Short Summaries of WTO Issues Involving the U.S. for January 2009
The World Trade Organization frequently posts communications to WTO members on issues that involve the U.S. The following are short summaries of such issues for January 2009:
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Disputes Involving the U.S.
U.S.-China IPR dispute. On January 26, 2009, a WTO dispute settlement panel (DSP) found certain aspects of China's regime for protecting and enforcing intellectual property rights inconsistent with its WTO obligations (DS362). The DSP examined China's: (1) denial of copyright protection for unapproved or prohibited works; (2) release of IPR-infringing goods into commerce; and (3) high threshold of liability in order for certain acts of trademark counterfeiting and copyright piracy to be subject to criminal procedures and penalties. (See ITT's Online Archives or 02/04/09 news, 09020420, for BP summary of the DSP report.)
U.S.-EC information technology dispute. On January 22, 2009, the WTO Director-General appointed members to the DSP that will review the disputes brought by the U.S. (DS375), Japan (DS376), and Taiwan (DS377) on the European Community's (EC's) tariff treatment of cable and satellite boxes for the Internet; flat panel computer monitors; and computers peripherals, such as printers, copiers, faxes and scanners.
U.S.-EC beef hormones dispute. In January 2009, Australia, New Zealand, and Canada all requested to join consultations between the U.S. and EC regarding the rules and procedures governing the settlement of disputes in reference to the long-standing dispute over EC beef hormone restrictions (DS26). (On January 8, 2009, the EC requested consultations on the matter.) (See ITT's Online Archives or 01/20/09 news, 09012005, for BP summary of USTR's modification of EC products and countries subject to retaliatory duties in connection with the dispute.)
EC-Ecuador/U.S. banana dispute. On January 8, 2009, the EC provided a status report on its implementation of the DSB's rulings and recommendations in the dispute over its regime for the importation, sale and distribution of bananas (DS27). According to the EC, it intends to bring itself into compliance by modifying its scheduled tariff commitments on bananas. The EC states it has already been seeking an agreement with Latin American banana supplying countries on the modification of the EC scheduled commitments on bananas since 2004. Despite lack of agreement to date, the EC states it is still willing to explore the possibility of agreeing on the new bound tariff in the context of a broader agreement on bananas.
Requests for Consultations
EC restrictions on poultry. On January 16, 2009, the U.S. requested consultations with the EC regarding its ban on the import and marketing of poultry meat and poultry meat products processed with pathogen reduction treatments (PRTs). (See ITT's Online Archives or 01/26/09 news, 09012630, for BP summary of U.S. request.)
China's "famous brand" programs. In January 2009, nine countries requested to joinconsultations between the U.S. and China on China's "famous brands" programs, including: the EC, Canada, Australia, Turkey, Mexico, Guatemala, Ecuador, Colombia, and New Zealand. (The consultations are to address Chinese grants, loans, and other incentives in which Chinese enterprises designated as a "Famous Export Brand" or "China World Top Brand" are entitled to various government preferences, including possibly financial support tied to exports.) (See ITT's Online Archives or 12/29/08 news, 08122920, for BP summary of U.S. request.)
U.S. Questions to Other Countries
U.S. questions Egypt, Nigeria, Belize on customs valuation. On January 16, 2009, the U.S. posed questions regarding aspects of customs valuation legislation in Egypt, Nigeria, and Belize.
Indonesia's sugar import licensing system. On January 27, 2009, the U.S. reiterated its concern about Indonesia's import licensing system for sugar, stating that Indonesia continues to reject import license applications. The U.S. asked Indonesia to provide responses to questions raised in a previous document and to answer additional questions regarding the information that must be provided in an application for an import license, the criteria is used in analyzing license applications, etc.
Other WTO Issues Involving U.S.
U.S. proposes Appellate Body reforms. On January 14, 2009, the U.S. submitted a proposal to restructure the WTO Appellate Body to attract a broader pool of high-quality candidates and provide AB members more resources to assist Members in resolving trade disputes. The U.S. proposed recognizing AB positions as full-time and providing each AB member with a law clerk and professional development opportunities. (See ITT's Online Archives or 02/05/09 news, 09020540, for BP summary.)
Documents not specifically cited above are available on the WTO Web site available at http://www.wto.org/index.htm by clicking on Documents, Official Documents, Simple Search, and by typing "United States" and the January date range in the appropriate fields.