WTO Issues Involving the U.S. for January 2010

Requests for Consultations/Panels Involving the U.S.

Philippines taxes on distilled spirits - consultations requested. On January 14, 2010, the U.S. requested WTO dispute settlement consultations with the Philippines regarding "Philippines - Taxes on Distilled Spirits" (DS403). The European Union (EU) later asked to join the consultations. (See ITT's Online Archives or 01/15/10 news, 10011530, for BP summary of USTR announcement of this consultation request.) (Posted 01/29/10)

U.S.-China tire dispute, EU-Philippines spirits dispute - panels established. At the Dispute Settlement Body's (DSB's) January 19, 2010 meeting, panels were established regarding U.S. measures restricting imports of tires from China and the EU's complaint on the Philippines tax regime on spirits to which the U.S. is a third party. (News release, dated 01/19/10, available at http://www.wto.org/english/news_e/news10_e/dsb_19jan10_e.htm)

Ongoing Disputes Involving the U.S.

U.S. "zeroing" in Thailand retail carrier bag dispute - report issued. On January 22, 2010, the WTO dispute panel examining Thailand's complaint on "U.S. - Antidumping measures on polythene retail carrier bags from Thailand" (DS383) issued its report which ruled against the U.S. (See ITT's Online Archives or 01/26/10 news, 10012699 4, for BP summary.) (Posted 01/22/10)

U.S. "zeroing" in Thailand retail carrier bag dispute - agreement circulated. Before the above panel report was issued, the U.S. and Thailand circulated an agreement of understanding. Among other things, the U.S. said it would recalculate its dumping margins and issue a new determination in order to render the AD measures on the retail carrier bags from Thailand consistent with the recommendations and rulings of the DSB. However, the new cash deposit rate or revocation would have prospective effect only. (Posted 01/12/10)

U.S. continued use of "zeroing" in EC dispute - agreement circulated. The U.S. and EC circulated an agreement of understanding regarding "U.S. - Continued Existence and Application of Zeroing Methodology (DS350). Among other things, the U.S. agreed not to assert that the EU is precluded from obtaining DSB authorization to suspend concessions or other obligations on the grounds that the request was made outside the 30-day time-period specified in Article 22.6 of the DSU. This is without prejudice to the U.S. right to have the matter referred to arbitration. (See today's ITT, 10020405, for BP summary of the EU requesting WTO approval for 100% duties against the U.S. for AD zeroing.) (Posted 01/06/10)

China's import restrictions on DVDs, music, etc. - reports adopted. At its meeting on January 19, 2010, the DSB adopted the Appellate Body (AB) report on China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (DS363) and the panel report as modified by the AB report. (See ITT's Online Archives or 12/23/09 news, 09122325, for BP summary of the ruling.) (Posted 01/21/10)

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

Trade facilitation negotiating text. The negotiating group on trade facilitation circulated comments and textual suggestions on proposals falling under GATT Articles V, VIII and X as well as special and differential treatment that were submitted by Members after the meeting of the Negotiating Group on Trade Facilitation held November 9-13, 2009. These comments and suggestions have been incorporated in the trade facilitation Draft Consolidated Negotiating Text found in document TN/TF/W/165. (Posted 01/06/10)

Understanding on labeling of textiles, footwear, etc. The co-sponsors of the proposed "Understanding on the Interpretation of the Agreement on Technical Barriers to Trade with respect to the Labeling of Textiles, Closing, Footwear, and Travel Goods" (which includes the U.S.) confirmed that nothing in the proposal requires Members to require the information listed in Paragraph 2 of the proposal (which included country of origin and care instructions) to be included on labels. (Posted 01/28/10)

U.S. automotive products negotiating text. Japan asked the U.S. questions on its proposed negotiating text on automotive products, including the reason for such a proposal. The U.S. replied that automotive products is a sector that would benefit greatly from enhanced transparency, good regulatory practices, and other proposed provisions, given that this sector is one of the most highly regulated sectors around the world and one where there is a substantial amount of global trade. (Posted 01/22/10)

U.S. electronics negotiating text. The U.S. answered questions on its proposed negotiating text on the Electrical Safety and Electromagnetic Compatibility (EMC) of Electronic Goods, including why it is necessary. The U.S. stated that the objective of the proposal is to facilitate trade in electronic goods by helping to ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to international trade in electronic goods. (01/22/10)

Turkey's alcoholic beverage importation process. The U.S. requested additional information from Turkey regarding what requirements must be met to import alcohol and alcoholic beverages. Among other things, the U.S. asked Turkey to confirm whether prior to importing distilled spirits, importers must first obtain a "Control Certificate" from the Ministry of Agriculture and Rural Affairs (MARA). (Posted 01/26/10)

Miscellaneous WTO Issues Involving the U.S.

WTO launches discussion forum for World Trade Report 2010. The WTO has launched a discussion forum in the run-up to publishing its 2010 World Trade Report in July. The theme of this year's report is "Trade in Natural Resources: Challenges in Global Governance". To stimulate debate, the WTO has created a specific web page where individuals can express their views on the challenges of global trade in natural resources and on the role the WTO could play. (Notice, dated 01/28/10, available at http://www.wto.org/english/news_e/news10_e/wtr_28jan10_e.htm)

WTO updates 2010 meeting program. The WTO has updated its official program of meetings for 2010. (Program, updated 01/29/10, available at http://www.wto.org/meets_public/meets_e.pdf)

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.