WTO Issues Involving the U.S. for May 16-31, 2009

Requests for Consultations with the U.S.

Brazil requests additional consultations on U.S. "zeroing". Brazil has requested additional consultations with the U.S. on its use of antidumping "zeroing" regarding Certain Orange Juice from Brazil. In addition to previously raised issues, Brazil is seeking consultations on the original investigation, the corresponding order and cash deposit requirements, and subsequent reviews. (See ITT's Online Archives or 01/12/09 news, 09011225, for BP summary of Brazil's previous request.) (Posted 05/27/09)

Peru asks to join consultations on U.S. COOL. Peru has requested to join the consultations requested by Canada and Mexico on certain U.S. country of origin labeling (COOL) requirements for agricultural products. (See ITT's Online Archives or 05/22/09 news, 09052220, for most recent BP summary of Canada/Mexico's requests for consultations.) (Posted 05/26/09)

Ongoing Disputes Involving the U.S.

U.S. to appeal panel ruling in U.S-Japan "zeroing" dispute. The U.S. has informed WTO members that it will appeal certain aspects of the dispute settlement panel's (DSP's) ruling against the U.S. in "U.S.-Measures Relating to Zeroing and Sunset Reviews" (DS322). (Posted 05/22/09)

Panel report delayed in U.S.-China audiovisual/entertainment products dispute. The chairman of the DSP examining the dispute, "China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (DS363) again delayed the expected date for the DSP's final report, from May 2009 to the second half of June 2009. (Posted 05/29/09)

U.S., Mexico agree to steps for U.S. to implement ruling in "zeroing" dispute. The U.S. and Mexico have agreed to steps that both parties will take as the U.S. implements the rulings and recommendations of the DSB in the dispute, "U.S. Final Anti-Dumping Measures on Stainless Steel from Mexico (DS344) regarding certain U.S. "zeroing" measures. (See ITT's Online Archives or 05/15/08 news, 08051525, for BP summary of the Appellate Body (AB) ruling against the U.S.) (Posted 05/20/09)

Questions to/from WTO Members Involving the U.S.

U.S., others answer questions on proposed Textile/Footwear/Travel Goods Agreement. The U.S., European Communities (EC), Mauritius, and Sri Lanka, who are co-sponsors of a proposed "Understanding on the Interpretation of the Agreement on Technical Barriers to Trade with respect to the Labeling of Textiles, Clothing, Footwear, and Travel Goods," responded to questions from various countries. Among other things, the sponsors state that their proposal is designed to reduce and as appropriate eliminate non-tariff barriers affecting trade in textiles, clothing, footwear and travel goods by encouraging the harmonization of information requirements on labels for such goods and by calling for greater transparency with respect to the development of labeling requirements, including by ensuring that Members and stakeholders are afforded meaningful opportunities to participate in Members' rule-making processes.

U.S., others answer questions on proposed Remanufactured Goods Decision. The U.S., Switzerland, and Japan responded to questions by two countries about the definition of remanufactured goods in their proposal for a "Ministerial Decision on Trade in Remanufactured Goods." The parties responded to a question from Singapore on why the definition of remanufactured goods is different from that in U.S. free trade agreements (FTAs), stating that as their proposal does not address recovered goods, nor can it address rules of origin, the definition of remanufactured goods must be different from that in U.S. FTAs. The parties responded to a question by Korea on the scope of products concerned, stating that they do not plan to identify a more specific or narrower range of remanufactured goods than the proposed definition. (Posted 05/27/09 and 05/19/09)

U.S. answers questions on proposed Electrical Safety Agreement. The U.S. responded to questions by Singapore on its proposed Agreement on Non-tariff Barriers Pertaining to the Electrical Safety and Electromagnetic Compatibility of Electronic Goods. The U.S. explained, among other things, that its proposal was in response to a similar proposal by the EC. (Posted 05/22/09)

U.S. questions China on AD expiry reviews. The U.S. asked China to confirm whether, during the second half of 2008, China initiated expiry reviews on imports of polyvinyl chloride and toluene diisocyanate from the U.S. as the U.S. believes it did. The U.S. continues to be concerned that China is conducting expiry reviews without the required notification. (Posted 05/29/09)

U.S. questions Mexico on apple AD measure. The U.S. asked Mexico why, in its most recent Semi-Annual Report on "Measures in Force," it indicates that the antidumping measure on apples from the U.S. has been in force since 2002, without an expiry review being conducted. The U.S. notes that a previous written communication from Mexico indicated that the measure was terminated in 2006. (Posted 05/20/09)

U.S. questions India on certain AD dates. The U.S. asked India for clarification of the extension dates for Sodium Cyanide and for Flexible Slabstock Polyol, Styrene Butadiene Rubber, and Anilineor Caustic Soda from the U.S., and why the dates of extension appear to be reported for some reviews but not for others. (Posted 05/29/09)

U.S. asks further questions on Ukraine safeguards. The U.S. asked further questions on Ukraine's safeguard measures as it believes they were not fully answered by Ukraine in April. The U.S. again asked Ukraine to explain the basis for deciding whether to apply a safeguard measure on a regional basis, etc. (Posted 05/29/09)

Miscellaneous WTO Issues Involving the U.S.

U.S. gets WTO approval for extension of ATPDEA, CBERA, AGOA preferences. The WTO General Council has approved the U.S. requests for extensions of its preferential trade benefits to member countries of: the Andean Trade Preference Act and Andean Trade Promotion and Drug Eradication Act (ATPA/ATPDEA) until December 31, 2014; the Caribbean Basin Economic Recovery Act of 1983 (CBERA) until December 31, 2014; and the African Growth and Opportunity Act (AGOA) until September 30, 2015. (Posted 05/29/09)

WTO to hold 7th Ministerial level conference. The WTO General Council has agreed to hold its 7th WTO Ministerial Conference from November 30 - December 2, 2009. (The last Ministerial was held in 2005). The theme for discussion will be "The WTO, the Multilateral Trading System and the Current Global Economic Environment". The Ministerial will be different from previous ones as the emphasis will be on transparency and open discussion rather than on small group processes and informal negotiating structures. (Notice, dated 05/26/09, available at http://www.wto.org/english/news_e/news09_e/gc_chair_stat_26may09_e.htm)

Developing countries' LDC waivers extended. On May 12, 2009, the WTO's Council for Trade in Goods approved a ten-year extension to a WTO waiver allowing developing countries to provide preferential tariff treatment to products of least-developed countries (LDCs) without being required to extend the same tariff treatment to other WTO members. (Notice, dated 05/12/09, available at http://www.wto.org/english/news_e/news09_e/good_12may09_e.htm)

Documents not specifically cited above are available on the WTO Web site at http://www.wto.org/index.htm by clicking on Documents, Official Documents, Simple Search, and by typing "United States" and the desired date range in the appropriate fields.