DS U.  The Arbitrator f ound the reasonable period
of time for implementation to be 15 months and 1 week from the date of the adoption of the
reports i.e. it expired on 1 January 1999.  The report of the Arbitrator was circulated to
Members on 7 January 1998.
On 18 August 1998, further the EC's revision of their legislation, the complainants requested
consultations with the EC (without prejudice to their rights under Article 21.5), for the
resolution of the disagreement between them over the WTO-consistency of measures
introduced by the EC in purported compliance with the recommendations and rulings of the
Panel and Appellate Body.  At the DSB meeting on 25 November 1998, the EC announcedthat it had adopted the second Regulation to implement the recommendations of the DSB, and
that the new system will be fully operational from 1 January 1999.  On 15 December 1998,
the EC requested the establishment of a panel under Article 21.5 to determine that the
implementing measures of the EC must be presumed to conform to WTO rules unless
challenged in accordance with DSU procedures.  On 18 December 1998, Ecuador requestedthe re-establishment of the original panel to examine whether the EC measures to implement
the recommendations of the DSB are WTO-consistent.  At its meeting on 12 January 1999,
the DSB agreed to reconvene the original panel, pursuant to Article 21.5 of the DSU, to
examine both Ecuador's and the EC's requests.
On 14 January 1999, the United States, pursuant to Article 22.2 of the DSU, requested
authorization from the DSB for suspension of  concessions to the EC in an amount of
US$520 million.  At the DSB meeting on 29 January 1999, the EC, pursuant to Article 22.6 of
the DSU, requested arbitration on the level of suspension of concessions requested by the
United States.  The DSB referred the issue of the level of suspension to the original panel for
arbitration.  Pursuant to Article 22.6 of the DSU, the request for the suspension of
concessions by the United States was deferred by the DSB until the determination, throughthe arbitration, of the appropriate level for the suspension of concessions.
In the arbitration under Article 22.6 of the DSU, necessitated by the EC's challenge to the
level of suspension sought by the United States (US$520 million), the arbitrators found that
the level of suspension sought by the United States was not equivalent to the level ofnullification and impairment suffered as a result of the EC's new banana regime not being
fully compatible with the WTO.  The arbi trators accordingly determined the level of
nullification suffered by the United States to be equal to US$191.4 million. The arbitrator's
report and the reports of the panels were issued to the parties on 6 April 1999, and circulated
to Members on 9 and 12 April 1999 respectively.  On 9 April 1999, the United States,pursuant to Article 22.7 of the DSU, requested that the DSB authorize suspension of
concessions to the EC equivalent to the level of nullification and impairment, i.e. US$191.4WT/DS/OV/1
Page 91
million.  On 19 April 1999, the DSB authorized the United States to suspend concessions to
the EC as requested.
On 8 November 1999, Ecuador requested authorization from the DSB to suspend the
application to the EC of concessions or other related obligations under the TRIPS Agreement,
GATS and GATT 1994, pursuant to Article 22.2 of the DSU, in an amount of US$450million.  At the DSB meeting on 19 November 1999, the EC, pursuant to Article 22.6 of the
DSU, requested arbitration on the level of suspension of concessions requested by Ecuador.
The DSB referred the issue of the level of su spension to the original panel for arbitration.
Pursuant to Article 22.6 of the DSU, the request for the suspension of concessions by Ecuador
was deferred by the DSB until the determination, through the arbitration, of the appropriate
level for the suspension of concessions.
Also at the DSB meeting on 19 November 1999, the EC informed the DSB of its proposal for
reform of the banana regime, which envisages a two-stage process, comprising a tariff rate
quota system for several years.  This system should then be replaced by a tariff only system
no later than 1 January 2006.  The proposal includes a decision to continue discussions with
interested parties on the possible systems for distribution of licences for the tariff rate quotaregime.  If no feasible system can be found, the proposal for a transitional tariff rate quota
regime would not be maintained and nego tiations under Article XXVIII of GATT 1994 would
be envisaged to replace the current system with a tariff only regime.  At the DSB meeting on
24 February 2000, the EC explained that there continued to be divergent views expressed by
the main parties concerned and that, as a result, no agreed conclusions could be reached.
The arbitrator's report (on the Ecuadorian request for suspension of concessions) was
circulated to Members on 24 March 2000.  The arbitrators found that the level of nullification
and impairment suffered by Ecuador amounted to US$201.6 million per year.  The arbitrators
found that Ecuador may request authorization by the DSB to suspend concessions or otherobligations under GATT 1994 (not including investment goods or primary goods used as
inputs in manufacturing and processing industries); under GATS with respect to "wholesale
trade services" (CPC 622) in the principal di stribution services; and, to the extent that
suspension requested under GATT 1994 and GATS was insufficient to reach the level of
nullification and impairment determined by the arbitrators, under TRIPS in the followingsectors of that Agreement:  Section 1 (copyright and related rights); Article 14 on protection
of performers, producers of phonograms and broadcasting organisations), Section 3
(geographical indications), Section 4 (industrial designs).  The arbitrators also noted that,
pursuant to Article 22.3 of the DSU, Ecuador should first seek to suspend concessions or
other obligations with respect to the same sectors as those in which the panel reconvened at
the request of Ecuador pursuant to Article 21.5 of the DSU had found violations, i.e. GATT
1994 and the sector of distribution services under GATS.  On 8 May 2000, Ecuadorrequested, pursuant to Article 22.7 of the DSU, that the DSB authorize the suspension of
concessions to the EC equivalent to the level of nullification and impairment, i.e. US$201.6
million.  On 18 May 2000, the DSB authorized Ecuador to suspend concessions to the
European Communities as requested.
At the DSB meeting of 27 July 2000, the European Communities stated with respect to
implementation of the recommendations of the DSB that it had begun examining the
possibility of managing the proposed tariff rate quotas on a first come, first served basis
because negotiations with interested parties on tariff rate quota allocation on the basis of
traditional trade flows had reached an impasse.  The European Communities also said that its
examination would include a tariff only system and its implications. At the DSB meeting of
23 October 2000, the EC stated that it was finalizing its internal decision-making process with
a view to implementing the new banana regime. To this effect, the EC considered that, during
a transitional period of time, its new banana regime should be regulated by the establishmentWT/DS/OV/1
Page 92
of tariff-rate quotas and managed on the basis of a "first-come, first-served" (FCFS) system.
Before the end of transitional period of time, the EC would initiate Article XXVIII
negotiations with a view to establishing a tariff-only system. On 1 March 2001, the EC
reported to the DSB that on 29 January 2001, the Council of the European Union adopted
Regulation (EC) No 216/2001 amending Regulation (EEC) No 404/93 on the common
organisation of the market in bananas. The modifications made in Council Regulation216/2001 provide for three tariff quotas open to all imports irrespective of their origin: (1) a
first tariff quota of 2.200.000 tonnes at a rate of 75€/tonnes, bound under the WTO; (2) a
second autonomous quota of 353.000 tonnes at a rate of 75€/tonnes; (3) a third autonomous
quota of 850.000 tonnes at a rate of 300€/tonnes. Imports from ACP countries will enter duty-
free. In view of contractual obligations towards these countries and the need to guarantee
proper conditions of competition, they will benefit from a tariff preference limited to a
maximum of 300€/tonnes. The tariff quotas are a transitional measure leading ultimately to a
tariff-only regime. According to the EC, substa ntial progress has been achieved with respect
to the implementing measures necessary to manage the three tariff rate quotas on the basis of
the First-come, First-served method.
On 3 May 2001, the EC reported to the DSB that intensive discussions with the US and
Ecuador, as well as the other banana supplying countries, including the other co-
complainants, have led to the common identification of the means by which the long-standing
dispute over the EC's bananas import regime will be resolved.  In accordance with Article
16(1) of Regulation No (EC) 404/93 (as ame nded by Council Regulation No (EC) 216/2001),
the EC will introduce a Tariff Only regime for imports of bananas no later than 1 January2006. GATT Article XXVIII negotiations will be initiated in good time to that effect.  In the
interim period, starting on 1 July 2001, the EC will implement an import regime based on
three tariff rate quotas, to be allocated on the basis of historical licensing.
On 22 June 2001, the EC notified an "Understa nding on Bananas between the EC and the US"
of 11 April 2001, and an "Understanding on Bananas between the EC and Ecuador" of 30
April 2001.  Pursuant to these Understandings with the US and Ecuador, the EC will
implement an import regime on the basis of historical licensing as follows:
(1) effective 1 July 2001, the EC will implement an import regime on the basis of
historical licensing as set out in annex to each of the Understandings;
(2) effective as soon as possible thereafter, subject to Council and European Parliament
approval and to adoption of an Article XIII waiver, the EC will implement an import
regime on the basis of historical licensing as set out in annex to each of the
Understandings.
The Commission will seek to obtain the implementation of such an import regime as soon as
possible.  Pursuant to its Understanding with the EC, the US,
(i) upon implementation of the new import regime described under (1) above, would
provisionally suspend its imposition of the increased duties;
(ii) upon implementation of the new import regime described under (2) above, would
terminate its imposition of the increased duties;
(iii) may reimpose the increased duties if the import regime described under (2) does not
enter into force by 1 January 2002; and
(iv) would lift its reserve concerning the waiver of Article I of the GATT 1994 that the
EC has requested for preferential access to the EC of goods originating in ACP states
signatory to the Cotonou Agreement; and w ill actively work towards promoting the
acceptance of an EC request for a waiver of Article XIII of the GATT 1994 needed
for the management of quota C under the import regime described under (2) above
until 31 December 2005.WT/DS/OV/1
Page 93
Pursuant to its Understanding with the EC, Ecuador
(i) took note that the European Commission wi ll examine the trade in organic bananas
and report accordingly by 31 December 2004;
(ii) upon implementation of the new import regime, Ecuador's right to suspend
concessions or other obligations of a level not exceeding US$201.6 million per year
vis-à-vis the EC would be terminated;
(iii) Ecuador would lift its reserve concerning the waiver of Article I of the GATT 1994
that the EC has requested for preferential  access to the EC of goods originating in
ACP states signatory to the Cotonou Agreement; and would actively work towards
promoting the acceptance of an EC request for a waiver of Article XIII of the GATT
1994 needed for the management of quota C under the import regime described inparagraph C(2) until 31 December 2005.
The EC notified the Understandings as mutually satisfactory solutions within the meaning of
Article 3.6 DSU.  Both Ecuador and the US communicated that the Understandings did not
constitute mutually satisfactory solutions within the meaning of Article 3.6 DSU and that itwould be premature to take the item off the DSB agenda.  At the DSB meeting on
25 September 2001, Ecuador made an oral statement whereby it criticised the Commission
proposal aimed at reforming the EC common organisation for bananas in order to honour the
above Understandings.
On 4 October 2001, the EC circulated a status report on the implementation where it indicated
that it was continuing to work actively on the legal instruments required for the management
of the three tariff quotas after 1 January 2002.  In addition, the EC's report indicated that no
progress had been made since the previous DSB meeting regarding the waiver request
submitted by the EC and the ACP States.  The EC further indicated that in the event that noprogress was made at the meeting of the Counci l of Trade in Goods scheduled for 5 October
2001, the EC and the ACP States would be forced to reassess the situation in all respects.  At
the DSB meeting on 15 October 2001, the EC recall ed that the procedure for the examination
of the waiver request had been unblocked at the meeting of the Council for Trade in Goods on
5 October 2001, and expressed its readiness to work and discuss with all interested parties inthe course of this examination.  Ecuador said that if the waiver was limited to what was
required during the transitional import regime then it could be granted quickly.  Guatemala
said that it would carefully follow the outcome of EC's actions and requested that the item
should remain on the DSB agenda.  Honduras noted that the EC had an obligation to describe
the measures to be put in place after 2005.  It also reiterated its concerns that the rights of
developing countries were not being respected.  Panama supported the statement by Honduras
and urged the EC to take into account the concerns of Latin American banana exporters.  TheUS expressed satisfaction that the examination procedure of the waiver request had started
and hoped that the process would be expeditious.  Saint Lucia said that the statement by
Honduras that the EC disregarded the rights of some developing countries was inaccurate.  It
welcomed the start of the examination procedure and hoped that any current differences
would soon be resolved.
8. WT/DS31 – Canada - Certain Measures Concerning Periodicals
Complaint by the United States. The implementation period was agreed by the parties to be
15 months from the date of adoption of the re ports i.e. it expired on 30 October 1998.  Canada
has withdrawn the contested measure.WT/DS/OV/1
Page 94
9. WT/DS33 – United States - Measure A ffecting Imports of Woven Wool Shirts and
Blouses
Complaint by India.  The US announced that the measure was withdrawn as at 22 November
1996, before the Panel had concluded its work.  Therefore, no implementation issue arose.
10. WT/DS34 – Turkey – Restrictions on Im ports of Textile and Clothing Products
Complaint by India.  At the DSB meeting of 19 November 1999, Turkey stated its intention to
comply with the recommendations and rulings of the DSB.  On 7 January 2000, the parties
informed the DSB that they had agreed that  the reasonable period of time for Turkey to
implement the DSB's recommendations and rulings would expire on 19 February 2001.
Pursuant to the agreement reached, Turkey also  was to refrain from making more restrictive
restrictions affecting imports of specified tex tile and clothing products from India, to increase
the size of the quotas of India on certain specified  textile and clothing products and to treat India
no less favourably than any other Member with re spect to the elimination of or modification of
quantitative restrictions affecting any product covered by the agreement.
On 6 July 2001, the parties to the dispute notified the DSB that they have reached a mutually
acceptable solution regarding implementation by Turkey of the conclusions andrecommendations adopted by the DSB on the ma tter.  Pursuant to the Agreement, Turkey
agreed to
(1) remove the quantitative restrictions it applies on textile categories 24 and 27 in respect
of imports from India, by 30 June 2001 or th e date of signature of the Agreement;
(2) carry out tariff reductions on the applied rate basis as described in annex to the
Agreement, by 30 September 2001;
(3) strive towards early compliance with th e recommendations and rulings of the DSB.
Pursuant to the Agreement, the compensation w ould remain effective until Turkey removes all
quantitative restrictions applied as of 1 January 1996 in respect of imports from India for the 19
categories of textile and clothing products.
11. WT/DS44 – Japan - Measures Affecting Consumer Photographic Film and Paper
Complaint by the United States - no implementation issue in view of the result.
12. WT/DS46 – Brazil - Export Financing Programme for Aircraft
Complaint by Canada.
At the DSB meeting of 19 November 1999, Br azil announced that it had withdrawn the
measures at issue within 90 days and had thus  implemented the recommendations and rulings of
the DSB.
On 23 November 1999, Canada requested the esta blishment of a panel under Article 21.5 of the
DSU, requesting that the panel find that Brazil ha d not taken measures to comply fully with the
rulings and recommendations of the DSB.  Canada and Brazil reached an agreement concerning
the procedures to be applicable pursuant to Ar ticles 21 and 22 of the DSU and Article 4 of the
Subsidies Agreement.
On 10 May, Canada requested authorization from  the DSB to suspend the application to Brazil
of concessions or other related obligations under the GATT, the Textiles Agreement and theWT/DS/OV/1
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Import Licensing Agreement, pursuant to Article 4.10 of the Subsidies Agreement and Article
22.2 of the DSU, in an amount of Can$700 million per year.
On 22 May 2000, Brazil notified its intention to appeal certain issues of law and legal
interpretations developed by the review panel.  At the DSB meeting on 22 May 2000, Brazil
also requested arbitration, pursuant to Article 22.6 of the DSU and Article 4.11 of the Subsidies
Agreement, to determine whether the countermeasures requested by Canada were appropriate.
The DSB referred the matter to the original panel for arbitration, it being understood that no
countermeasures would be sought pending the re port of the Appellate Body and until after the
arbitration report.  The report of the Appellate  Body was circulated to Members on 9 May 2000.
The Appellate Body upheld the re view panel's conclusion that Brazil had failed to implement
the recommendation of the DSB because of the continued issuance by Brazil of NTN-I bonds,after 18 November 1999, pursuant to letters of commitment issued before 18 November 1999.
The Appellate Body also upheld  the review panel's findings that payments made under the
revised PROEX are prohibited by Article 3 of the Subsidies Agreement and are not justified
under item (k) of the Illustrative List of the sa me Agreement.  The Appellate Body therefore
upheld the review panel's conclusion that Braz il has failed to implement the recommendations
of the DSB.  The DSB adopted the Appellate B ody report and the panel report, as modified by
the Appellate Body report, at its meeting on 4 August 2000.
Brazil stated its intention to bring future PR OEX operations in line with the recommendations
of the DSB.  The arbitrator's report was circulated to Members on 28 August 2000.  The
arbitrators found that the appr opriate countermeasures in this case amounted to C$344.2 million
per year.  The arbitrators found that Canada ma y request authorization by the DSB to suspend
tariff concessions or other obligations under GATT 1994, the Agreement on Textiles and
Clothing and the Agreement on Import Licensi ng Procedures. At the DSB meeting of 12
December 2000, Canada received, pursuant to Article 22.7 of the DSU and Article 4.10 of theSCM Agreement, authorization from the DSB to suspend the application to Brazil of tariff
concessions or other obligations under GATT 1994, the Agreement on Textiles and Clothing
and the Agreement on Import Licensing Procedures  covering trade in a maximum amount of C$
344.2 million per year. On 12 December 2000, Brazil advised the DSB of changes that it had
made to the measures at issue in this case and claimed that PROEX had been brought intocompliance with Brazil's obligations under the SCM Agreement. Canada is of the view that
Brazil continues to violate its SCM Agreement obligations. According to Canada, there is
therefore a disagreement between Canada and Brazil as to whether the measures taken by
Brazil to comply with the 20 August 1999 and 4 August 2000 rulings and recommendations
of the DSB bring Brazil into conformity with the provisions of the SCM Agreement and result
in the withdrawal of the export subs idies to regional aircraft under PROEX.
On 22 January 2001, Canada requested the DSB to refer the matter again to the original panel,
pursuant to Article 21.5 of the DSU. At its m eeting of 16 February 2001, the DSB referred the
matter to the original panel. Australia, the EC and Korea reserved their third-party rights.  The
Panel circulated its report on 26 July 2001.
At its meeting on 23 August 2001, the DSB adopted  the Panel Report on this second recourse to
Article 21.5 of the DSU.
13. WT/DS50 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products
Complaint by the United States.  At the DS B meeting of 22 April 1998, the parties announced
that they had agreed on an implementation peri od of 15 months from the date of the adoption of
the reports i.e. it expired on 16 April 1999.  India undertook to comply with theWT/DS/OV/1
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recommendations of the DSB within the impl ementation period.  At the DSB meeting on 28
April 1999, India presented its final status report on implementation of this matter which
disclosed the enactment of the relevant legi slation to implement the recommendations and
rulings of the DSB.
14. WT/DS54, WT/DS55, WT/DS 59 and WT/DS64 – Indonesia - Certain Measures
Affecting the Automobile Industry
Complaints by the United States, the European Communities and Japan.  Indonesia indicated its
intention to comply with the recommendations of the DSB within the time permissible under
Article 21 of the DSU.  On 8 October 1998, the EC, pursuant to Article 21.3 of the DSU,
requested that the reasonable period of implemen tation be determined by binding arbitration.
The Arbitrator determined that the reasonable  period of time for Indonesia to implement the
recommendations and rulings of the DSB was 12 m onths from the date of adoption of the Panel
Report i.e. it expired on 23 July 1999.  The report of  the Arbitrator was circulated to Members
on 7 December 1998.  By a communication dated 15 July 1999, Indonesia informed the DSB
that it had issued a new automotive policy on 24 June 1999 (the 1999 Automotive Policy),
which effectively implemented the recommendations and rulings of the DSB in this matter.
15. WT/DS56 – Argentina - Certai n Measures Affecting Imports of Footwear, Textiles,
Apparel and Other Items
Complaint by the United States.  At the DSB meeting on 22 June 1998, Argentina announced
that it had reached an agreement on implemen tation with the US, whereby Argentina would
reduce the statistical tax to 0.5% by 1 January 1999, and cap specific duties on textiles andapparel at 35% by 19 October 1998.  At the DSB meeting on 26 May 1999, Argentina
announced that Decree 108/99, pursuant to whic h no import transactions covered by the
statistical tax shall be taxed in excess of th e amounts agreed between it and the United States,
would enter into force on 30 May 1999.
16. WT/DS58 – United States - Import Prohibition of Certain Shrimp and Shrimp Products
Complaint by India, Malaysia, Pakistan and Thailand. On 25 November 1998, the US
informed the DSB that it was committed to implementing the recommendations of the DSB
and was looking forward to discussing with the complainants the question of implementation.
The parties to the dispute announced that they had agreed on an implementation period of 13months from the date of adoption of the Appellat e Body and Panel Reports, i.e. it expired on
6 December 1999.  On 22 December 1999, Malaysia and the United States informed the DSB
that they had reached an understanding regarding possible proceedings under Articles 21 and
22 of the DSU.
At the DSB meeting on 27 January 2000, the US stated that it had implemented the DSB's
rulings and recommendations.  The US noted that it had issued revised guidelinesimplementing its Shrimp/Turtle law which were intended to (i) introduce greater flexibility in
considering the comparability of foreign programmes and the US programme and (ii)
elaborate a timetable and procedures for certification decisions.  The US also noted that it had
undertaken and continued to undertake efforts to initiate negotiations with the governments of
the Indian Ocean region on the protection of sea turtles in that region.  Finally, the US statedthat it offered and continued to offer technical training in the design, construction, installation
and operation of TEDs to any government that requested it.  See also Section VI.B.
On 12 October 2000, Malaysia requested that the matter be referred to the original panel
pursuant to Article 21.5 of the DSU, considering that by not lifting the import prohibition andnot taking the necessary measures to allow the importation of certain shrimp and shrimpWT/DS/OV/1
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products in an unrestrictive manner, the United States had failed to comply with the
recommendations and rulings of the DSB. At  its meeting of 23 October 2000, the DSB
referred the matter to the original panel pursuant to Article 21.5 DSU.
On 9 July 2001, the US notified its decision to a ppeal to the Appellate Body certain issues of
law covered in the Panel Report and certain legal interpretations developed by the Panel.  On5 September 2001, the Appellate Body informed the DSB that it would not be able to
circulate its report within the 7 September deadline.  Accordingly, the Report is expected to
be circulated no later than 8 October 2001.
17. WT/DS60 – Guatemala - Anti-D umping Investigation Regarding Imports of Portland
Cement from Mexico
Complaint by Mexico.  In view of the result, no implementation issue arises.
18. WT/DS62, WT/DS67 and WT/DS 68 – European Communities - Customs Classification
of Certain Computer Equipment
Complaint by the United States.  No implementation issue in view of the result.
19. WT/DS69 – European Communities - Measu res Affecting Importation of Certain
Poultry Products
Complaint by Brazil.  The EC and Brazil announced at the DSB meeting on 21 October 1998,
that they had reached a mutual agreement on a reasonable period of time for implementation,
which was to be the period up to 31 March 1999.
20. WT/DS70 – Canada - Measures Affecting the Export of Civilian Aircraft
Complaint by Brazil.  At the DSB meeting of  19 November 1999, Canada announced that it had
withdrawn the measures at issue within  90 days and thus had implemented the
recommendations and rulings of the DSB.  On 23 November 1999, Brazil requested the
establishment of a panel under Article 21.5 because it believed that Canada had not taken
measures to comply fully with the rulings and recommendations of the DSB.  Brazil and
Canada reached an agreement concerning the pro cedures to be applicable pursuant to Articles
21 and 22 of the DSU and Article 4 of the Subsid ies Agreement.  At its meeting on 9 December
1999, the DSB agreed to reconvene the original  panel pursuant to Article 21.5 of the DSU.
Australia, the EC and the US reserved their third-party rights.
The compliance panel report was circulated to Members on 9 May 2000.  The panel concluded
that Canada's measures did not ensure that such Canada Account transactions would not be
prohibited export subsidies.
On 22 May 2000, Brazil notified its intention to appeal certain issues of law and legal
interpretations developed by the review panel.  The report of the Appellate Body was circulated
to Members on 9 May 2000.  The Appellate Body f ound that Brazil had failed to establish that
Canada has not implemented the recommenda tions of the DSB.  The DSB adopted the
Appellate Body report and the panel report, as m odified by the Appellate Body report, at its
meeting on 4 August 2000.  Canada stated its intention to implement the recommendations of
the DSB in respect of the Canada Account Programme.WT/DS/OV/1
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21. WT/DS75 and WT/DS84 - Korea – Taxes on Alcoholic Beverages
Complaints by the European Communities and the United States.  At the DSB meeting on
19 March 1999, Korea informed the DSB that it was considering options for implementation of
the DSB's recommendations.  On 9 April 1999, the two complainants separately requested,
pursuant to Article 21.3(c) of the DSU, that  the reasonable period of time for Korea to
implement the recommendations of the DSB be determined by arbitration.  On 23 April 1999,
the three parties to the dispute jointly info rmed the DSB that they had agreed on the
appointment of an arbitrator for the determ ination of the reasonable period of time for
implementation, and also that they had agreed th at the arbitrator issue his arbitration award no
later than 7 June 1999.  On 4 June 1999, the arbitrator determined the reasonable period of time
to be 11 months and two weeks. i.e. until 31 January 2000.  At the DSB meeting on 27 January
2000, Korea stated that it considered to ha ve fully implemented the DSB's rulings and
recommendations by amending its Liquor Tax Law and the Education Tax Law to impose flat
rates of 72% liquor tax and 30% education tax on all distilled alcoholic beverages on a non-
discriminatory basis.
22. WT/DS76 – Japan - Measures Affecting Agricultural Products
Complaint by the United States.  Pursuant to Article 21.3 of the DSU, Japan informed the DSB
on 13 April 1999 that it was studying ways in wh ich to implement the recommendations of the
DSB.  In a joint communication, the two par ties informed the DSB on 15 June 1999, that they
had agreed on an implementation period of 9 m onths and 12 days from the date of adoption of
the reports, i.e. from 19 March to 31 December 1999.
On 31 December 1999, Japan abolished the vari etal testing requirement as well as the
"Experimental Guide" in accordance with th e DSB's rulings.  At the DSB meeting on 14
January 2000, Japan also stated that it was conduc ting consultations with the US regarding a
new quarantine methodology for those products subject to import prohibitions because they
were hosts of codling moth.  At the DSB meeting on 24 February 2000, Japan noted that it
expected to reach a mutually satisfactory so lution with the US regarding a new quarantine
methodology.
On 23 August 2001, Japan and the US notified to the DSB that they had reached a mutually
satisfactory solution with respect to conditions for lifting import prohibitions on the fruits and
nuts at issue in the dispute.
23. WT/DS79 – India - Patent Protection for Pharmaceutical and Agricultural Chemical
Products
Complaint by the European Communities.  Indi a indicated at the DSB meeting of 21 October
1998, that it needed a reasonable period of time to comply with the DSB recommendations and
that it intended to have bilateral consultations  with the EC to agree on a mutually acceptable
period of time.  At the DSB meeting on 25 No vember 1998, India read out a joint statement
done with the EC, in which it was agreed that the implementation period in this dispute would
correspond to the implementation period in a simila r dispute brought by the US (DS50). At the
DSB meeting on 28 April 1999, India presented its final status report on implementation of
DS50, which also applies to implementation in this  dispute.  The report disclosed the enactment
of the relevant legislation to implement the recommendations and rulings of the DSB.
24. WT/DS87 and WT/DS110– Chile – Ta xes on Alcoholic Beverages
Complaints by the European Communities.  On  11 February 2000, Chile informed the DSB that
it was studying ways in which to implement th e recommendations of the DSB, noting that anyWT/DS/OV/1
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changes to its tax laws required the approval  of the National Congress and that it would
therefore require a reasonable period of time to implement the recommendations of the DSB.
On 15 March 2000, Chile requested, pursuant to Arti cle 21.3(c) of the DSU, that the reasonable
period of time be determined by arbitration.
The report of the arbitrator was circulat ed to Members on 23 May 2000.  The arbitrator
determined, pursuant to Article 21.3 of the DSU, that the reasonable period of time for Chile to
implement the recommendations and rulings of th e DSB is not more than 14 months and 9 days
from 12 January 2000, i.e. Chile had until 21 March 2001 to enact and put into effect a law
appropriately amending the relevant tax legislation.
At the DSB meeting of 1 February 2001, Chile an nounced that implementing legislation  was
adopted by a clear majority in both the Chamber of Deputies and the Senate, and that its fullentry into force awaits only on its promulgation by the President of the Republic and its
publication in the Official Journal. Under this legislative reform, the existing rate of 27 per
cent would be maintained for Pisco, while that same rate would be applied to other alcoholic
beverages as from 21 March 2003.  In the meantime, the tax applied to those spirits will be
progressively reduced to 27 per cent.
25. WT/DS90 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by the United States.  At the DS B meeting of 14 October 1999, India stated its
intention to comply with the recommendations  and rulings of the DSB, at the same time
drawing attention to the Panel's suggesti on that the reasonable period of time for
implementation in this case could be longer than  15 months in view of the practice of the IMF,
the BOP Committee and GATT and WTO panels of granting longer phase-out periods for the
elimination of BOP restrictions, and in view of India's status as a deve loping country Member.
On 28 December 1999, the parties informed the DSB that they had reached an agreement on the
reasonable period of time for India to comply with the recommendations and rulings of the
DSB.  The reasonable period of time was to expire on 1 April 2000, except for some tariff items
to be notified by India to the US for which the reasonable period of time was to expire on
1 April 2001.  Pursuant to the agreement reached, India had to treat the US no less favourablythan any other Member with respect to the el imination of or modification of quantitative
restrictions affecting any product covered by the agreement.  At the DSB meeting of 27 July
2000, India stated that it had notified to the United States those tariff items for which the
reasonable period is to expire on 1 April 2001 and that for all other items India had
implemented the recommendation of the DSB by  1 April 2000. At the DSB meeting of 5 April
2001, India announced that, with effect from 1 April 2001, it had removed the quantitative
restrictions on imports in respect of the remaining 715 items and had thus implemented theDSB's recommendations in this case. The United States  welcomed India's action and said that
it had some specific questions to ask India in the next few days.
26. WT/DS98 – Korea - Definitive Safeguard Measure on Imports of Certain Dairy
Products
Complaint by the European Communities.  On  11 February 2000, Korea informed the DSB that
it was studying ways in which to implement the recommendations of the DSB.  On 21 March
2000, the parties notified the DSB that they ha d agreed on a reasonable period of time for
Korea's implementation of the recommendations of the DSB.  Pursuant to that agreement, the
reasonable period expired on 20 May 2000. At th e DSB meeting of 26 September 2000, Korea
informed the DSB that it had lifted its safe guard measure on 20 May 2000 and stated that it
thereby had completed the implementation of the DSB's recommendations in this case.WT/DS/OV/1
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27. WT/DS99 – United States - Anti-Dumping  Duty on Dynamic Random Access Memory
Semiconductors (DRAMS) of One Megabit or Above from Korea
Complaint by Korea.  On 13 April 1999, the United States informed the DSB it was studying
ways in which to implement the recommendations of the DSB.  At the DSB meeting on 26 July
1999, the two parties notified the DSB that they had agreed on an implementation period of 8
months effective from the date of adoption of the report, i.e. from 19 March 1999.  The
reasonable period of time expired on 19 November 1999.
At the DSB meeting on 27 January 2000, the US stated  that it considered to have implemented
the recommendations and rulings by the DSB.  The US recalled that the Commerce Department
had amended section 351.222(b) by deleting the " not likely" standard and incorporating the
"necessary" standard of the Anti-Dumping Agreem ent.  The Commerce Department then issued
a revised Final Results of Redetermination in the Third Administrative Review on 4 November
1999, concluding that, because a resumption of dumping was likely, it was necessary to leave
the anti-dumping order in place.
On 9 March 2000, Korea informed the DSB that it believed that the measures taken by the
United States to comply with the rulings and recommendations of the DSB were not consistent
with the Anti-Dumping Agreement and Article X:1 of GATT 1994.  Korea therefore requested
that this matter be referred to the original pane l pursuant to Article 21.5 of the DSU.  On 6 April
2000, Korea submitted a new request to the effect that the matter be referred to the original
panel pursuant to Article 21.5 of the DSU.  At  its meeting on 25 April 2000, the DSB agreed to
reconvene the original panel pursuant to Article  21.5 of the DSU.  The EC reserved its reserved
its third-party rights.
On 19 September 2000, Korea requested the Panel to suspend its work, including the issuance
of the interim report, "until further notification" pursuant to Article 12.12 of the DSU.  ThePanel, in a letter sent to the parties on 21 September 2000, agreed to this request.  On 20
October 2000, the parties notified the DSB of a mutually satisfactory solution to the matter,
involving the revocation of the antidumping order at issue as the result of a five-year "sunset"
review by the US Department of Commerce.
28. WT/DS103 and WT/DS113 – Canada - Measures Affecting the Importation of Milk and
the Exportation of Dairy Products
Complaints by the United States and New Zeal and.  At the DSB meeting of 19 November 1999,
Canada stated its intention to comply with the recommendations and rulings of the DSB.  On
23 December 1999, Canada informed the DSB that, pursuant to Article 21.3 of the DSU and
after having agreed to extend the time periods set forth in Article 21.3(b) of the DSU, it has
reached an understanding with the US and New Zealand on four discrete periods of time to beaccorded a staged implementation process.  According to the implementation agreement,
Canada must complete the last stage of the implementation process no later than 31 December
2000. On 11 December 2000, Canada, the US and New Zealand informed the DSB that they
had agreed to extend the reasonable period of time until 31 January 2001.
On 16 February 2001, both the US and New Zealand requested the DSB to refer the matter to
the original panel pursuant to Article 21.5 DSU. At its meeting of 1 March 2001, the DSB
referred the matter to the original panel, if possible. Australia, the EC and Mexico reserved
their third party rights. Also on 16 February 2001, both the US and New Zealand requested
authorization from the DSB, pursuant to Article 22.2 DSU, to suspend the application toCanada of tariff concessions and related obligations under the GATT 1994, each covering
trade in the amount of US$ 35 million on an annual basis. On 28 February 2001, CanadaWT/DS/OV/1
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objected to the level of suspension and requested that the matter be referred to arbitration
pursuant to Article 22.6 DSU. At its meeting of 1 March 2001, the DSB referred the matter to
arbitration.
29. WT/DS108 – United States - Tax Treatm ent for "Foreign Sales Corporations"
Complaint by the European Communities.  Pursuant to Article 21.3 of the DSU, the US
informed the DSB on 7 April 2000 of its intenti on to implement the recommendations of the
DSB in a manner consistent with its WTO obligations .  At the request of the United States, at its
meeting of 12 October 2000, the DSB modified the time-period for implementation so as to
expire on 1 November 2000.  On 17 November 2000, the US stated that, with the adoption on
15 November 2000 of the FSC Repeal and Extrat erritorial Income Exclusion Act, it had
implemented the recommendations and rulings of the DSB.  On the same date, the EC stated
that, in its view, the US had failed to comply with the DSB recommendations and rulings, andrequested the US to enter into consultations w ith the EC pursuant to Articles 4 and 21.5 of the
DSU, Article 4 of the SCM Agreement, Article 19 of the Agreement on Agriculture and Article
XXIII:1 of GATT 1994.  Also on 17 November 2000, the EC requested authorisation from the
DSB to take appropriate countermeasures and suspend concessions pursuant to Article 4.10 of
the SCM Agreement and Article 22.2 of the DSU.
Pursuant to an agreement between the parties to the dispute, the US  would request arbitration
with respect to the EC's request and the arbitration would be suspended until the reconstituted
panel has decided the conformity of the new US  legislation with the panel and Appellate Body
reports.  On 27 November 2000, the US requested that the matter be referred to arbitrationpursuant to Article 22.6 of the DSU. On 7 December 2000, the EC notified the DSB that
consultations had failed to settle the dispute a nd that it was requesting the establishment of a
panel pursuant to Article 21.5 of the DSU. At its meeting of 20 December, the DSB agreed to
refer the matter to the original panel.  On 21 December 2000, pursuant to an agreement
between the parties, the US and the EC join tly requested the Article 22.6 DSU arbitrator to
suspend the arbitration proceeding until adoption of the panel report or, if there is an appeal,
adoption of the Appellate Body report.  The arbitration was accordingly suspended.
On 7 December 2000, the EC notified the DSB that consultations had failed to settle the dispute
and that it was requesting the establishment of a panel pursuant to Article 21.5 of the DSU.  Atits meeting of 20 December, the DSB agreed to refer the matter to the original panel.  On
21 December 2000, pursuant to an agreement between the parties, the US and the EC jointly
requested the Article 22.6 DSU arbitrator to suspend the arbitration proceeding until adoption
of the panel report or, if there is an appeal, adoption of the Appellate Body report.  The
arbitration was accordingly suspended.
On 20 August 2001, the compliance panel report was circulated to the Members.  The Panel
concluded that the amended FSC legislation was still inconsistent with Articles 3.1(a) and 3.2
of the SCM Agreement, with 10.1 and 8 of the Agreement on Agriculture and with
Article III:4 of the GATT 1994.
30. WT/DS114 – Canada - Patent Protection of Pharmaceutical Products
Complaint by the European Communities and their member States.  Pursuant to Article 21.3 of
the DSU, Canada informed the DSB on 25 Apr il 2000 that it would require a reasonable period
of time in order to implement the recommendati ons of the DSB.  Since the parties failed to
reach a mutually satisfactory solution as to th e "reasonable period of time" for implementation
of the recommendations of the DSB, despite a mu tually agreed extension of the period of time
foreseen in Article 21.3(b) of the DSU, on 9 June 2000, the European Communities and their
member States requested that the reasonable period of time be determined by arbitrationWT/DS/OV/1
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pursuant to Article 21.3(c) of the DSU.  The ar bitrator determined, pursuant to Article 21.3 of
the DSU, that the reasonable period of time for Canada to implement the recommendations and
rulings of the DSB is six months from the date of adoption of the panel report and that the
reasonable period would thus end on 7 October 2000.  At the DSB meeting of 23 October 2000,
Canada informed Members that, effective from 7 October 2000, it had implemented the DSB's
recommendations.
31. WT/DS121 – Argentina - Safeguard Measures on Imports of Footwear
Complaint by the European Communities.  Purs uant to Article 21.3 of the DSU, Argentina
informed the DSB on 11 February 2000 that the safeguard measure would remain in force until
25 February 2000 and, by that date, the measures aimed at complying with the DSB's
recommendations and ruling would be adopted.
32. WT/DS122 – Thailand - Anti-Dumping Duties on  Angles, Shapes and Sections of Iron or
Non-Alloy Steel and H-Beams from Poland
Complaint by Poland.  Thailand informed the DSB that it was in the process of identifying the
most suitable way to comply with the DSB's r ecommendations in this case and that it would
need a reasonable period of time for implementation. Poland reiterated its position that inorder to implement the DSB's recommendations in this case Thailand would have to revoke
the duties currently in place.  If not, Poland would seek recourse to Article 21.5 of the DSU.
Poland was ready to enter into consultations with Thailand on a reasonable period of time for
implementation.  On 25 May 2001, the parties to the dispute informed the DSB that they had
agreed that the reasonable period of time shall be 6 months and 15 days and therefore expiredon 20 October 2001.
33. WT/DS126 – Australia - Subsidies Provided to Producers and Exporters of Automotive
Leather
Complaint by the United States.  On 17 Septem ber 1999, Australia informed the DSB that it had
implemented the recommendations and rulings of the DSB.  On 4 October 1999, the United
States informed the DSB that it believed that th e measures taken by Australia to comply with
the rulings and recommendations of the DSB were  not consistent with the Subsidies Agreement
and the DSU, and therefore requested that th e original panel be reconvened pursuant to
Article 21.5 of the DSU. The EC and Mexico rese rved their third-party rights.  The compliance
panel report was circulated to Members on 21 January 2000.  The compliance panel determined
that Australia had failed to comply with th e DSB's recommendations within 90 days, and thus
had not taken measures to comply with the reco mmendation of the DSB in this dispute.  The
DSB adopted the review panel's report on 11 February 2000.  On 24 July 2000, the parties
notified the DSB that they had reached a mu tually satisfactory solution in regard to
implementation of the findings of the review panel.
34. WT/DS132 – Mexico - Anti-Dum ping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States
Complaint by the United States.  Pursuant to Article 21.3 of the DSU, Mexico informed the
DSB on 20 March 2000 that it was studying ways in which to implement the recommendations
of the DSB.  Mexico also indicated that it w ould need a reasonable period of time in order to
implement the DSB recommendations.  On 19 April 2000, the parties informed the DSB that
they had agreed, pursuant to Article 21.3(b) of  the DSU, on a reasonable period of time to be
granted to Mexico to implement the recomme ndations of the DSB.  That period expired on
22 September 2000.  At the DSB meeting of 26 September 2000, Mexico stated that it had
published on 20 September 2000 the final determination on anti-dumping investigation of high-WT/DS/OV/1
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fructose corn syrup from the US  and thereb y complied with the DSB's recommendation.  US
stated that it would examine Mexico's final determination.
On 12 October 2000, the US requested that the DSB refer the matter to the original panel,
pursuant to Article 21.5 of the DSU, in orde r to establish whether Mexico had correctly
implemented the DSB's recommendations. At its meeting of 23 October 2000, the DSBreferred the matter to the original panel pursuant to Article 21.5 of the DSU. The EC, Jamaica
and Mauritius reserved their third-party rights to participate in the Panel's proceedings. The
US and Mexico informed the DSB that they were discussing mutually agreeable procedures
under Articles 21 and 22 of the DSU in relation to this matter.
The Article 21.5 Panel circulated its report on 22 June 2001. The Panel considered that
Mexico has failed to implement the recommendation of the original Panel and the DSU tobring its measure into conformity with its obligations under the AD Agreement.
On 24 July 2001, Mexico appealed the above Panel report.  On 20 September 2001, the
Appellate Body informed that the issuance of th e report would be delayed.  It is now expected
to be issued no later than Monday, 22 October 2001.
35. WT/DS136 – United States - Anti-Dumping Act of 1916
Complaint by the European Communities.  At the DSB meeting of 23 October 2000, the US
stated that it was its intention to implement the DSB's recommendations and rulings.  The US
also stated that it would require a reasonable period of time for implementation and that itwould consult with the EC and Japan on this matter.  On 17 November 2000, the EC requested
that the reasonable period of time be determined by arbitration pursuant to Article 21.3(c) of the
DSU.  The arbitrator circulated his report on 28 February 2001. He decided that the
reasonable period of time in this case was 10 months and would thus expire on 26 July 2001.
At its meeting of 24 July 2001, the DSB agreed to the US proposal to extend the reasonableperiod of time until 31 December 2001 or the end of the current session of the US Congress,
whichever earlier.  This extension had been agreed with the parties.
36. WT/DS138 – United States – Imposition of Countervailing Duties on Certain Hot-Rolled
Lead and Bismuth Carbon Steel Produc ts Originating in the United Kingdom
Complaint by the European Communities.  At the DSB meeting on 5 July 2000, the United
States announced that it considered to have implemented the recommendations of the DSB with
regard to the case concerning its countervailing duty order on certain hot-rolled lead and
bismuth carbon steel products originating in the United Kingdom.  As a follow-up to this case,
the EC has filed a new complaint against the US continued application of countervailing duties
based on the "change of ownership" methodol ogy.  For further information, see WT/DS212.
37. WT/DS139 and WT/DS142 – Canada – Cert ain Measures Affecting the Automotive
Industry
Complaints by Japan and the European Communities.  Pursuant to Article 21.3 of the DSU,
Canada informed the DSB on 19 July 2000 that it would comply with the recommendations of
the DSB.  One of the recommendations made by  the DSB was that Canada withdraw within 90
days the export subsidy found to be inconsistent with Article 3.1(a) of the Subsidies Agreement.
On 4 August 2000, Japan and the European Communities requested, pursuant to Article 21.3(c)
of the DSU, that the reasonable period of time  be determined by arbitration. The arbitrator
determined that the "reasonable period of time" was 8 months from the date of adoption of the
Appellate Body and Panel Reports, as modifi ed by the Appellate Body Report.  The
"reasonable period of time" was thus to expire on 19 February 2001 . At the DSB meeting ofWT/DS/OV/1
Page 104
12 March 2001, Canada stated that, as of 18 February 2001, it had complied with the DSB's
recommendations.
38. WT/DS141 – European Communities – Anti-D umping Duties on Imports of Cotton-
Type Bed-Linen from India
Complaint by India.  At the DSB meeting of 5 April 2001, the EC announced its intention to
implement the DSB's recommendations in this case and said that it would need a reasonable
period of time to do so.  India said that the EC could complete its implementation process
within a very short period of time. On 26 April 2001, the parties to the dispute notified the
DSB that they had mutually agreed that the reasonable period of time shall be five months
and two days, that is from 12 March 2001 until 14 August 2001.
The EC amended its Anti-dumping Regulation by the deadline.  However, India, at the 23
August meeting of the DSB, made a statement whereby it expressed the view that the new EC
Regulation did not bring the EC legislation into full compliance with the DSB's
recommendations.
On 13 September 2001, India and the EC informed the DSB that they had reached an
understanding regarding the procedures under Articles 21 and 22 of the DSU.  This
understanding foresees that if on the basis of the results of proceedings under Article 21.5 that
might be initiated by India, India decides to initiate proceedings under Article 22, the EC
would not assert that India is precluded from  doing so because its request was made outside
the 30 day time-period.
39. WT/DS155 – Argentina - Measures on the Ex port of Bovine Hides and the Import of
Finished Leather
Complaint by the European Communities.  At the DSB meeting of 12 March 2001, Argentina
stated its intention to implement the DSB's recommendations and indicated that it would needa reasonable period of time to do so.  On 14 May 2001, the EC requested that the reasonable
period of time be determined through binding arbitration pursuant to Article 21.3(c).  On
31 August 2001, the Arbitrator circulated its award whereby the reasonable period of time
was fixed at 12 months and 12 days from 16 February 2001.  This period will therefore expire
on 28 February 2002.
40. WT/DS156 – Guatemala - Definitive Anti- dumping Measure regarding Grey Portland
Cement from Mexico
Complaint by Mexico.  At the DSB meeting of 12 December 2000, in accordance with Article
21.3 of the DSU, Guatemala informed the DSB that in October 2000 it had removed its anti-
dumping measure and had thus complied with the DSB's recommendations. Mexico
welcomed Guatemala's implementation in this case.
41. WT/DS160 – United States – Section 110(5) of the US Copyright Act
Complaint by the European Communities.  Pursuant to Article 21.3 of the DSU, the US
informed the DSB on 24 August 2000 that it would implement the recommendations of the
DSB.  The US proposed 15 months as a reasonable period of time within which to implementthose recommendations.  On 23 October 2000, the EC requested that the reasonable period of
time for implementation be determined by mean s of binding arbitration as provided for in
Article 21.3 (c) DSU. The Arbitrator circulat ed his Award on 15 January 2001. The Arbitrator
determined that the reasonable period of time for the US to implement the recommendations
and rulings of the DSB in this case is 12 months from the date of the adoption of the panelWT/DS/OV/1
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report.  At its meeting of 24 July 2001, the DSB agreed to the US proposal to extend the
reasonable period of time until 31 December 2001 or the end of the current session of the US
Congress, whichever earlier.  This extension had been agreed with the EC.
On 23 July 2001, the US and the EC notified the DSB of their agreement to pursue arbitration
pursuant to Article 25.2 of the DSU in order to determine the level of nullification orimpairment of benefits to the EC as result of Section 110(5)(B) of the US Copyright Act.
42. WT/DS161 and WT/DS169 Korea – Measures Affecting Imports of Fresh, Chilled, and
Frozen Beef
Complaints by the United States and Australia.  At the DSB meeting of 2 February 2001,
Korea announced that it had already implemented some elements of the DSB's
recommendations and that in order to complete the process it would need a reasonable periodof time. On 19 April 2001, the parties to the dispute notified the DSB that they had mutually
agreed that the reasonable period of time shall be 8 months, and was thus to expire on
10 September 2001.
At the DSB meeting on 25 September 2001, Korea announced that it had implemented the
DSB's recommendation by the deadline, i.e. 10 September.  The US indicated that it will
continue to work with Korea to ensure that th e replacement measures resulted in full market
access for US beef.
43. WT/DS162 – United States – Anti-Dumping Act of 1916
Complaint by Japan.  At the DSB meeting of 23 October 2000, the US stated that it was its
intention to implement the DSB's recommendations and rulings. The US also stated that it
would require a reasonable period of time for implementation and that it would consult with
the EC and Japan on this matter. On 17 November 2000, Japan requested that the reasonable
period of time be determined by arbitration pursuant to Article 21.3(c) of the DSU. The
arbitrator circulated his report on 28 February 2001. He decided that the reasonable period of
time in this case was 10 months and would thus expire on 26 July 2001. At its meeting of 24
July 2001, the DSB agreed to the US proposal to extend the reasonable period of time until 31
December 2001 or the end of the current session of the US Congress, whichever earlier.  This
extension had been agreed with the parties.
44. WT/DS166 – United States – Definitive Safe guard Measure on Imports of Wheat Gluten
from the European Communities
Complaint by the European Communities.  At the DSB meeting of 16 February 2001, the US
announced that it intended to implement the recommendations and rulings contained in the
panel and Appellate Body reports. On 20 March 2001, the EC requested that the reasonable
period of time for implementation be determined by binding arbitration pursuant to Article21.3(c) DSU. On 10 April 2001, the parties to the dispute notified the DSB that they had
mutually agreed that the reasonable period of time shall be four months and 14 days, that is
from 19 January 2001 to 2 June 2001.
45. WT/DS170 – Canada – Patent Protection Term
Complaint by the United States.  At the DSB meeting of 23 October 2000, Canada stated that
it was its intention to implement the DSB's recommendations and rulings. Canada said that it
would require a reasonable period of time for implementation and that it would consult with
the United States on this matter. On 15 December 2000, the US requested that the reasonable
period of time for implementation by Canada be determined by binding arbitration pursuant toWT/DS/OV/1
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Article 21.3(c) of the DSU. The arbitrator circulated his report on 28 February 2001. He
decided that the reasonable period of time in this case was 10 months and was thus to expire
on 12 August 2001.
46. WT/DS177 and WT/DS178 – United States – Safeguard Measure on Imports of Fresh,
Chilled or Frozen Lamb from New Zealand
Complaints by New Zealand and Australia.  At the DSB meeting of 20 June 2001, the US
recalled that on 14 June 2001 it had submitted in writing to the DSB its intentions with
respect to the implementation in this case and sa id that it intended to implement the DSB's
recommendations in a manner that would respect its WTO obligations.  The US further stated
that it would need a reasonable period of time for implementation and, for that reason, it
would enter into discussions with the complaining parties.  On 27 September 2001, the US
informed the DSB of its decision to implement the recommendations of the DSB by endingthe safeguard measure effective on 15 November 2001.  On 28 September 2001, Australia
and New Zealand agreed that the reasonable period of time for implementation would expire
on 15 November 2001.
47. WT/DS179 – United States – Anti-Dumping Mea sures on Stainless Steel Plate in Coils
and Stainless Steel Sheet and Strip from Korea
Complaint by Korea  At the DSB meeting of 1 March 2001, the US stated its intention to
implement the DSB's recommendations and indicated that it would need a reasonable period
of time to do so. on 26 April 2001, the parties to the dispute notified the DSB that they had
mutually agreed that the reasonable period of time shall be 7 months and shall thus expire on1 September 2001.
At the DSB's meeting of 10 September 2001, the US announced that it had implemented the
DSB's recommendation on 1 September 2001.  At that meeting, Korea acknowledged the
implementation.
VII. SETTLED OR INACTIVE CASES
A. MUTUALLY AGREED SOLUTIONS
1. WT/DS5 – Korea - Measures Concerning the Shelf-life of Products
Complaint by the United States.  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.  The parties notified a mutually acceptable solution to this dispute on 31 July 1995.
2. WT/DS6 – United States - Imposition of Import Duties on Automobiles from Japan
under Sections 301 and 304 of the Trade Act of 1974
Complaint by Japan.  On 19 July 1995, the parties notified settlement of this dispute.  Japan had
alleged that the import surcharges violated GATT Articles I and II.
3. WT/DS7, WT/DS12 and WT/DS 14 – European Communities - Trade Description of
Scallops
Complaints by Canada, Peru and Chile.  The complaint concerned a French Government Order
laying down the official name and trade descrip tion of scallops. Complainants claimed that thisWT/DS/OV/1
Page 107
Order will reduce competitiveness on the French market as their product will no longer be able
to be sold as "Coquille Saint-Jacques" although there is no difference between their scallops and
French scallops in terms of colour, size, texture,  appearance and use, i.e. it is claimed they are
"like products".  Violations of GATT Articles I and III and TBT Article 2 were alleged.
A panel was established at the request of Canada on 19 July 1995.  A joint panel was
established on 11 October 1995 at the request of Peru and Chile on the same subject.  The two
panels concluded their substantive work, but suspended the proceedings pursuant to
Article 12.12 of the DSU in May 1996 in view of the consultations held among the parties
concerned towards a mutually agreed solution. Th e parties notified a mutually agreed solution
to the DSB on 5 July 1996. Brief panel reports noting the settlement were circulated to
Members on 5 August 1996 in accordance with th e provisions of Article 12.7 of the DSU.
4. WT/DS19 – Poland - Import Regime for Automobiles
Complaint by India.  This request for consultations, dated 28 September 1995, concerns
Poland's preferential treatment of the EC in its  tariff scheme on automobiles.  On 16 July 1996,
both parties notified a mutually agreed solution to the DSB.
5. WT/DS20 – Korea - Measures Concerning Bottled Water
Complaint by Canada.  In this request for consultations dated 8 November 1995, Canada
claimed that Korean regulations on the shelf-life and physical treatment (disinfection) of bottled
water were inconsistent with GATT Articles III and XI, SPS Articles 2 and 5 and TBT Article
2.  At the DSB meeting on 24 April 1996, the parties to the dispute announced that they reacheda settlement.
6. WT/DS21 – Australia - Measures Affect ing the Importation of Salmonids
Complaint by the United States.  This request for consultations, dated 17 November 1995,
concerns the same regulation alleged to be in violation of the WTO Agreements in WT/DS18,in respect of which the reports of the panel a nd Appellate Body have already been adopted and
are awaiting implementation.  On 11 May 1999, th e United States requested the establishment
of a panel.  At its meeting on 16 June 1999, the DSB established a panel.  Canada, the EC,
Hong Kong/China, India and Norway reserved th eir third party rights. At the request of the
complainants, the Panel agreed on 8 November 1999 to suspend its work, pursuant to Article12.12 of the DSU, until such time as the panelists have completed their work in the ongoing
proceeding requested by Canada pursuant to Article 21.5 of the DSU (WT/DS18) or for eleven
months, whichever is the earlier.  On 29 March 2000, the panel agreed to a request by the US,
pursuant to Article 12.12 of the DSU, to suspend its work for a period of one month, i.e. until 29
April 2000.  On 12 May 2000, the panel agreed to a request by the US to suspend its work for
an additional period of time, which will expire on 17 July 2000. On 27 October 2000, the parties
to the dispute notified a mutually satis factory solution on the matter to the DSB.
7. WT/DS28 – Japan - Measures Concerning Sound Recordings
Complaint by the United States.  This request, dated 9 February 1996, is the first WTO dispute
settlement case involving the TRIPS Agreement.  The United States claims that Japan's
copyright regime for the protection of intellectual property in sound recordings is inconsistentwith, inter alia, the TRIPS Agreement Article  14 (protection of performers, producers of
phonograms and broadcasting organizations).  On January 24 1997, both parties informed the
DSB that they had reached a mutually satisfactory solution to the dispute.WT/DS/OV/1
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8. WT/DS35 – Hungary - Export Subsidies in Respect of Agricultural Products
Complaint by Argentina, Australia, Canada, New Zealand, Thailand and the United States.
This request, dated 27 March 1996, claims that Hungary violated the Agreement on Agriculture
(Article 3.3 and Part V) by providing export subsidies in respect of agricultural products not
specified in its Schedule, as well as by provid ing agricultural export subsidies in excess of its
commitment levels. On 9 January 1997, Argentina, Australia, New Zealand and the UnitedStates requested the establishment of a panel.  At its meeting on 25 February 1997 the DSB
established a panel.  Canada, Japan, Thailand and Uruguay reserved their third-party rights to
the dispute.  At the DSB meeting on 30 July 1997, Australia, on behalf of all the complainants,
notified the DSB that the parties to the disput e had reached a mutually agreed solution, which
required Hungary to seek a waiver of certain of  its WTO obligations.  Pending adoption of the
waiver, the complaint was not formally withdrawn.
9. WT/DS36 – Pakistan - Patent Protection for Pharmaceutical and Agricultural Chemical
Products
Complaint by the United States.  In its request for consultations dated 30 April 1996, the United
States claimed that the absence in Pakistan of (i) either patent protection for pharmaceutical and
agricultural chemical products or a system to permit the filing of applications for patents on
these products and (ii) a system to grant exclusive marketing rights in such products, violates
TRIPS Agreement Articles 27, 65 and 70.   On 4 July 1996, the United States requested the
establishment of a panel.  The DSB considered the request at its meeting on 16 July 1996, but
did not establish a panel due to Pakistan's obj ection.  At the DSB meeting on 25 February 1997,
both parties informed the DSB that they had reach ed a mutually agreed solution to the dispute
and that the terms of the agreement were bein g drawn up, and would be communicated to the
DSB once finalized.  On 28 February 1997, the terms of the agreement were communicated to
the Secretariat.
10. WT/DS37 – Portugal - Patent Protection  under the Industrial Property Act
Complaint by the United States. This request for consultations dated 30 April 1996, concerned
Portugal's term of patent protection under its I ndustrial Property Act.  The US claimed that the
provisions in that Act with respect to exis ting patents were inconsistent with Portugal's
obligations under the TRIPS Agreement. Violations under Articles 33, 65 and 70 were alleged.
On 3 October 1996, both parties notified a mutually agreed solution to the DSB.
11. WT/DS40 – Korea - Laws, Regulations and Pr actices in the Telecommunications Sector
Complaint by the European Communities.  This request for consultations, dated 9 May 1996,
concerns  the laws, regulations and practices in  the telecommunications sector.  The EC claims
that the procurement practices of the Korean  telecommunications sector (Korea Telecom and
Dacom) discriminate against foreign suppliers.  The EC also claims that the Korean government
has favoured US suppliers under two bilateral telecommunications agreements between Korea
and the US. Violations of GATT Articles I, III and XVII are alleged.  On 22 October 1997, the
parties notified the Secretariat of a mutually agreed solution.
12. WT/DS42 – Japan - Measures Concerning Sound Recordings
Complaint by the European Communities.  This request for consultations, dated 24 May 1996,
concerns the intellectual property protection of sound recordings under GATT Article XXII:1.
Violations of Articles 14.6 and 70.2 of the TRIPS Agreement are alleged.  Earlier, the United
States requested consultations with Japan on the same issue (WT/DS28), in which the EC
joined.  On 7 November 1997, both parties notified a mutually agreed solution.WT/DS/OV/1
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13. WT/DS43 – Turkey - Taxation of Foreign Film Revenues
Complaint by the United States.  This request  for consultations, dated 12 June 1996, concerns
Turkey's taxation of revenues generated from the showing of foreign films.  Violation of GATT
Article III is alleged.  On 9 January 1997, the United States requested the establishment of  a
panel.  At its meeting on 25 February 1997, the DSB established a panel.  Canada reserved itsthird-party rights to the dispute.  On 14 Ju ly 1997, both parties notified the DSB of a mutually
agreed solution.
14. WT/DS72 – European Communities - Measures Affecting Butter Products
Complaint by New Zealand.  This request, date d 24 March 1997, is in respect of decisions by
the EC and the United Kingdom's Customs and Ex cise Department, to the effect that New
Zealand butter manufactured by the ANMIX butter-making process and the spreadable butter-making process be classified so as to be excluded from eligibility for New Zealand's country-
specific tariff quota established by the European Communities' WTO Schedule.  New Zealand
alleges violations of Articles II, X and XI of GATT, Article 2 of the TBT Agreement, and
Article 3 of the Agreement on Import Licensi ng Procedures.  On 6 November 1997, New
Zealand requested the establishment of a panel.  The DSB established a panel on 18 November1997.  The US reserved its third-party rights. At the request of the complainants, dated
24 February 1999, the Panel agreed, pursuant to Ar ticle 12.12 of the DSU, to suspend the panel
proceedings.  In a communication dated 11 November 1999, the parties notified a mutually
agreed solution to this dispute.
15. WT/DS73 – Japan - Procurement of a Navigation Satellite
Complaint by the European Communities.  This request, dated  26 March 1997, is in respect of
a procurement tender published by the Ministry of Transport (MoT) of Japan to purchase a
multi-functional satellite for Air Traffic Management.  The EC contends that the specifications
in the tender were not neutral but referred explic itly to US specifications.  This meant, the EC
contends, that European bidders could effectively not participate in the tender.  The EC alleges
inconsistency of this tender with Annex I of  Appendix I of Japan's commitments under the
Government Procurement Agreement (GPA). The EC  also alleges violations of Articles VI(3)
and XII(2) of the GPA.  On 31 July 1997, the EC notified the Secretariat that a mutually agreed
solution had been reached with Japan in this dispute.  On 19 February 1998, the two partiescommunicated the text of their agreement to the DSB.
16. WT/DS74 – Philippines - Measures Affecting Pork and Poultry
Complaint by the United States.  This request, dated 1 April 1997, is in respect of the
implementation by the Philippines of its tari ff-rate quotas for pork and poultry.  The US
contends that the Philippines' implementation of these tariff-rate quotas, in particular the delays
in permitting access to the in-quota quantities a nd the licensing system used to administer
access to the in-quota quantities, appears to be inconsistent with the obligations of the
Philippines under Articles III, X, and XI of GATT 1994, Article 4 of the Agreement on
Agriculture, Articles 1 and 3 of the Agreement on Import Licensing Proce dures, and Articles 2
and 5 of TRIMs.  The US further contends that theses measures appear to nullify or impair
benefits accruing to it directly or indirectly under cited agreements.  On 12 March 1998, theparties communicated a mutually agreed solution to their dispute.WT/DS/OV/1
Page 110
17. WT/DS83 – Denmark - Measures Affecting the Enforcement of Intellectual Property
Rights
Complaint by the United States.  This request , dated 14 May 1997, is in respect of Denmark's
alleged failure to make provisional measures available in the context of civil proceedings
involving intellectual property rights.  The US contends that this failure violates Denmark's
obligations under Articles 50, 63 and 65 of the TR IPS Agreement.  On 7 June 2001, the parties
to the dispute notified to the DSB a mu tually satisfactory solution on the matter.
18. WT/DS85 – United States - Measures Af fecting Textiles and Apparel Products
Complaint by the European Communities.  This request, dated 23 May 1997, is in respect of
changes to US rules of origin for textiles and apparel products.  The EC alleges that the US has
introduced changes to its rules of origin for text ile and apparel products, which affect exports of
EC fabrics, scarves and other flat textile products  to the US. As a result, the EC alleges that EC
products are no longer recognised in the US as be ing of EC origin and lose the free access to the
US market that they had hitherto enjoyed.  The EC contends that these changes in US rules of
origin are in violation of the obligations of  the US under Articles 2.4, 4.2 and 4.4 of the ATC,
Article 4.2 of the Agreement on Rules of Origi n, Article III of GATT 1994, and Article 2 of the
TBT Agreement.  On 11 February 1998, the two parties notified their mutually agreed solution.
19. WT/DS86 – Sweden - Measures Affecting th e Enforcement of Intellectual Property
Rights
Complaint by the United States.  This request, dated 28 May 1997, is in respect of Sweden's
alleged failure to make provisional measures available in the context of civil proceedings
involving intellectual property rights.  The US contends that this failure violates Sweden's
obligations under Articles 50, 63 and 65 of the TR IPS Agreement.  In a communication dated 2
December 1998, the two parties notified a mutually agreed solution to this dispute.
20. WT/DS91 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by Australia.  This request, dated 16 July 1997, raises the same issues in respect of
India's quantitative restrictions on imports of ag ricultural, textile and industrial products as in
the request by the US in DS90.  On 23 March 1998, the two parties notified a mutually agreed
solution.
21. WT/DS92 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by Canada.  This request, dated 16 July 1997, raises the same issues in respect of
India's quantitative restrictions on imports of ag ricultural, textile and industrial products as in
the requests by the US (DS90) and Australia  (DS91).  On 25 March 1998, the two parties
notified a mutually agreed solution.
22. WT/DS93 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by New Zealand.  This request, dated 16 July 1997, raises the same issues in respect
of India's quantitative restrictions on imports of agricultural, textile and industrial products as in
the requests by the US (DS90), Australia (DS91) and Canada (D S92).  However, New Zealand
makes an additional claim for nullification and impairment of benefits accruing to it underWT/DS/OV/1
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GATT 1994. In a letter dated 14 September 1998, but communicated to the Secretariat  on
1 December 1998, the two parties notified a mutually agreed solution to this dispute.
23. WT/DS94 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by Switzerland.  This request, dated 18 July 1997, raises the same issues in respect of
India's quantitative restrictions on imports of ag ricultural, textile and industrial products as in
the requests by the US (DS90), Australia (DS 91), Canada (DS92), a nd New Zealand (DS93).
However, Switzerland does not invoke the Agreement on Agriculture.  On 23 February 1998,
the two parties notified a mutually agreed solution.
24. WT/DS96 – India - Quantitative Restrictions  on Imports of Agricultural, Textile and
Industrial Products
Complaint by the European Communities.  This request, dated 18 July 1997, raises the same
issues in respect of India's quantitative restri ctions on imports of agricultural, textile and
industrial products as in the requests by the US  (DS90), Australia (DS 91), Canada (DS92), New
Zealand (DS93), and Switzerland (D S94).  In addition, the EC is also alleging violations of
Articles 2, 3 and 5 of the SPS Agreement.  On 7 April 1998, the two parties notified a mutuallyagreed solution.
25. WT/DS99 – United States - Anti-Dumping  Duty on Dynamic Random Access Memory
Semiconductors (DRAMS) of One Megabit or Above from Korea
Complaint by Korea.  This request, dated 14 August 1997, is in respect of a decision of the US
Department of Commerce (DoC) not to revo ke the anti-dumping duty on dynamic random
access memory semi-conductors (DRAMS) of one megabyte or above originating from Korea.
Korea contends that the DoC's decision was ma de despite the finding that the Korean DRAM
producers have not dumped their products for a peri od of more than three and a half consecutive
years, and despite the existence of evidence demonstrating conclusively that Korean DRAM
producers will not engage in dumping DRAMS in  the future.  Korea considered that these
measures are in violation of Articles  6 and 11 of the Anti-Dumping Agreement.
At its meeting on 16 January 1998, the DSB established a panel.  The Panel found the measures
complained of to be in violation of Article 11.2 of the Anti-Dumping Agreement.  The report ofthe Panel was circulated on 29 January 1999. Korea requested that this matter be referred to the
original panel pursuant to Article 21.5 of the DS U.  Following adoption of the panel report by
the DSB, Korea submitted a request to the effect th at the matter be referred to the original panel
pursuant to Article 21.5 of the DSU.  At its meeting on 25 April 2000, the DSB agreed to
reconvene the original panel pursuant to Article  21.5 of the DSU.  The EC reserved its reserved
its third-party rights. 19 September 2000, Korea has requested the Panel to suspend its work,
including the issuance of the interim report, "until further notification" pursuant toArticle 12.12 of the DSU.  The Panel, in a letter sent to the parties on 21 September 2000, has
agreed to this request. At its meeting on 19 March 1999, the DSB adopted the Panel Report. On
20 October 2000, the parties notified the DSB of a mutually satisfactory solution to the
matter, involving the revocation of the antidumping order at issue as the result of a five-year
"sunset" review by the US Department of Commerce.
26. WT/DS102 – Philippines - Measures  Affecting Pork and Poultry
Complaint by the United States.  This request, dated 7 October 1997, is in respect of the same
measures complained of by the US in DS74, but also includes Administrative Order No. 8,WT/DS/OV/1
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Series of 1997, which purports to amend the orig inal measure complained of in DS74.  On 12
March 1998, the parties communicated a mutually agreed solution to their dispute.
27. WT/DS119 – Australia - Anti-dumping Measures  on Imports of Coated Woodfree Paper
Sheets
Complaint by Switzerland.  This request, dated 20 February 1998, is in respect of the
provisional anti-dumping measures applied on the imports of coated woodfree paper sheets
from Switzerland.  Switzerland contends that th e investigation is not in conformity with
Australia's commitments under Articles 3 and 5 of the Anti-Dumping Agreement.  On 13 May
1998, the two parties notified a mutually agreed solution.
28. WT/DS124 – European Communities - Enforcem ent of Intellectual Property Rights for
Motion Pictures and Television Programs
Complaint by the United States.  This request, dated 30 April 1998, is in respect of the lack of
enforcement of intellectual property rights in Gr eece.  The US claims that a significant number
of TV stations in Greece regularly broadcas t copyrighted motion pictures and television
programs without the authorizat ion of copyright owners.  The US contends that effective
remedies against copyright infringement do not a ppear to be provided or enforced in Greece in
respect of these broadcasts.  The US alleges a violation of Articles 41 and 61 of the TRIPS
Agreement. On 20 March 2001, the parties to the dispute notified a mutually satisfactory
solution on the matter to the DSB.
29. WT/DS125 – Greece - Enforcement of Intellect ual Property Rights for Motion Pictures
and Television Programs
Complaint by the United States.  This request, dated 30 April 1998, is in respect of the same
measures raised against the EC above (DS124) . On 20 March 2001, the parties to the dispute
notified a mutually satisfactory solution on the matter to the DSB.
30. WT/DS151 – United States - Measures Af fecting Textiles and Apparel Products
Complaint by the European Communities.  This dispute, dated 19 November 1998, is in
respect of alleged changes to US rules of origin for textiles and apparel products.  The EC
discloses that this issue was the subject of an earlier request for consultations (WT/DS85), in
respect of which a mutually agreed solution was notified to the DSB, pursuant to Article 3.1of the DSU.  However, the EC contends that the US has not implemented its commitments as
contained in that agreement with the result that, in the EC view, the US is still acting in a
manner inconsistent with its obligations under the WTO.  The dispute concerns changes
allegedly introduced by the US to its rules of origin for textiles and apparel products, which
entered into force on 1 July 1996, which changes adversely affect exports of EC textile
products to the US, in that as a result of these changes EC products are allegedly no longer
recognised in the US as being of EC origin.  The EC alleges violations of Articles 2.4, 4.2 and4.4 of the ATC, Article 2 of the Agreement on Rules of Origin, Article III of GATT 1994,
and Article 2 of the TBT Agreement.  In a communication dated 21 July 2000, the parties
notified a mutually agreed solution to this dispute.
31. WT/DS190 – Argentina – Transitional Sa feguard Measures on Certain Imports of
Woven Fabrics of Cotton and Cotton Mixtures Originating in Brazil
Complaint by Brazil.  This request for a panel, dated 11 February 2000, concerns transitional
safeguard measures applied by Argentina, as of  31 July 1999, against certain imports of
woven fabrics of cotton and cotton mixtures originating in Brazil.  The measures at issue wereWT/DS/OV/1
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applied through Resolution MEyOSP 861/99 of the Ministry of the Economy and Public
Works and Services of Argentina.  In accordance with Article 6.11 of the Agreement on
Textiles and Clothing, Brazil had referred the matter to the Textiles Monitoring Body (TMB)
for review and recommendations, after consultations requested earlier by Argentina had failed
to produce a mutually satisfactory solution.  At its meeting of 18-22 October 1999, the TMB
conducted a review of the measures implemented by Argentina, having recommended thatArgentina rescind the safeguard measures applied against imports from Brazil.  On 29
November 1999, in accordance with Article 8.10 of the Agreement on Textiles and Clothing,
Argentina notified the TMB that it considered itself unable to conform with the
recommendations issued by the TMB.  At its meeting of 13-14 December 1999, the TMB
conducted a review of the reasons given by Argentina and recommended that Argentina
reconsider its position.  The TMB's recommendations notwithstanding, the matter remained
unresolved.  Brazil is of the view that the transitional safeguards applied by Argentina areinconsistent with Argentina's obligations under Articles 2.4, 6.1, 6.2, 6.3, 6.4, 6.7, 6.8, 6.11,
8.9 and 8.10 of the Agreement on Textiles and Cl othing and should, therefore, be rescinded
forthwith.
At its meeting on 20 March 2000, the DSB established a panel.  The EC, Pakistan, Paraguay
and the US reserved their third-party rights.  In a communication dated June 2000, the parties
notified a mutually agreed solution to this dis pute.  Pursuant to the agreement reached, Brazil
retains the right to resume the procedures for the composition of the panel from the point where
they stood at the time the agreement was reached.
32. WT/DS198 – Romania – Measures on Minimum Import Prices
Complaint by the United States.  On 30 May 2000, the US requested consultations with
Romania in respect of Romania's use of minimum import prices for customs valuation
purposes.  The measures at issue were the Customs Code of 1997 (L141/1997), the Ministry
of Finance General Customs Directive (Ordinan ce No. 5, 4 August 1998), and other related
statutes and regulations.  The United States asserted that, pursuant to these measures,
Romania has established arbitrary minimum and maximum import prices for such products as
meat, eggs, fruits and vegetables, clothing, footwear, and certain distilled spirits.  The United
States further asserted that Romania has instituted burdensome procedures for investigating
import prices when the c.i.f. value falls below the minimum import price.  The United Statesconsidered that Romania's measures are inconsistent with its obligations under Articles 1
through 7, and 12 of the Customs Valuation Agreement; general notes 1, 2 and 4 of Annex 1
of the Customs Valuation Agreement; Articles II, X, and XI of the GATT 1994; Article 4.2 of
the Agreement on Agriculture; and Articles 2 and 7 of the Agreement on Textiles and
Clothing.
On 26 September 2001, the US and Romania informed the DSB that they had reached a
mutually satisfactory solution pursuant to Article 3.6 of the DSU.
33. WT/DS199 – Brazil – Measures Affecting Patent Protection
Complaint by the United States.  On 30 May 2000, the US requested consultations with Brazil
in respect of those provisions of Brazil's 1996 industrial property law (Law No. 9,279 of 14May 1996; effective May 1997) and other related measures, which establish a "local working"
requirement for the enjoyability of exclusive patent rights.  The US asserts that the "local
working" requirement can only be satisfied by the local production – and not the importation
– of the patented subject-matter.  More specifically, the US noted that Brazil's "local
working" requirement stipulates that a patent sh all be subject to compulsory licensing if the
subject-matter of the patent is not "worked" in the territory of Brazil.  The US further noted
that Brazil explicitly defines "failure to be worked" as "failure to manufacture or incompleteWT/DS/OV/1
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manufacture of the product" or "failure to make full use of the patented process".  The US
considered that such a requirement is inconsistent with Brazil's obligations under Articles 27
and 28 of the TRIPS Agreement, and Article III of the GATT 1994.
At its meeting of 1 February 2001, the DSB established a panel. Cuba, the Dominican
Republic, Honduras, India and Japan reserved their third party rights.  On 5 July 2001, theparties to the dispute notified to the DSB a mutually satisfactory solution on the matter.
B. OTHERS
1. WT/DS1 – Malaysia - Prohibition of Imports of Polyethylene and Polypropylene
Complaint by Singapore.  This, the first disp ute under the WTO's dispute settlement procedures,
was settled on 19 July 1995, with Singapore's withdrawal of the panel request.
2. WT/DS9 – European Communities - Duties on Imports of Cereals
Complaint by Canada.  Canada requested cons ultations with the EC on 10 July 1995 concerning
EC regulations implementing some of the EC 's Uruguay Round concessions on agriculture,
specifically, regulations which impose a duty on wheat imports based on reference prices rather
than transaction values, with the result that th e duty-paid import price for Canadian wheat will
be greater than the effective intervention price increased by 55% whenever the transaction value
is greater than the representative price.  A panel was established at the DSB meeting on
11 October 1995, but no panelists have been selected until now.
3. WT/DS13 – European Communities - Duties on Imports of Grains
Complaint by the United States.  This request for consultations, dated 19 July 1995, has
potentially broader product coverage than the case brought by Canada (WT/DS9, item 7(5)(a)
below) but otherwise concerns much the same  issues.  On 28 September 1995, the US requested
the establishment of a panel to be considered at the meeting of the DSB on 11 October 1995,
but the EC objected to it. The US again requested the establishment of a panel to be consideredat the meeting of the DSB on 3 December 1996, but later dropped the request at the meeting. On
13 February 1997 the US made a renewed request for the establishment of a panel.  At the DSB
meeting on 20 March 1997, the US withdrew its request  for a panel in this matter.  On 26 March
1997, the US made a fresh request for the establishment of a panel.  On 30 April 1997, the US
informed the Secretariat that it was withdrawing its request for a panel in view of the fact that
the EC had adopted regulations implemen ting an agreement reached on this matter.
4. WT/DS15 – Japan - Measures Affecting the Purchase of Telecommunications
Equipment
Complaint by the European Communities.  This request for consultations, dated 18 August
1995, claims that a 1994 agreement reached betw een the United States and Japan concerning
telecommunications equipment is inconsistent with GATT Articles I:1, III:4 and XVII:1(c), andnullifies or impairs benefits accruing to the EC.  The United States has joined in the
consultations.  Although there has been no offici al notification, the case appears to have been
settled bilaterally.
5. WT/DS17 – European Communities - Duties on Imports of Rice
Complaint by Thailand.  This request for consultations, dated 3 October 1995, covers more or
less the same grounds as Canadian (WT/DS9) a nd the US (WT/DS13) complaints over the EC
duties on grains  ((5)(a) and 5(3) above).  In addition, Thailand seems to have alleged that theWT/DS/OV/1
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EC has violated the most-favoured-nation requirement under GATT Article I in their
preferential treatment of basmati  rice from India and Pakistan.  See also the Uruguayan
complaint (WT/DS25).
6. WT/DS23 – Venezuela - Anti-Dumping Investig ation in Respect of Imports of Certain
Oil Country Tubular Goods (OCTG)
Complaint by Mexico dated 5 December 1995.  By a letter dated 6 May 1997, Mexico informed
the Secretariat that Venezuela had terminated the anti-dumping investigation in this matter.
7. WT/DS25 – European Communities - Im plementation of the Uruguay Round
Commitments Concerning Rice
Complaint by Uruguay.  This request for consultations, dated 18 December 1995, seems similar
to the claim by Thailand (WT/DS17).
8. WT/DS32 – United States - Measures Affecting Imports of Women's and Girls' Wool
Coats
Complaint by India.  In a communication dated 14 March 1996, India requested the
establishment of a panel, claiming that the transitional safeguard measures on these textileproducts by the United States were inconsistent  with ATC Articles 2, 6 and 8.  A panel was
established in the DSB meeting on 17 April 1996.  However, on 25 April 1996, India requested
"termination of further action in pursuance of  the decision taken by the DSB on 17 April 1996
to establish a panel" in light of the US removal of the safeguard measures on these products,
which came into effect from 24 April 1996.
9. WT/DS38 – United States - The Cuban Liberty and Democratic Solidarity Act
Complaint by the European Communities. On 3 May 1996 the European Communities
requested consultations with the United States  concerning the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 and other legislation enacted by the US Congress
regarding trade sanctions against Cuba.  The EC claims that US trade restrictions on goods of
Cuban origin, as well as the possible refusal of visas and the exclusion of non-US nationals
from US territory, are inconsistent with the US obligations under the WTO Agreement.
Violations of GATT Articles I, III, V, XI and XIII, and GATS Articles I, III, VI, XVI and XVII
are alleged. The EC also alleges that even if these measures by the US may not be in violationof specific provisions of GATT or GATS, they nevertheless nullify or impair its expected
benefits under GATT 1994 and GATS and impede th e attainment of the objectives of GATT
1994. The European Communities requested the establishment of a panel on 3 October 1996.
The DSB established a panel at its meeting on 20 November 1996.  At the request of the EC,
dated 21 April 1997, the Panel suspended its work.  The Panel's authority lapsed on 22 April
1998, pursuant to Article 12.12 of the DSU.
10. WT/DS39 – United States - Tariff Inc reases on Products from the European
Communities
Complaint by the European Communities.  In its request for consultations, dated 17 April 1996,
the EC claimed that the measures taken unde r the Presidential Proclamation No. 5759 of 24
December 1987 (retaliation against the "hormones" directive), which resulted in tariff increaseson products from the European Communities, are in consistent with GATT Articles I, II and
XXIII, as well as DSU Articles 3, 22 and 23.  On 19 June 1996, the EC requested the
establishment of a panel.  In its request, the EC further claimed that the United States apparently
failed to "ensure the conformity of its laws, regulations and administrative procedures with itsWT/DS/OV/1
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obligations" under the WTO, with  respect to the application of Section 301 of the 1974 Trade
Act in this case (WTO Agreem ent Article XVI:4).  The United States withdrew the measure on
15 July 1996, and the EC decided not to pursue its panel request, reserving its rights to
reconvene, if necessary, a further meeting of the DSB at an early date.
11. WT/DS49 – United States - Anti-Dumping In vestigation Regarding Imports of Fresh or
Chilled Tomatoes from Mexico
Complaint by Mexico.  On 1 July 1996, Mexico requested consultations with the United States
regarding the anti-dumping investigation on fre sh and chilled tomatoes imported from Mexico
under Article 17.3 of the Anti-dumping Agreement.  Violations of GATT Articles VI and X as
well as Articles 2, 3, 5, 6 and 7.1 of the Anti-dumping Agreement are alleged.  Mexico claims
this to be a case of urgency, where the e xpedited procedures under Articles 4.8 and 4.9 of the
DSU are applicable. US Commerce Department offi cial releases indicate that the case has been
settled.
12. WT/DS57 – Australia - Textiles, Clothing  and Footwear Import Credit Scheme
Complaint by the United States.  This request, dated 7 October 1996, concerns a complaint by
the United States against subsidies being granted and maintained by Australia on leatherproducts under the TCF scheme. A violation of Ar ticle 3 of the SCM Agreement is alleged. The
US is also invoking Article 30 of the SCM Ag reement to the extent that it incorporates by
reference Article XXIII:1 of GATT 1994. An official release from the USTR in Washington on
25 November 1996 indicates that the case has been settled.
13. WT/DS77 – Argentina - Measures Affecting Textiles and Clothing
Complaint by the European Communities.  This request dated 17 April 1997, is in respect of a
range of specific duties on textiles and clothing  which have allegedly resulted in increased
duties and have led to applied tariffs that exceed the 35% binding made by Argentina.  The EC
contends that these measures are a violation of Argentina's commitments under Article II of
GATT 1994, and also of Article 7 of the ATC.  See similar US complaint in DS56 pending
before a panel.  On 10 September 1997, the EC requested the establishment of a panel.  At its
meeting on 16 October 1997, the DSB established a panel.  The US reserved its third-party
rights.  The Panel suspended its work at the request of the EC on 29 July 1998.  Pursuant to
DSU Article 12.12, the panel's authority lapsed on 29 July 1999, 12 months having passed since
the suspension of the panel's work.
14. WT/DS88 – United States - Measure Affecting Government Procurement
Complaint by the European Communities.  This request, dated 20 June 1997, is in respect of an
Act enacted by the Commonwealth of Massachusetts on 25 June 1996, entitled Act regulating
State Contracts with companies doing Business with Burma (Myanmar).  The Act provides, in
essence, that public authorities of the Commonwealth of Massachusetts are not allowed toprocure goods or services from any persons w ho do business with Burma.  The EC contends
that, as Massachusetts is covered under the US schedule to the GPA,  this violates Articles
VIII(B), X and XIII of the GPA Agreement.  The EC also contends that the measure also
nullifies benefits accruing to it under the GPA, as well as impeding the attainment of the
objectives of the GPA, including that of main taining balance of rights and obligations.  On
8 September 1998, the EC requested the establishment of a panel.  At its meeting on
21 October 1998, the DSB established a panel.  Japa n reserved its third-party right.  The DSB
agreed that pursuant to Article 9.1 of the DSU,  a single panel would examine this dispute
together with DS95 below. At the request of  the complainants, dated 10 February 1999, the
Panel agreed, pursuant to Article 12.12 of the DSU, to suspend the panel proceedings (whichWT/DS/OV/1
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also applies to DS95 below).  Since the panel wa s not requested to resume its work, pursuant to
Article 12.12 of the DSU, the authority for establ ishment of the panel lapsed as of 11 February
2000 (which also applies to DS95 below).
15. WT/DS89 – United States - Anti-Dumping Duties on Imports of Colour Television
Receivers from Korea
Complaint by Korea.  This request, dated 10 July 1997, is in respect of the imposition of anti-
dumping duties by the US on imports of colour television receivers (CTVs) from Korea.  Korea
contends that the US has for the past twelve  years maintained an anti-dumping order for
Samsung's CTVs despite the absence of dumping and the cessation of exports from Korea,
without examining the necessity of continuing to  impose such duties.  Korea contends that the
US actions violate Articles VI.1 and VI .6(a) of GATT 1994, and Articles 1, 2, 3.1, 3.2, 3.6, 4.1,
5.4, 5.8, 5.10, 11.1 and 11.2 of the Anti-Dumping Agreement.  On 6 November 1997, Korearequested the establishment of a panel.  On 5 January 1998, Korea informed the DSB that it was
withdrawing its request for a pane l but reserving its right to reintroduce the request.  At the DSB
meeting on 22 September 1998, Korea announced th at it was definitively withdrawing the
request for a panel because the imposition of anti-dumping duties had now been revoked.
16. WT/DS95 – United States - Measure Affecting Government Procurement
Complaint by Japan.  This request, dated 18 July 1997, is in respect of the same issued raised by
the EC in DS88 above. On 8 September 1998, Japan requested the establishment of a panel.  At
its meeting on 21 October 1998, the DSB established a panel.  The DSB agreed that pursuant to
Article 9.1 of the DSU, a single panel would ex amine this dispute together with DS88 above.
17. WT/DS101 – Mexico - Anti-Dum ping Investigation of High-Fructose Corn Syrup
(HFCS) from the United States
Complaint by the United States.  On 4 September 1997, the US requested consultations with
Mexico in respect of an anti-dumping investig ation of high-fructose corn syrup (HFCS) from
the United States conducted by Mexico, resulting in a preliminary determination of dumping
and injury, and the consequent imposition of provisional measures on imports of HCFS from
the United States.  The US alleged violati ons of Articles 5.5, 6.1.3, 6.2, 6.4 and 6.5 of the Anti-
Dumping Agreement.
On 8 May 1998, the US requested consultations in respect of the same anti-dumping
investigation which had resulted in the imposition of definitive anti-dumping measures on these
imports from the United States.  See WT/DS132 and WT/DS132/RW.
18. WT/DS106 – Australia - Subsidies Provided to Producers and Exporters of Automotive
Leather
Complaint by the United States.  This reque st, dated 10 November 1997, is in respect of
Australia's alleged prohibited subsidies provided to its producers and exporters of automotive
leather.  The US contends that these measures by Australia violate Article 3 of the Subsidies
Agreement.  On 9 January 1998, the United States re quested the establishment of a panel.  At its
meeting on 22 January 1998, the DSB established a panel in accordance with the accelerated
procedure under the Subsidies Agreement.  On 11 June 1998, the US withdrew its request for a
panel. See also WT/DS126.WT/DS/OV/1
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19. WT/DS181 – Colombia – Safeguard Measure on Imports of Plain Polyester Filaments
from Thailand
Complaint by Thailand.  This request for a panel, dated 7 September 1999 concerns a
unilateral restraint allegedly imposed by Colombia against imports of plain polyester
filaments from Thailand.  Colombia's safeguard measure is alleged to be inconsistent with
Article 2 of the Agreement on Textiles and Clothing (ATC) regarding the application of atransitional safeguard mechanism and with Article 2 of the ATC regarding the introduction
and application of restrictions by Members.  The safeguard measures imposed by Colombia
on 26 October 1998 have been subject to the two-stage examination and review procedures by
the Textiles Monitoring Body (TMB).  The TMB recommended at its fiftieth meeting held on
16-19 November 1998 that Colombia rescind the measure.  On 22 December 1998, Colombia
notified the TMB of its inability to conform with this TMB recommendation and provided the
TMB with reasons therefor.  At its fifty-second meeting on 18-20 January 1999, the TMBreviewed the matter and repeated its recommendation to Colombia to rescind the safeguard
measure forthwith.  At the DSB meeting on 27 October 1999, Thailand announced that it was
withdrawing its request for a panel because the Colombian safeguard measure had been
terminated.
20. WT/DS193 - Chile – Measures Affecting th e Transit and Importation of Swordfish
Complaint by the European Communities.  On 19 April 2000, the EC requested consultations
with Chile regarding the prohibition on unloadi ng of swordfish in Chilean ports established
on the basis of Article 165 of the Chilean Fishery Law (Ley General de Pesca y Acuicultura),
as consolidated by the Supreme Decree 430 of 28 September 1991, and extended by Decree598 of 15 October 1999.
The EC asserted that its fishing vessels operating in the South East Pacific are not allowed
under Chilean legislation to unload their swordf ish in Chilean ports either to land them for
warehousing or to transship them onto other vessels.  The EC considered that, as a result,Chile makes transit through its ports impossible for swordfish.  The EC claimed that the
above-mentioned measures are inconsistent with the GATT 1994, and in particular Articles V
and XI thereof.
At its meeting of 12 December 2000, the DSB established a panel further to the request of the
EC.  Australia, Canada, Ecuador, India, Ne w Zealand, Norway, Iceland and the US reserved
their third-party rights.  On 23 March 2001, the parties to the dispute informed the Director-
General of the WTO that they agreed to suspend the process for the constitution of the panel.
21. WT/DS227 – Peru – Taxes on Cigarettes
Complaint by Chile.  On 1 March 2001, Chile requested consultations with Peru concerning
the Peruvian Supreme Decree No. 158-99-EF of 25 September 1999 modifying appendices III
and IV of the General Sales Tax and Selective Consumption Tax Law, which identify the
goods subject to the selective consumption tax. Article 1B of the said Supreme Decree
amends the tax applied to cigarettes made of dark tobacco, standard cigarettes made of bright
tobacco and premium cigarettes made of bright tobacco, setting a different specific tax for
each one of these categories of cigarettes ranging from S/0.025 to S/0.100 per unit.
According to Chile, the difference in the amount  of the tax appears to be contingent only on
the number of countries in which the different commercial brands of cigarettes are marketed –
more than three or less than three – a criterion which is a source of concern for Chile, since it
could signify discrimination against imported cigarettes, from Chile for example, which,
being marketed in more than three countries, are subject to a higher tax than local brandWT/DS/OV/1
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cigarettes.  In Chile's view, this situation, wh ich is damaging to Chilean cigarette exports to
Peru, could constitute a violation of the GATT 1994 – in particular, but not necessarily
exclusively, of Article III.2 of the GATT 1994 – and of a repeated Appellate Body
jurisprudence in this area.
At its meeting of 24 June 2001, the DSB establishe d a Panel further to Chile's request.  None of
the Members reserved their  third-party rights.
On 12 July 2001, Chile announced its intention to  withdraw the compla int on the grounds that
the contested measure, i.e. the specific selective consumption tax system applied to cigarettes
by Peru, had been amended on 30 June 2001 with the publication of Supreme Decree No.
128-2001 of the Ministry of the Economy and Finance of Peru, which entered into force on 1
July 2001.  As from that date, cigarettes are subject to the Peruvian common selectiveconsumption tax system at a rate of 100 per cent, regardless of their origin, price, type or
quality of tobacco and/or the number of sales markets.  This amendment in the tax regime
applicable to cigarettes was the result of a ruling of the Constitutional Court of Peru on 19
June 2001.
VIII.  SUMMARY
Case titles in bold indicate those cases where the panel and appellate review process has been
completed;
Case titles in italics  indicate those cases where settlement has been notified or is apparent;
Active panels are underlined.
Complaints by developed country Members(151 requests)
Respondent – developed
US, automobiles  (DS6)   Japan, alcoholic beverages    (DS8, DS10, DS11) Japan, telecom  (DS15)
Australia, salmon  (DS18)  Australia, salmon  (DS21)  EC, hormones  (DS26, DS48)  Japan, sound
recordings   (DS28, DS42)  Canada, periodicals  (DS31)  Portugal, patent  (DS37)  US, Cuba (Helms
Burton) Act   (DS38)   US, hormones retaliation   (DS39)  Japan, film  (DS44)  Japan, distribution
(DS45)  Australia, leather  (DS57)  EC, UK, Ireland, computers  (DS62, DS67, DS68)  US, urea
(DS63)  Japan, pork (DS66) EC, butter  (DS72)  Japan, procurement (DS73)   Japan, agricultural
products  (DS76)  Belgium, telephone directories (DS80)   Ireland, copyright (grant of rights) (DS82)
Denmark, intellectual property (enforcement)  (DS83)  US, tex tiles (DS85)   Sweden, intellectual
property (enforcement)  (DS86)  US, government procurement  (DS88, DS95)  US, poultry (DS100)
Canada, subsidies (milk and cheese)  (DS103)  EC, subsidies (processed cheese) (DS104)
Australia, subsidies (auto leather)  (DS106, DS126)  US, foreign sales corporations (tax
treatment)  (DS108)  Canada, dairy exports  (DS113)  Canada, patent protection
(pharmaceuticals)  (DS114) Canada, film distribution (DS117)  US, harbour tax (DS118)  Australia,
anti-dumping measures (paper sheets)  (DS119)  EC, Greece, intellectual property (DS124, DS125)
Belgium, France, Greece, Ireland, Netherlands, subsidies (income tax measures) (DS127, DS128,
DS129, DS130, DS131)  Slovak Repub lic, dairy products (DS133)  EC asbestos  (DS135)  US, Anti-
Dumping Act 1916  (DS136)  EC, wood conifers (DS137)  US, countervailing duties (lead & steel)
(DS138)  Canada, auto industry  (DS139, DS142)  Slovak Republic , import duty (wheat) (DS143)
US, cattle & swine (DS144)  Japan, tariff quotas (leather) (DS147)  Czech Republic, import duty(wheat) (DS148)  US, textiles  (DS151)  US, sections 301-310  (DS152) EC patent protection
(pharmaceuticals) (DS153) EC Bananas II (DS158) US, copyrights  (DS160)  US, Anti-Dumping
Act 1916 (II)  (DS162)  US, import measures (bananas retaliation)  (DS165)  US, Wheat Gluten
(DS166)  US, countervailing duty (Cattle) (DS167)  Canada, patent protection  (DS170)  EC &
France, subsidies (FMS for Airbus) (DS172, 173)  EC, trademark protecti on (DS174)  US, OmnibusWT/DS/OV/1
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Act (Cuban rum trademarks) (DS176)  US, Lamb (NZ) (DS177)  US , Lamb (Australia) (DS178)
US, anti-dumping (steel) (DS184)   US, Section 337 (DS186)  US, countervailing duties (export
restraints) (DS194)   US, Section 306 (retaliation) (DS200)   Belgium, Customs Duties for Rice
(DS210) US, Countervailing Meas ures (DS212) US, Carbon Steel  (DS213) US, Wire Rod and Line
Pipe (DS214) US, Section 129(c)(1)  (DS221) EC, Corn Gluten F eed (DS223) US, Seamless Pipe
(DS225) US, Softwood Lumber (DS236)
Respondents – developing
Korea, inspection of agricultural products (DS3, DS41)  Korea, shelf-life  (DS5)  Korea, bottled water
(DS20)  Pakistan, patent  (DS36)  Korea, telecom (DS40)  Turkey, film tax  (DS43)  Brazil, aircraft
(DS46)  India, patent (DS50)   Brazil, automobiles  (D S51,  DS52, DS65, 81)  Mexico, customs
valuation    (DS53)  Indonesia, automobiles   (DS54, DS55, DS59, DS64)  Argentina, textiles
(DS56)  Philippines, pork and poultry (DS74, DS102)   Korea, alcoholic beverages  (DS75, DS84)
Argentina, textiles (DS77)  India, patent  (DS79)  Chile, alcoholic beverages  (DS87 )  India –
quantitative restrictions  (DS90)   India, quantitative restrictions (DS91, DS92, DS93, DS94, DS96)
Korea, safeguard measure (dairy)  (DS98)  Mexico, anti-dumping (corn syrup)  (DS101)
Pakistan, hides, skins and leather (DS107)  Chile, alcoholic beverages  (DS109, DS110 only)  Brazil,
import payment terms (DS116)  India, export commodities (DS120) Argentina, safeguard
measures (footwear)  (DS121)  Thailand, anti-dumping duties (metal products)  (DS122)
Mexico, anti-dumping (corn syrup ) (DS132) Argentina, countervailing duties (wheat gluten)
(DS145) India, auto (DS146)  I ndia, import restrictions (DS149)   India, customs duties (DS150)
Argentina, bovine hides  (DS155)  Argentina, anti-dumping (d rill bits)(DS157) Hungary, safeguard
measure (steel) (DS159)  Korea, beef imports  (DS161, DS169)  Korea, Government Procurement
(DS163)  Argentina, import meas ures (footwear), (DS164) Argen tina, patent protection (DS171)
India, motor vehicles (DS175)  Brazil, import licensing (DS183) Argentina, anti-dumping (card-
board and ceramic floor tiles) (DS189)  Chile, swordfish  (DS193)  Philippines, motor vehicles
(DS195)  Argentina, patent protection (DS196)  Brazil, mi nimum import prices (DS197)  Romania,
minimum import prices  (DS198)  Brazil, patent protection  (DS199)  Mexic o, live swine (DS203)
Mexico, telecommunications services (DS204)
Complaints by developing country Members(67 requests)
Respondent – developed
US, gasoline  (DS2, DS4)  Poland, automobiles  (DS19)  US, underwear  (DS24)   US, wool coats
(DS32)  US, wool shirts ( DS33)   US, tomatoes  (DS49)  US, shrimp  (DS58, DS61)  EC, poultry
(DS69)  Canada, aircraft  (DS70, DS71)   US, brooms (DS78)   US, anti-dumping duties (CTVs )
(DS89)  US, countervailing measures (salmon) (DS97)  US, anti-dumping (DRAMS)  (DS99)  EC,
bananas (DS105)  US, tariff rate quota (groundnut s) (DS111), EC, import du ties (rice) (DS134), EC,
anti-dumping investigation (cotton fabrics) (DS140) EC, anti-dumping duties (bed-linen)  (DS141)
EC, special & differential treatm ent (coffee) (DS154) South Africa, anti-dumping (pharmaceuticals)
(DS168) US, anti-dumping measures (steel)  (DS179) US, textiles (c otton yarn) (DS192)  US,
safeguard measures (line pipe ) (DS202)  US, Steel Plate  (DS206)  EC, Solubl e Coffee (DS209) US,
Carbon Steel (DS218) EC, Pipe Fittings (DS219 ) Canada, Export Credits and Loan Guarantees
(DS222) US, Patents Code (DS 224) EC, Sardines (DS231) US, Anti-Dumping Methodology
(DS239)WT/DS/OV/1
Page 121
Respondent – developing
Malaysia, polyethylene and polypropylene  (DS1)  Brazil, coconut (Philippines) (DS22)  Venezuela,
OCTG  (DS23)  Turkey, textiles  (DS29, DS34, DS47)  Brazil, coconut (Sri Lanka) (DS30)
Guatemala, cement  (DS60)  Peru, countervailing duty in vestigation (buses) (DS112) Argentina,
subsidies (footwear) (DS123) Guatemala, cement  (DS156) Colombia, safeguard (polyester)
(DS181)  Ecuador, anti-dumping (c ement) (DS182)  Trinidad and Tobago, pasta (DS185)  Trinidad
and Tobago, anti-dumping (pasta) (DS187)  Nicar agua, imports from Honduras and Colombia (I)
(DS188) Argentina, safeguards (cotton fabrics)  (DS190)  Ecuador, anti- dumping (cement) (DS191)
Nicaragua, imports from Honduras and Colombia (II) (DS201)  Egypt, import prohibition (DS205)
Chile, Price Band System and Safeguard Measures  (DS207)  Turkey, Steel and Iron Pipe Fittings
(DS208) Egypt, Steel Rebar (DS211) Philippines, Polypropylene Resins (DS 215) Mexico, Electric
Transformers (DS216) Chile, Price Band System  and Safeguard Measures (DS220) Chile, Mixed
Edible Oils (DS226) Peru, Cigarettes  (DS227) Brazil, Jute Bags  (DS229) Chile, Sugar (DS230)
Mexico, Matches (DS232) Argentina – Pharmaceu tical Products (DS233) Slovakia, Sugar (DS235)
Turkey, Fresh Fruit (DS237) Argentina – Peaches (DS238)
Complaints by both developed and developing country Members(12 requests
2)
Respondent – developed
EC, scallops  (DS7, DS12, DS14)  EC, grains  (DS9, DS13, DS17, DS25)  EC, bananas  (DS16,
DS27)  Hungary, export subsidies  (DS35) US, 2000 Offset Act (DS217) US, 2000 Offset Act
(DS234) (Canada and Mexico)
Total number of consultation requests: 2393
__________
                                                     
2 This figure includes some requests made by  developed country Members (WT/DS7, WT/DS9
and WT/DS13).  The total number of consultation re quests made by developing country Members is 52.
On the basis of distinct matters, the number is 42.
3 Some requests for the establishment of a panel (WT/DS 32, WT/DS33, WT/DS181,
WT/DS190 and WT/DS192) were not preceded by requests for consultations under the DSU.Nonetheless, they are included in this figure since consultations were in fact held pursuant to the
Agreement on Textiles and Clothing.