Saturday, April 28, 2012
At its meeting earlier this week, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) dealt with three matters involving the United States. First, the DSB adopted the panel and Appellate Body reports in US-Measures Affecting the Production and Sale of Clove Cigarettes (DS406). Indonesia welcomed this action, but the U.S. continued to take issue with the Appellate Body's actions.
In a second matter, Antigua and Barbados have requested the WTO Director General (DG) to mediate an ongoing dispute beween them and the U.S. regarding the United States' implemention of an earlier DSB report, US-Measures Affecting the Crossborder Supply of Gambling and Betting Services (DS285). The US stated that it has taken action to amend the schedule of services to the General Agreement on Trade in Services (GATS) to remove gambling and has offered compensation, but Antigua and Barbados have not been satisifed with that offer and overall US compliance with its WTO obligations. The US stated that it is willing to consider using the good offices of the DG to resolve the dispute.
Finally, the US reported on its compliance with another ruling, US-Antidumping and Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil (DS382), involving the use of "zeroing" or setting to zero any negative antidumping margins when calculating an antidumping duty rate. The US reported that the relevant antidumping order has been revoked and it has abandoned its controversial zeroing methodology for future entries. As a result, it will be refunding certain duties to the Brazilian producers. Brazil welcomed these actions, but stated there may still be a problem with the application of the zeroing methodology to past entries of goods. Accordingly, US compliance will continue to be monitored.
More information regarding these matters may be found here.