DISPUTE SETTLEMENT BODY
Annual Report (2015)
The Report was prepared pursuant
to the Procedures for an Annual Overview of WTO Activities and for Reporting
under the WTO (WT/L/105), and sets out the actions taken by the Dispute
Settlement Body (DSB) in the period since its previous Annual Report.[1]
In carrying out its tasks, the
DSB held 17 meetings since the period covered by the previous Report. The
minutes of these meetings, which remain the record of the DSB's work, are
contained in documents WT/DSB/M/353 – WT/DSB/M/369[2]
and should be read in conjunction with this Report.[3]
The following matters are
included in this Report:
Table of
Contents
1 election of chairperson.. 2
2 reappointment of
appellate body members. 2
3 indicative list of
governmental and non-governmental panelists. 2
4 adoption of the 2015
draft Annual report of the dispute settlement body. 2
5 establishment of
Panels and requests for establishment of panels. 3
6 adoption of Appellate
Body/panel reports. 6
7 statements of
intentions in respect of implementation pursuant to Article 21.3 of the
dsu.. 7
8 status reports on
progress in the implementation of the recommendations adopted by the DSB. 8
9 matters raised by
members pursuant to Article 21.6 of the dsu (Surveillance and
implementation). 9
10 Recourse to
Article 22.2 of the DSU (compensation and suspension of concessions) 10
11 Other Matters. 10
12 conclusion.. 11
1.1. At its meeting on 23 February 2015, the DSB elected by
acclamation H.E. Mr. Harald Neple (Norway) as Chairman of the DSB (WT/DSB/M/357).
2.1. Regarding the reappointments of Messrs. Ujal Singh Bhatia and Thomas
R. Graham:
· At the DSB meeting on 22 April 2015 (WT/DSB/M/360), the
Chairman informed delegations that the first four-year terms of office of
Messrs. Ujal Singh Bhatia and Thomas R. Graham would expire on 10 December 2015
and that both of them were eligible for reappointment to a second and final
terms of office, pursuant to Article 17.2 of the DSU. The Chairman said
that he had recently been informed that Messrs. Bhatia and Graham were
interested and willing to serve for a second four-year term. In light of this,
he intended to consult informally with Members on these matters and invited
delegations with views to contact him directly. He said that he would report
back to delegations on the results of his consultations.
· At the DSB meetings on 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365) and 28 September 2015
(WT/DSB/M/368), the Chairman informed delegations that his consultations on the
issue of possible reappointments of two Appellate Body members were ongoing
and, once again, he invited any delegations with views on this matter to
contact him directly.
· At the DSB meeting on 28 October 2015 (WT/DSB/M/369), the
Chairman made a statement regarding the issue of possible reappointments of two
Appellate Body members and said that it was his intention to host a very
informal meeting with these two members of the Appellate Body. He invited any
interested delegation who would wish to participate in that meeting and pose
questions to the Appellate Body members to contact him directly or via the
Secretariat by 6 November 2015 and to indicate the topics that they
would wish to raise. He said that it was his intention to place the issue of
reappointments on the Agenda of the 25 November 2015 DSB meeting for
a decision.
2.2. Currently, the Appellate Body is composed of the following members
(in alphabetical order): Mr. Ujal Singh Bhatia (India), Mr. Seung Wha Chang
(Korea), Mr. Thomas R. Graham (United States), Mr. Ricardo
Ramírez-Hernández (Mexico), Mr. Shree Baboo Chekitan Servansing (Mauritius),
Mr. Peter Van den Bossche (Belgium) and Ms. Yuejiao Zhang (China).
3.1. During the period under review, Members suggested and the DSB approved
a total of five new nominations for inclusion on the Indicative List of
Governmental and Non-Governmental Panelists, in accordance with Article 8.4
of the DSU. These names are contained in documents: WT/DSB/W/536, WT/DSB/W/543
and WT/DSB/W/545. The DSB approved these nominations at its meetings on 17 December 2014
(WT/DSB/M/353), 25 March 2015 (WT/DSB/M/359) and 22 April 2015
(WT/DSB/M/360).
3.2. The DSB approved the following new names for the Indicative List: (i)
Cuba – Mr. Narciso A. Cobo Roura, Ms. Celia M. Labora Rodríguez and Ms. Dánice
Vázquez De Alvaré; (ii) Dominican Republic – Ms. Katrina Naut; and (iii)
Israel – Ms. Rachel Frid De Vries.
4.1. At its meeting on 28 October 2015, the DSB adopted the
draft Annual Report of the DSB for 2015 contained in document WT/DSB/W/554
on the understanding that it would be further updated by the Secretariat in
order to include the actions taken by the DSB at the 28 October 2015 meeting.
The updated Report would be submitted for consideration by the General Council
at its meeting on 30 November/1 December 2015 (WT/DSB/M/369).
5.1. During the period under review, the DSB established 15 Panels in
accordance with Article 6 of the DSU and, two Panels in accordance with
Article 9.1 of the DSU, each to examine a distinct same matter raised in
separate complaints. These actions are described below with reference to each
of the disputes in question:
·
"Brazil – Certain
Measures Concerning Taxation and Charges": The DSB considered, for the
second time, the European Union's panel request at its meeting on 17 December 2014
(WT/DS472/5; WT/DSB/M/353), and agreed to establish a panel in accordance with
the provisions of Article 6 of the DSU, with standard terms of reference. The
European Union and Brazil made statements. The following delegations
reserved third-party rights to participate in the Panel's proceedings: Argentina,
Australia, Canada, China, Colombia, India, Japan, Korea, the Russian Federation,
South Africa, Chinese Taipei, Turkey and the United States.
·
"United States
– Conditional Tax Incentives for Large Civil Aircraft": The DSB considered,
for the first time, the European Union's panel request at its meeting on 23 February 2015
(WT/DS487/2; WT/DSB/M/357). The European Union and the United States
made statements. At that meeting, the DSB agreed to establish a panel in
accordance with the provisions of Article 4.4 of the SCM Agreement and Article 6
of the DSU, with standard terms of reference. The following delegations
reserved third-party rights to participate in the Panel's proceedings: Australia,
Brazil, Canada, China, India, Japan, Korea and the Russian Federation.
·
"Canada – Anti-Dumping
Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate
Customs Territory of Taiwan, Penghu, Kinmen and Matsu": The DSB
considered, for the first time, a panel request by the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), at its
meeting on 23 February 2015 (WT/DS482/2; WT/DSB/M/357). Chinese Taipei
and Canada made statements. The DSB considered this matter, for the second
time, at its meeting on 10 March 2015 and agreed to establish a panel
in accordance with the provisions of Article 6 of the DSU, with standard terms
of reference (WT/DSB/M/358). Chinese Taipei and Canada made statements.
The following delegations reserved third-party rights to participate in the
Panel's proceedings: Brazil, China, the European Union, Korea, Norway, the
United Arab Emirates and the United States.
·
"China – Anti-Dumping
Measures on Imports of Cellulose Pulp from Canada": The DSB considered,
for the first time, Canada's panel request at its meeting on 23 February 2015
(WT/DS483/2; WT/DSB/M/357). Canada and China made statements. The DSB
considered this matter, for the second time, at its meeting on 10 March 2015
and agreed to establish a panel in accordance with the provisions of Article 6
of the DSU, with standard terms of reference (WT/DSB/M/358). Canada and China made
statements. The following delegations reserved third-party rights to
participate in the Panel's proceedings: Brazil, Chile, the European Union,
Japan, Korea, Norway, Singapore and the United States.
·
"European
Union – Countervailing Measures on Certain Polyethylene Terephthalate from
Pakistan": The DSB considered, for the first time, Pakistan's panel
request at its meeting on 23 February 2015 (WT/DS486/2; WT/DSB/M/357).
Pakistan and the European Union made statements. The DSB considered this
matter, for the second time, at its meeting on 25 March 2015 and
agreed to establish a panel in accordance with the provisions of Article 6
of the DSU, with standard terms of reference (WT/DSB/M/359). Pakistan and the European Union
made statements. The following delegations reserved third-party rights to
participate in the Panel's proceedings: China and the United States.
·
"Russia – Tariff
Treatment of Certain Agricultural and Manufacturing Products": The DSB
considered, for the first time, the European Union's panel request at its
meeting on 10 March 2015 (WT/DS485/6; WT/DSB/M/358). The
European Union and the Russian Federation made statements. The DSB
considered this matter, for the second time, at its meeting on 25 March 2015
and agreed to establish a panel in accordance with the provisions of Article 6
of the DSU with standard terms of reference (WT/DSB/M359). The European Union
and the Russian Federation made statements. The following delegations
reserved third-party rights to participate in the Panel's proceedings: Australia,
Brazil, Canada, Chile, China, Colombia, India, Japan, Korea, the Republic of Moldova,
Norway, Singapore, Ukraine and the United States.
·
"United States
– Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea":
The DSB considered, for the first time, Korea's panel request at its meeting on
10 March 2015 (WT/DS488/5; WT/DSB/M/358). Korea and the United States
made statements. The DSB considered this matter, for the second time, at its
meeting on 25 March 2015 and agreed to establish a panel in
accordance with the provisions of Article 6 of the DSU with standard terms
of reference (WT/DSB/M/359). Korea and the United States made statements.
The following delegations reserved third-party rights to participate in the
Panel's proceedings: Canada, China, the European Union, India, Mexico, the Russian Federation
and Turkey.
·
"China –
Measures Related to Demonstration Bases and Common Service Platforms
Programmes": The DSB considered, for the first time, the United States'
panel request at its meeting on 22 April 2015 (WT/DS489/6;
WT/DSB/M/360). The United States, China and the European Union
made statements. At that meeting, the DSB agreed to establish a panel in
accordance with the provisions of Article 4.4 of the SCM Agreement and
Article 6 of the DSU with standard terms of reference. The following
delegations reserved third-party rights to participate in the Panel's
proceedings: Australia, Brazil, Canada, Colombia, the Dominican Republic,
the European Union, India, Japan, Korea, the Russian Federation,
Saudi Arabia, Singapore and Chinese Taipei.
·
"Indonesia –
Importation of Horticultural Products, Animals and Animal Products": The
DSB considered, for the first time, the panel requests by New Zealand
(WT/DS477/9) and by the United States (WT/DS478/9) at its meeting on
22 April 2015 (WT/DSB/M/360). New Zealand, the United States
and Indonesia made statements. The DSB considered these matters, for the second
time, at its meeting on 20 May 2015 and agreed to establish a single
panel pursuant to Article 9.1 of the DSU, with standard terms of
reference, to examine the complaints by New Zealand and the United States
(WT/DSB/M/361). New Zealand, the United States and Indonesia made
statements. The following delegations reserved third-party rights to
participate in the Panel's proceedings: Australia, Argentina, Brazil, Canada,
China, the European Union, India, Japan, Korea, Norway, Paraguay,
Singapore, Chinese Taipei and Thailand.
·
"European Union
and its Member States – Certain Measures Relating to the Energy Sector":
The DSB considered, for the first time, the Russian Federation's panel
request at its meeting on 19 June 2015 (WT/DS476/2; WT/DSB/M/364).
The Russian Federation and the European Union made statements. The
DSB considered this matter, for the second time, at its meeting on 20 July 2015
and agreed to establish a panel in accordance with the provisions of Article 6
of the DSU with standard terms of reference (WT/DSB/M/365). The Russian Federation
and the European Union made statements. The following delegations reserved
third-party rights to participate in the Panel's proceedings: Brazil, China,
Colombia, India, Japan, Korea, Saudi Arabia, Ukraine and the United States.
·
"European Union
– Measures Affecting Tariff Concessions on Certain Poultry Meat Products":
The DSB considered, for the first time, China's panel request at its meeting on
19 June 2015 (WT/DS492/2 and Corr.1; WT/DSB/M/364). China and
the European Union made statements. The DSB considered this matter, for
the second time, at its meeting on 20 July 2015 and agreed to
establish a panel in accordance with the provisions of Article 6 of the
DSU with standard terms of reference (WT/DSB/M/365). China, the European Union
and Brazil made statements. The following delegations reserved third-party
rights to participate in the Panel's proceedings: Argentina, Canada, Brazil,
India, the Russian Federation and the United States.
·
"European Union
– Anti-Dumping Measures on Biodiesel from Indonesia": The DSB considered,
for the first time, Indonesia's panel request at its meeting on 20 July 2015 (WT/DS480/2
and Corr.1; WT/DSB/M/365). Indonesia and the European Union made
statements. The DSB considered this matter, for the second time, at its meeting
on 31 August 2015 and agreed to establish a panel in accordance with
the provisions of Article 6 of the DSU with standard terms of reference
(WT/DSB/M/367). Indonesia and the European Union made statements. The
following delegations reserved third-party rights to participate in the Panel's
proceedings: Argentina, Australia, Brazil, Canada, China, India, Japan, Norway,
the Russian Federation, Singapore, Turkey and the United States.
·
"Indonesia –
Safeguard on Certain Iron or Steel Products": The DSB considered, for the
first time, a panel request by the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu (Chinese Taipei) at the DSB meeting on 31 August 2015
(WT/DS490/2; WT/DSB/M/367). Chinese Taipei and Indonesia made statements.
The DSB considered this matter, for the second time, at its meeting on 28 September 2015
and agreed to establish a panel in accordance with the provisions of Article 6
of the DSU with standard terms of reference (WT/DSB/M/368). Chinese Taipei
and Indonesia made statements. The following delegations reserved third-party
rights to participate in the Panel proceedings: Australia, Chile, China, the
European Union, India, Japan, Korea, the Russian Federation, Ukraine,
the United States and Viet Nam.
·
"United States
– Anti-Dumping and Countervailing Measures on Certain Coated Paper from
Indonesia": The DSB considered, for the first time, Indonesia's panel
request at its meeting on 20 July 2015 (WT/DS491/2; WT/DSB/M/365).
Indonesia and the United States made statements. The DSB considered, for
the first time, a new panel request by Indonesia on the same matter at its
meeting on 31 August 2015 (WT/DS491/3; WT/DSB/M/367). Indonesia and
the United States made statements. The DSB considered this matter, for the
second time, at its meeting on 28 September 2015 and agreed to
establish a panel in accordance with the provisions of Article 6 of the
DSU with standard terms of reference (WT/DSB/M/368). Indonesia and the United States
made statements. The following delegations reserved third-party rights to
participate in the Panel's proceedings: Brazil, Canada, China, the European Union,
India, Korea and Turkey.
·
"Korea –
Import Bans, and Testing and Certification Requirements for Radionuclides":
The DSB considered, for the first time, Japan's panel request at its meeting on
31 August 2015 (WT/DS495/3; WT/DSB/M/367). Japan and Korea made
statements. The DSB considered this matter, for the second time, at its meeting
on 28 September 2015 and agreed to establish a panel in accordance
with the provisions of Article 6 of the DSU with standard terms of
reference (WT/DSB/M/368). Japan and Korea made statements. The following
delegations reserved third-party rights to participate in the Panel's
proceedings: Brazil, Canada, China, Guatemala, India, the European Union, New Zealand,
Norway, the Russian Federation, Chinese Taipei and the United States.
·
"Brazil –
Certain Measures Concerning Taxation and Charges": The DSB considered, for
the first time, Japan's panel request at its meeting on 28 September 2015
(WT/DS497/3; WT/DSB/M/368). Japan, Brazil and the European Union made
statements. At that meeting, the DSB agreed to establish a panel in accordance
with the provisions of Article 6 of the DSU with standard terms of
reference. The following delegations reserved third-party rights to participate
in the Panel's proceedings: Argentina, Australia, Canada, China, Colombia, the
European Union, India, Korea, the Russian Federation, Singapore, Turkey, Ukraine
and the United States.
·
"Indonesia –
Safeguard on Certain Iron or Steel Products": The DSB considered, for the
first time, Viet Nam's panel request at its meeting on
28 September 2015 (WT/DS496/3; WT/DSB/M/368). Viet Nam,
Indonesia and Chinese Taipei made statements. The DSB considered this
matter, for the second time, at its meeting on 28 October 2015
(WT/DSB/M/369) and agreed that the request by Viet Nam for the
establishment of a panel with standard terms of reference is accepted and that,
as provided in Article 9.1 of the DSU in respect of multiple complainants,
the Panel established at the 28 September 2015 DSB meeting to examine
the complaint by the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu contained in WT/DS490/2, with regard to the same matter, will also
examine the complaint by Viet Nam contained in WT/DS496/3. Viet Nam,
Indonesia, Chinese Taipei, the United States and the European Union
made statements. The following delegations reserved third-party rights to
participate in the Panel's proceedings: Australia, Chile, China, the European Union,
India, Japan, Korea, the Russian Federation, Chinese Taipei, Ukraine,
the United States and Viet Nam.
5.2. The following panel request was considered by the DSB for the first
time:
·
"Indonesia –
Measures Concerning the Importation of Chicken Meat and Chicken Products":
The DSB considered, for the first time, Brazil's panel request at its meeting
on 28 October 2015 (WT/DS484/8; WT/DSB/M/369). Brazil and Indonesia
made statements. No further action by the DSB had taken place by the time of
writing this Report.
6.1. During the period covered by this Report, the DSB adopted 15 Panel
Reports contained in 12 documents and 12 Appellate Body Reports
contained in 8 documents:
·
"United States
– Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from
India": The DSB adopted the Appellate Body Report contained in WT/DS436/AB/R
and the Panel Report contained in WT/DS436/R and Add.1, as modified by the
Appellate Body Reports in this dispute at its meeting on 19 December 2014
(WT/DSB/M/354). The following delegations made statements: India, the United States,
China, Canada, Australia and Japan.
·
"United States
– Countervailing Duty Measures on Certain Products from China": The DSB
adopted the Appellate Body Report contained in WT/DS437/AB/R and the
Panel Report contained in WT/DS437/R and Add.1, as modified by the Appellate
Body Report in this dispute at its meeting on 16 January 2015 (WT/DSB/M/355).
The following delegations made statements: China, the United States, Australia,
Canada and India.
·
"Argentina – Measures Affecting the
Importation of Goods": The DSB adopted the Appellate Body Reports
contained in WT/DS438/AB/R – WT/DS444/AB/R – WT/DS445/AB/R and the Panel
Reports contained in WT/DS438/R and Add.1 – WT/DS444/R and Add.1 –
WT/DS445/R and Add.1, as modified and upheld respectively by the Appellate Body
Reports at its meeting on 26 January 2015 (WT/DSB/M/356). The
following delegations made statements: the European Union, the United States,
Japan, Argentina, Chinese Taipei, Brazil, Australia, Canada, Norway and
India.
·
"United States – Anti-Dumping
Measures on Certain Shrimp from Viet Nam": The DSB adopted the
Appellate Body Report contained in WT/DS429/AB/R and the Panel Report contained
in WT/DS429/R and Add.1, as upheld by the Appellate Body Report at its meeting
on 22 April 2015 (WT/DSB/M/360). The following delegations made
statements: Viet Nam, the United States, Korea, Cuba and the
Bolivarian Republic of Venezuela.
·
"United States – Certain Country of
Origin Labelling (COOL) Requirements: Recourse to Article 21.5 of the DSU
by Canada and Mexico": The DSB adopted the Appellate Body Reports
contained in WT/DS384/AB/RW – WT/DS386/AB/RW and the Panel Reports contained in
WT/DS384/RW and Add.1 – WT/DS386/RW and Add.1, as modified by the Appellate
Body Reports at its meeting on 29 May 2015 (WT/DSB/M/362). The
following delegations made statements: Canada, Mexico and the United States.
·
"India – Measures Concerning the
Importation of Certain Agricultural Products": The DSB adopted the
Appellate Body Report contained in WT/DS430/AB/R and the Panel Report contained
in WT/DS430/R and Add.1, as modified by the Appellate Body Report at its
meeting on 19 June 2015 (WT/DSB/M/364). The following delegations
made statements: the United States, India, the European Union,
Norway and Japan.
·
"Ukraine – Definitive Safeguard Measures
on Certain Passenger Cars": The DSB adopted the Panel Report
contained in WT/DS468/R and Add.1 at its meeting on 20 July 2015
(WT/DSB/M/365). The following delegations made statements: Japan, Ukraine and
the European Union.
·
"Peru – Additional Duty on Imports of
Certain Agricultural Products": The DSB adopted the Appellate Body Report
contained in WT/DS457/AB/R and Add.1 and the Panel Report contained WT/DS457/R
and Add.1, as modified by the Appellate Body Report, at its meeting on 31 July 2015
(WT/DSB/M/366). The following delegations made statements: Guatemala, Peru and
the United States.
·
"United States – Measures Affecting
the Importation of Animals, Meat and Other Animal Products from
Argentina": The DSB adopted the Panel Report in WT/DS447/R and Add.1 at
its meeting on 31 August 2015 (WT/DSB/M/367). The following
delegations made statements: Argentina and the United States.
·
"China – Countervailing and Anti-Dumping
Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States:
Recourse to Article 21.5 of the DSU by the United States": the
DSB adopted the Panel Report in WT/DS414/RW and Add.1 at its meeting on 31 August 2015
(WT/DSB/M/367). The following delegations made statements: the United States
and China.
·
"China – Measures Imposing Anti-Dumping
Duties on High-Performance Stainless Steel Seamless Tubes from
Japan"/"China – Measures Imposing Anti-Dumping Duties on
High-Performance Stainless Steel Seamless Tubes from the European Union":
The DSB adopted the Appellate Body Reports contained in WT/DS454/AB/R –
WT/DS460/AB/R and Add.1 and the Panel Reports contained in WT/DS454/R –
WT/DS460/R and Add.1 and Corr.1, as modified by the Appellate Body Reports at
its meeting on 28 October 2015 (WT/DSB/M/369). The following
delegations made statements: Japan, the European Union, China, the United
States, Brazil, India and Korea.
7.1. The DSB took note of Members' statements of intentions with respect
to implementation of the DSB recommendations and rulings in connection with nine
disputes:
·
"United States
– Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from
India": The United States informed the DSB of its intentions in
respect of implementation of the recommendations and rulings of the DSB in this
dispute at the DSB on 16 January 2015 (DS436; WT/DSB/M/355). The
following delegations made statements: the United States and India.
·
"United States
– Countervailing Duty Measures on Certain Products from China": The United States
informed the DSB in writing of its intentions in respect of implementation of
the recommendations and rulings of the DSB in this dispute on 13 February 2015
(WT/DS437/12). The United States further confirmed its intentions in
respect of implementation of the recommendations and rulings of the DSB in this
dispute at the DSB meeting on 23 February 2015 (WT/DSB/M/357). The
following delegations made statements: the United States and China.
·
"Argentina –
Measures Affecting the Importation of Goods": Argentina informed the DSB of
its intentions in respect of implementation of the recommendations and rulings
of the DSB in these disputes at the DSB meeting on 23 February 2015 (DS438
- DS444 – DS445; WT/DSB/M/357). The following delegations made statements:
Argentina, the European Union, the United States and Japan.
·
"United
States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": The United States
informed the DSB of its intentions in respect of implementation of the
recommendations and rulings of the DSB in this dispute at the DSB meeting on 20 May 2015
(DS429; WT/DSB/M/361). The following delegations made statements: the United States,
Viet Nam, China, Cuba and the Bolivarian Republic of Venezuela.
·
"India –
Measures Concerning the Importation of Certain Agricultural Products":
India informed the DSB in writing of its intentions in respect of
implementation of the recommendations and rulings of the DSB in this dispute on
13 July 2015 (WT/DS430/12). India further confirmed its intentions in
respect of implementation of the recommendations and rulings of the DSB in this
dispute at the DSB meeting on 20 July 2015 (WT/DSB/M/365).The
following delegations made statements: India and the United States.
·
"Ukraine –
Definitive Safeguard Measures on Certain Passenger Cars": Ukraine informed
the DSB in writing of its intentions in respect of implementation of the
recommendations and rulings of the DSB in this dispute on 17 August 2015
(WT/DS468/9). Ukraine further confirmed its intentions in respect of
implementation of the recommendations and rulings of the DSB in this dispute at
the DSB meeting on 31 August 2015 (WT/DSB/M/367). The following
delegations made statements: Ukraine and Japan.
·
"Peru –
Additional Duty on Imports of Certain Agricultural Products": Peru
informed the DSB of its intentions in respect of implementation of the
recommendations and rulings of the DSB in this dispute at the DSB meeting on 31 August 2015
(DS457; WT/DSB/M/367). The following delegations made statements: Peru and
Guatemala.
8.1. The DSB received status reports with respect to implementation of
DSB rulings and recommendations during the period considered in this Report
with regard to seven matters as follows:
·
"United States
– Section 211 Omnibus Appropriations Act of 1998": status reports by the United States
(WT/DS176/11/Add.144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154)
submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015
(WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015
(WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015
(WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015
(WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015
(WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of
the year, the following Members made statements on this matter: the United States
(11 times), the European Union (11), Angola (8), Antigua and
Barbuda, on behalf of the OECS (1), Argentina (11), the Bolivarian Republic
of Venezuela (11), Brazil (11), China (11), Cuba (11), Dominica, on behalf of the
OECS (2), the Dominican Republic (5), Ecuador (11), El Salvador (11), India
(11), Jamaica (9), Kenya (1), Mexico (11), Nicaragua (11), Paraguay (3),
Pakistan (1), Peru (7), the Plurinational State of Bolivia (9),the Russian Federation
(11), Trinidad and Tobago (9), Uruguay (9), Viet Nam (11) and Zimbabwe (9).
·
"United States
– Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan": status
reports by the United States (WT/DS184/15/Add.144, 145, 146, 147, 148,
149, 150, 151, 152, 153, 154) submitted at the DSB meetings held on 17 December 2014
(WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M/369). In the course of the year, statements on this matter were made
by the United States (11 times) and Japan (11).
·
"United States
– Section 110(5) of the US Copyright Act": status reports by the United States
(WT/DS160/24/Add.119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129)
submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353),
26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M/369). In the course of the year, statements on this matter were made
by the United States (11 times) and the European Union (11).
·
"European Communities
– Measures Affecting the Approval and Marketing of Biotech Products":
status reports by the European Union (WT/DS291/37/Add.82, 83, 84, 85, 86,
87, 88, 89, 90, 91, 92) submitted at the DSB meetings held on 17 December 2014
(WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M/369). In the course of the year, statements on this matter were made
by the European Union (11 times) and the United States (11).
·
"United States
– Anti-Dumping Measures on Certain Shrimp from Viet Nam": status
reports by the United States (WT/DS404/11/Add.30, 31, 32, 33, 34, 35, 36, 37,
38, 39, 40) submitted at the DSB meetings held on 17 December 2014 (WT/DSB/M/353),
26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M369). In the course of the year, statements on this matter were made
by the United States (11 times), Viet Nam (11), Cuba (11),
Nicaragua (2) and the Bolivarian Republic of Venezuela (11).
·
"European Communities
– Measures Prohibiting the Importation and Marketing of Seal Products":
status reports by the European Union (WT/DS400/16 – WT/DS401/17 and Add.1,
2, 3, 4, 5, 6, 7) submitted at the DSB meetings held on 25 March 2015
(WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015
(WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015
(WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367) 28 September 2015
(WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of
the year, statements on this matter were made by the European Union (8
times), Canada (8) and Norway (8).
·
"United
States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat
Products from India": status report by the United States
(WT/DS436/14) submitted at the DSB meeting held on 28 October 2015
(WT/DSB/M/369). Statements were made by the United States and India.
9.1. The DSB considered at several meetings the implementation of the DSB
recommendations and rulings with respect to four matters:
·
"United States
– Continued Dumping and Subsidy Offset Act of 2000" (DS217; DS234): The European Union
and Japan raised the implementation of the DSB recommendations and rulings in
these disputes at the DSB meetings held on 17 December 2014
(WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M/369). In the course of the year, the following delegations made
statements: the European Union (11 times), Japan (11), Brazil (11),
Canada (11), India (11), China (2) and the United States (11).
·
"China – Certain
Measures Affecting Electronic Payment Services" (DS413): The United States
raised the implementation of the DSB recommendations and rulings in this
dispute at the DSB meetings held on 17 December 2014 (WT/DSB/M/353), 26 January 2015
(WT/DSB/M/356), 23 February 2015 (WT/DSB/M/357), 25 March 2015
(WT/DSB/M/359), 22 April 2015 (WT/DSB/M/360), 20 May 2015
(WT/DSB/M/361), 19 June 2015 (WT/DSB/M/364), 20 July 2015
(WT/DSB/M/365), 31 August 2015 (WT/DSB/M/367), 28 September 2015
(WT/DSB/M/368) and 28 October 2015 (WT/DSB/M/369). In the course of
the year, the following delegations made statements: the United States (11 times)
and China (11).
·
"Thailand –
Customs and Fiscal Measures on Cigarettes from the Philippines" (DS371):
the Philippines raised the implementation of the DSB recommendations and
rulings in this dispute at the DSB meetings held on 17 December 2014
(WT/DSB/M/353), 26 January 2015 (WT/DSB/M/356), 23 February 2015
(WT/DSB/M/357), 25 March 2015 (WT/DSB/M/359), 22 April 2015
(WT/DSB/M/360), 20 May 2015 (WT/DSB/M/361), 19 June 2015
(WT/DSB/M/364), 20 July 2015 (WT/DSB/M/365), 31 August 2015
(WT/DSB/M/367), 28 September 2015 (WT/DSB/M/368) and 28 October 2015
(WT/DSB/M/369). In the course of the year, the following delegations made
statements: the Philippines (11 times) and Thailand (10).
10.1. One matter raised in the DSB had been referred to arbitration under
Article 22.6 of the DSU:
·
"United States
– Certain Country of Origin Labelling (COOL) Requirements": At the DSB
meeting on 17 June 2015, following Canada's request under Article 22.2
of the DSU contained in WT/DS384/35, the matter raised by the United States
in document WT/DS384/36 has been referred to arbitration under Article 22.6
of the DSU (WT/DSB/M/363). The following delegations made statements: Canada,
the United States and the European Union.
·
"United
States – Certain Country of Origin Labelling (COOL) Requirements": At the
DSB meeting on 17 June 2015, following Mexico's request under Article 22.2
of the DSU contained in WT/DS386/35, the delegations of Mexico and the United States
made statements, and the item by Mexico was not included on the Agenda
(WT/DSB/M/363). Following the meeting, the delegation of the United States
circulated a communication in document WT/DS386/36 concerning arbitration under
Article 22.6 of the DSU.
11.1. The DSB also considered a variety of other matters.
11.2. Decisions proposed by the parties to the dispute approving the
extension of the time-period for DSB adoption of Panel Reports by negative
consensus in order to accommodate the workload and scheduling constraints of
the Appellate Body:
·
At the DSB
meeting held on 17 December 2014, pursuant to the joint request by Peru
and Guatemala, the DSB adopted a draft decision, as set out in document WT/DS457/6
pertaining to the dispute: "Peru – Additional Duty on Imports of Certain
Agricultural Products" (WT/DSB/M/353). The representatives of Peru, Guatemala
and the United States made statements.
·
At the DSB
meeting held on 25 March 2015, pursuant to the joint request by Japan
and China, the DSB adopted a draft decision, as set out in document WT/DS454/6
pertaining to the dispute: "China – Measures Imposing Anti-Dumping Duties
on High-Performance Stainless Steel Seamless Tubes (HP-SSST) from Japan" (WT/DSB/M/359).
The representatives of Japan, China and the United States made statements.
·
At the DSB
meeting held on 25 March 2015, pursuant to the joint request by the European Union
and China, the DSB adopted a draft decision, as set out in document WT/DS460/6
pertaining to the dispute: "China – Measures Imposing Anti-Dumping Duties
on High-Performance Stainless Steel Seamless Tubes (HP-SSST) from the European Union"
(WT/DSB/M/359). The representatives of the European Union and China made
statements.
11.3. At the DSB meeting held on 25 March 2015, the Chairman
made a statement regarding a communication from the Appellate Body, set out in
document WT/AB/23, concerning guidelines for WTO Members in connection with the
submission of executive summaries of written submissions in appellate
proceedings (WT/DSB/M/359).
11.4. At the DSB meeting held on 25 March 2015, the Chairman
made a statement regarding the workload before the Appellate Body and the delays
at the panel stage (WT/DSB/M/359).
11.5. At the DSB meeting held on 20 May 2015 (WT/DSB/M/361),
China made a statement regarding its implementation of the DSB recommendations
and rulings in the dispute on: "China – Measures Related to the
Exportation of Rare Earths, Tungsten and Molybdenum" (DS431 - DS432 - DS433).
The representatives of the United States, the European Union and
Japan also made statements on this matter.
11.6. At the DSB meeting held on 20 July 2015 (WT/DSB/M/365),
the European Union made a statement regarding its communication contained
in WT/DS386/38 pertaining to referral to arbitration under Article 22.2 of
the DSU in the dispute: "United States - Certain Country of Origin
Labelling (COOL) Requirements". The representatives of the United States,
Mexico, Canada, Japan, Argentina, Chinese Taipei, Brazil and Norway also
made statements on this matter.
11.7. At the DSB meeting held on 20 July 2015 (WT/DSB/M/365),
Argentina made a statement regarding its agreement with the European Union,
the United States and Japan on a reasonable period of time for
implementation in the disputes on: "Argentina – Measures Affecting the
Importation of Goods" (WT/DS438/22 – WT/DS444/22 – WT/DS445/23).
11.8. At the DSB meeting held on 31 August 2015 (WT/DSB/M/367),
the United States made a statement regarding its implementation of the DSB
recommendations and rulings in the dispute on: "United States –
Countervailing and Anti-Dumping Measures on Certain Products from China" (DS449).
The representative of China also made a statement on this matter.
11.9. At the DSB meeting held on 31 August 2015 (WT/DSB/M/367),
Korea expressed concerns about delays in the dispute settlement process. The
following delegations made statements: the United States, Guatemala,
Chile, China, Australia, the Russian Federation, Mexico, Pakistan,
Japan, Brazil, Canada, India, the European Union, Argentina, Chinese Taipei
and Norway.
11.10. At the DSB meeting held on 28 September 2015
(WT/DSB/M/368), the Chairman of the DSB made a statement regarding the
presentation by the Director-General, to be made at the regular meeting in October 2015,
concerning the current challenges facing the dispute settlement system. Korea
also made a statement on this matter. At the DSB meeting held on 28 October 2015
(WT/DSB/M/369), the Director-General made a presentation regarding dispute
settlement activities. The following delegations made statements: Canada,
China, Japan, Korea, Singapore, the European Union, Norway, Mexico, New
Zealand, Australia, the United States, Chinese Taipei, Brazil, India,
Guatemala, Argentina, Saudi Arabia and the Russian Federation.
11.11. At the DSB meeting held on 28 October 2015 (WT/DSB/M/369),
Ukraine made a statement regarding its implementation of the DSB
recommendations and rulings in the dispute on; "Ukraine – Definitive
Safeguard Measures on Certain Passenger Cars" (DS468). Japan also made a
statement on this matter.
11.12. At the DSB meeting held on 28 October 2015 (WT/DSB/M/369),
Argentina made a statement regarding the implementation by the United States
of the DSB recommendations and rulings in the dispute on: "United States –
Measures Affecting the Importation of Animals, Meat and Other Animal Products
from Argentina" (DS447). The representatives of the United States and
the European Union also made statements on this matter.
12.1. This brief overview demonstrates that during the period from 17 December 2014
through 28 October 2015, the DSB was called upon to consider a
variety of significant matters and took a number of important decisions. As set
out in detail above, the DSB approved a total of five new nominations proposed
for inclusion on the Indicative List of Governmental and Non-Governmental Panelists.
It established 15 Panels in accordance with Article 6 of the DSU and two Panels
in accordance with Article 9.1 of the DSU. It adopted 15 Panel Reports, contained
in 12 documents, and 12 Appellate Body Reports, contained in 8 documents. In
three cases, the DSB approved the extension of the time-period for DSB adoption
of Panel Reports by negative consensus in order to accommodate the workload and
scheduling constraints of the Appellate Body. One matter raised in the DSB had
been referred to arbitration under Article 22.6 of the DSU. As part of its
surveillance function, the DSB considered status reports on implementation with
regard to seven matters.
12.2. This report also underscores that the WTO dispute settlement
mechanism is operating at a very high level of activity. This is positive in
that it demonstrates Members' continuing confidence in the system, but it is
also presenting challenges in coping with the resultant workload.
__________
[2] This report includes activities that took place during meetings of
the DSB from 17 December 2014 through 28 October 2015.
[3] Previous Annual Reports included an overview of the state of play
of WTO disputes. The overview was intended to serve as a ready resource for
delegations to obtain a quick and general overview of the status of disputes in
the system. By 2014, the overview had grown to some 150 pages. Therefore, in
the light of its length and given that all information included in the overview
is easily accessible on the WTO website, the Secretariat no longer intends to
produce the overview.