GENERAL AGREEMENT C/ June 1994

Transcription

1 RESTRICTED GENERAL AGREEMENT C/ June 1994 ON TARIFFS AND TRE Limited Distribution COUNCIL 21 June 1994 ( ) STATUS OF WORK IN PANELS AND IMPLEMENTATION OF PANEL REPORTS by the Director-General' 1. This report describes all disputes in which an action within the TT system occurred in the last twelve months. It is divided into three sections: A. Consultation/Conciliation Stage This section lists requests for consultations (under Article XXII :1 or XXIII: 1 of the General Agreement, or under the corresponding provisions of the Tokyo Round Agreements) and requests for the initiation of conciliation proceedings (under Tokyo Round Agreements) that have not proceeded to the panel request stage. This section also includes requests for good offices, conciliation or mediation (under the provisions of paragraph D of the April 1989 Decision on dispute settlement procedures (BISD 36S/61)). Cases are presented in reverse chronological order, based on the date of the notification of the request. B. Stage This section lists requests for the establishment of panels and provides information on the panel proceedings up to the adoption of the panel report. This section also includes arbitration proceedings (April 1989 Decision, paragraph E) and working parties established under Article XXIII:2 of the General Agreement. Cases are presented in reverse chronological order, based on the date of request for the panel. C. Implementation Stage This section lists disputes where information on implementation has been provided by a respondent party, an issue of implementation has been raised by other parties, or where action on an issue of implementation has been taken by the TT Council or the Committees under the Tokyo Round Agreements. The cases are presented in reverse chronological order, based first on the date that the implementation action occurred, and second on the date of adoption of the panel. 'Previous reports were circulated as documents C/124, C/136, C/139, C/141, C/148, C/152, C/156, C/160, C/167, C/170, C/172, C/175, C/178, C/180, C/181, C/182, C/183 and C/186.

2 A. DISPUTES AT THE CONLTATION/ CONCILIATION STAGE Consultation request Conciliation request date Description of other action Document reference 1. United States - Imposition of anti-dumping duties on man-made fibre sweaters from Hong Kong Hong Kong 15:3 8-Apr-91 3-May Jul-91 P/54, 60, 119; P/M/33 2. EC - Restrictions on imports of canned tuna and sardines Thailand United States 22:1 21-Feb-94 9-Mar-94 ll-apr Apr-94 DS49/ EC - Prohibition of imports of pelt and manufactured goods of wild animals Canada 22:1 26-Apr-94 DS51/1 4. Argentina - Provisional anti-dumping duties on imports of three-phase electric motors Czech Republic 22:1 8-Apr-94 DS50/1 5. Australia - Import restrictions on salmon Canada United States 22:1 3-Feb-94 ll-mar-94 DS48/ Brazil - Imposition of provisional anti-dumping duties on imports of certain peaches originating in Greece 8-Mar-94 P/ EC - Refund of anti-dumping duty Singapore 14-Feb-94 P/ Mexico - Initiation of countervailing duty investigation on certain steel products from the United States United States 22:1 7-Dec-93 DS46/1

3 m m Consultation request Conciliation request date Description of other action Document reference 9. Canada - Anti-dumping investigation of imports of certain hot-rolled carbon steel plate and high strength low alloy plate, heat treated or not, from, inter alia, Italy and Spain 30-Nov-93 P/ Canada - Anti-dumping duties on certain steel products (cold-rolled steel sheet, flat hot-rolled carbon steel sheet and hot-rolled carbon and alloy steel plate) from various member States of the EC 25-Oct-93 P/UO 11. United States - Anti-dumping measures against imports of cut-to-length carbon steel plate from Finland Finland 22-0ct-93 P/ Subsidies provided with respect to thyristors United States 12:2 23-Apr Oct-93 SCM/168, 177; SCM/M/ United States - Anti-dumping duty determinations concerning certain carbon steel products from several member states of the 9-Jul Oct-93 P/103, 107, 111; P/M/ Countervailing charges on lemons Argentina 22:1 13-Sep-93 C/M/ ; DS45/1 IS. - French regulations concerning the trade description of scallops Canada 22:1 26-Aug-93 C/M/268; DS43/1 TO

4 s* era a oo Consultation request Conciliation request date Description of other action Document reference 16. United States - Final determination on dumping and provisional anti-dumping measures against imports of certain corrosion-resistant carbon steel flat products from Australia Australia 23-Jul-93 P/ United States - Anti-dumping and countervailing actions on steel products Brazil 3:2 10-Feb Jul-93 SCM/161, United States - Anti-dumping and countervailing actions on steel products Brazil 16-Feb Jul-93 P/89, Regulations affecting the sale of imported bovine semen in Italy Canada 23:1 16-Jul-93 DS42/1 20. United States - Definitive affirmative countervailing duty determinations concerning certain carbon steel flat products from several member states of the 3 13-Jul-93 SCM/ United States - Application of Section 781 of the US Tariff Act of 1930, as amended, to brass plate from Canada Canada 21-Jun-93 P/ United States - Provisional anti-dumping measures against imports of certain steel flat products Japan P/100 V.

5 Consultation request Conciliation request date Description of other action Document reference 23. Mexico - Anti-dumping proceedings on imports of electric power transformers from Brazil Brazil 15-Oct Mar-93 P/91; P/M/37, y Q OQ ft 00

6 B. DISPUTES AT THE PANEL STAGE established constituted circulated Adoption Repon adopted Other actions description Document reference 1. United States - Countervailing duties on certain carbon steel flat products from several member states of the 15-Apr Apr-94 SCM/ , 176/Add.l, 182; SCM/182/Corr. 1; SCM/M/ EU - Anti-dumping duties on imports of cotton yarn from Brazil Brazil 8-Apr Apr Jun-94 P/63, 106, 113, 121; P/M/39, United States - Standards for reformulated and conventional gasoline Venezuela ll-mar-94 C/M/268, 271; DS47/ United States - Measures affecting the importation and internal sale of tobacco Argentina Brazil Canada Chile Colombia El Salvador Guatemala Thailand Zimbabwe 7-Dec Jan Feb-94 C/M/ , 270; CM/ ; DS44/1-2, 4, 3, 5-9; DS44/5/Corr.l; DS44/6/Corr.l; DS44/9/Rev.l 5. - Restrictions and charges on imports of apples originating in Chile Chile 2l-Jul-93 joined to other related dispute on apples C/M/ ; DS41/1-2; Spec(93)22 _

7 m esublished constituted circulated Adoption adopted Other actions description Document reference 6. - Restrictions and charges on imports of apples Chile 21-Jul-93 U-Oct Mar-94 includes other related dispute on apples proceedings suspended C/M/266; DS/39/3; DS39/ United States - Imposition of a definitive countervailing duty on imports of certain steel products originating in France, Germany and the United Kingdom 25-May Jun Aug-93 SCM/167, 169, 167/Add.l, Import regime for bananas Colombia Cosu Rica Guatemala Nicaragua Venezuela 30-Apr Jul-93 ll-feb Mar-94 C/M/ , ; DS36/8; DS38/1, 3-7, 9, H, 10, R, United Sûtes - Taxes affecting imported automobiles 12-Mar May Aug-93 C/M/ ; DS31/M Member sûtes' import regimes for bananas Colombia Cosu Rica Guatemala Nicaragua Venezuela 8-Feb Feb Mar Jun Jul Mar May Dec-93 C/M/258, 261, , , 268; DS32/1-6, 9, 7-9. R; SR.48/2

8 2>Q (JO O 00 established constituted circulated Adoption adopted Other actions description Document reference 11. Brazil - Countervailing duty proceeding concerning imports of milk powder from the European Economic Community 23-Dec Jan Mar Jan Apr Apr-94 SCM/149, 151, , 179; SCM/179/Corr. 1; SCM/M/61-62, Australia - Imposition of countervailing duties on imports of glace cherries from France and Italy in application of the Australian Customs Amendment Act Nov Nov Jan Oct Oct Oct Oct-93 Withdrawal of complaint SCM/147, 150, 152, 158, 178; SCM/M/ Ami-dumping proceedings in the European Community on audio tapes and cassettes originating in Japan Japan 13-Oct Oct Oct-93 P/79, 85, 85/Add.l, 94, 108; P/M/ Canada - Anti-dumping duties on imports of beer from the United Sûtes United States 9-Jun Jul Sep May-94 proceedings suspended at parties' request P/73, 80, 83; P/M/36, 38 IS. United States - Restrictions on imports of tuna Netherlands 5-Jun Jul Aug Jun Nov Nov Mar Mar-93 Proceedings suspended Request for consultations Proceedings resumed Request for consultations C/M/ ; DS29/1-5, 7; DS33/1 16. United States - Anti-dumping duties on imports of stainless steel plate from Sweden Sweden 15-Apr Apr Sep Feb Apr-94 P/56, 67, 77, 84, 117; P/U7/Corr. 1; P/M/32, 35, 37

9 esublished constituted circulated Adoption adopted Other actions description Document reference 17. United Sûtes - Measures affecting the export of pure and alloy magnesium from Canada Canada 20-Dec Jan Feb Aug-93 9-Jul-92 7-Jul-93 Proceedings suspended Withdrawal of complaint SCM/130, 135, 143, 174; SCM/M/56-57, United Sûtes - Measures affecting the export of softwood lumber from Canada Canada 2-Dec Dec Feb Feb Apr-93 SCM/128, 131, 133, 141, 139, 141, 144, 163, 162; SCM/M/56, 65, 67; SCM/W/ United Sûtes - Anti-dumping duties in the United Sûtes on gray portland cement clinker imported from Mexico Mexico 4-Oct Oct Jan Sep Oct Apr Apr Oct-94 P/51, 59, 66,71, 82; P/M/33, 35, 39, 41; P/W/ United Sûtes - Anti-dumping duties on imports of fresh and chilled Atlantic salmon Norway 24-Sep Oct-91 Oô-Nov Nov Apr Apr-94 P/58, 57, 61, 65, 65/Add.l, 69, 87; P/M/33, 35, 41, United Sûtes - Countervailing measures against imports of fresh and chilled atlantic salmon Norway 22-Aug Sep-91 Oô-Nov Dec Apr Apr-94 SCM/ , 123, 123/Add.l, 129, 153; SCM/M/52-53, United Sûtes - Procurement of a sonar mapping system by the United Sûtes National Science Foundation GP 12-Jul Jul Sep Apr May Jun-92 6-Oct Mar Jan-94 GPR/61; GPR/DS1/R; GPR/M/41, 46-49, 51; GPR/W/107 rt 00 VO 00

10 2>Q M a oo established constituted circulated Adoption adopted Other actions description Document reference Exchange rate guarantee scheme for German aircraft industry United States 14-Feb Mar Apr Mar Apr Oct-92 SCM/92, 97, 100, 108, 110, , 142; SCM/M/45, 49-50, 59, 61-62, United States - Anti-dumping duties on stainless seamless pipes and tubes from Sweden Sweden 25-Oct Jan Apr Aug Sep Oct Nov Apr Oct-9l 27-Apr Oct Apr ct Apr-94 P/38, 40, 43, 47; P/M/23-25, 29, 31, 30, 32, 35, 37, Canada - Countervailing duty on boneless manufacturing beef 17-Oct Oct Jun Oct Oct-87 9-Dec Feb May Jul Oct Apr Oct Apr Oct Oct Apr Oct Apr-93 SCM/75, 77, 85; SCM/M/32, 34-39, 42-44, 46, 48, 54, 59, , 67; SCM/M/Spec/1 2 is_4

11 m established constituted circulated Adoption adopted Other actions description Document reference Subsidies on exports of pasta products United States 7-Apr Apr Jun May Apr Oct-86 3-Jun Oct Apr Oct Apr Oct Oct Apr Oct Apr-93 SCM/43; SCM/M/18, 31-33, 42-44, 46, 48, 54, 59, 62, 65, 67; SCM/M/Spec/5; SCM/Spec/8, 10-11, 16, 20; SCM/W/ Subsidies on export of wheat flour United States 14-Dec Dec Jan Mar Apr Oct-86 3-Jun Oct Apr Oct Apr Oct Oct Apr Oct-92 SCM/10, 42, SCM/M/9-10, 14, 17-18, 31-33, 42-44, 46, 48, 54, , 67; SCM/Spec/6, 20 3> n OQ ~

12 C/188 Page 12 C. DISPUTES AT THE IMPLEMENTATION STAGE 1. United States - Measures affecting alcoholic and malt beverages (Complaint by Canada under the General Agreement) 16-Mar Jun-92 3-Dec Feb Mar Mar-93 4-May May Jul Jul Jul Sep Oct Dec Dec Feb Feb Mar-94 9-May May-94 report circulated. report adopted. Issue raised by Canada. Issue raised by Canada. Issue raised by Canada. Issue raised by Brazil, Canada. Issue raised by Canada. Canada. Implementation issue raised by Canada. Implementation issue raised by Canada. Implementation issue raised by Australia, Canada. Information provided by respondent. Implementation issue raised by Australia, Canada. Implementation issue raised by Australia, Canada. Information provided by respondent. DS23/R C/M/257 SR.48/2 DS23/6 DS23/8 C/M/262 DS23/8 C/M/263 C/M/264 DS23/10 C/M/265 C/M/265 DS23/11 C/M/266 DS23/12 C/M/267 DS23/13 C/M/268 DS23/14 C/M/270 C/M/271 DS23/15 C/M/ Canada - Import, distribution and sale of certain alcoholic drinks by provincial marketing agencies (Complaint by United States under the General Agreement) 16-Oct Feb-92 6-Apr-92 4-Jun Jun-92 report circulated. report adopted. Issue raised by United States. Issue raised by Australia, Chile,, New Zealand, United States. Information provided by respondent. DS17/R C/M/254 DS17/5 DS17/6 C/M/257

13 14-Jul Jul Aug Sep Sep Oct-92 3-Dec Sep-93 Request by United States for permission to withdraw concessions. Issue raised by United States. Issue raised by United States. Issue raised by Argentina, Australia, Brazil,, Japan, United States. Session discussion. Notification of Memorandum of Understanding. Communication of text of Memorandum of Understanding. C/M/258 DS17/7 DS17/8 C/M/259 C/M/259 DS17/9 SR.47/1 C/M/266 DS17/10 I 3. United States - Denial of most-favoured-nation treatment as to non-rubber footwear from Brazil (Complaint by Brazil under the General Agreement) 10-Jan Jun M Sep-92 3-Dec Jan-93 9-Feb Mar May Jul Dec Feb Mar May-94 report circulated. report adopted. Issue raised by Brazil. Issue raised by Brazil. Issue raised by Brazil. Issue raised by Brazil. Issue raised by Brazil, Argentina, Chile, Mexico. Issue raised by Brazil, Canada, Chile. Issue raised by Brazil. Issue raised by Brazil. Issue raised by Brazil. Implementation issue raised. Implementation issue raised by Brazil. Implementation issue raised by Brazil. Implementation issue raised by Brazil. Implementation issue raised by Brazil. DS18/R C/M/257 C/M/258 C/M/259 SR.48/2 DS18/4 C/M/261 C/M/262 C/M/263 C/M/264 C/M/265 C/M/266 C/M/267 C/M/268 C/M/270 C/M/271 C/M/272

14 4. Republic of Korea - Restrictions on imports of beef - complaint of Australia (Complaint by Australia under the General Agreement) 24-May-89 7-Nov Jan Feb-90 3-Apr May-90 9-M-90 ll-jul Nov Jul-92 4-Nov-92 9-Feb Mar Jul Jul-93 report circulated. report adopted. Issue raised by Australia, Canada, New Zealand, United States. Issue raised by Australia, Canada,, New Zealand, United States. Information provided by respondent. Issue raised by Australia, Canada, New Zealand, United States. Information provided by respondent. Issue raised by Australia, Canada, New Zealand. Issue raised by Canada. L/6504, 36S/202 C/M/237 C/M/238 C/M/239 C/M/240 C/M/241 L/6697 C/M/251 C/M/253 C/M/258 C/M/260 C/M/261 C/M/262 C/M/264 L/7270 C/M/ Republic of Korea - Restrictions on imports of beef - complaint of New Zealand (Complaint by New Zealand under the General Agreement) 24-May-89 7-Nov Jan Feb-90 3-Apr May Jun-90 9-Jul-90 1 l-jul Nov Jul-92 4-Nov-92 report circulated. report adopted. Issue raised by Australia, Canada, New Zealand, United States. Issue raised by Australia, Canada., New Zealand, United States. Information provided by respondent. Canada. New Zealand. United States. Information provided by respondent. Canada. New Zealand. Issue raised by New Zealand. Issue raised by Australia, Canada, New Zealand. Issue raised by New Zealand. New Zealand. L/6505, 36S/234 C/M/237 C/M/238 C/M/239 C/M/240 C/M/241 CM/243 L/6697 C/M/251 C/M/253 C/M/258 C/M/260

15 9-Feb Mar Jul Jul-93 Issue raised by New Zealand. Issue raised by New Zealand. Issue raised by New Zealand. C/M/261 C/M/262 C/M/264 L/7270 C/M/ Republic of Korea - Restrictions on imports of beef - complaint of the United States (Complaint by United States under the General Agreement) 24-May-89 7-Nov Jan Feb-90 3-Apr-90 7-Jul-90 ll-jul Nov-91 4-Nov Jul-93 1 report circulated. report adopted. Issue raised by Australia, Canada, New Zealand, United States. Issue raised by Australia, Canada,, New Zealand, United States. Information provided by respondent. Issue raised by Australia, Canada, New Zealand, United States. Issue raised by Australia, Canada, New Zealand. L/6503, 36S/268 C/M/237 C/M/238 C/M/239 C/M/240 L/6697 C/M/251 C/M/253 C/M/260 C/M/264 L/ Payments and subsidies paid to processors and producers of oilseeds and related animal-feed proteins (Complaint by United States under the General Agreement) 14-Dec Jan Apr May-91 ll-jul-91 8-Oct-91 report circulated. report adopted. Issue raised by Australia, Canada, United States. Issue raised by Argentina, Australia, Canada, United States. Information provided by respondent. Issue raised by'australia, Canada, United States. Issue raised by Argentina, Australia, Brazil, Canada, United States. Information provided by respondent. L/6627, 37S/86 L/6636, C/M/238 C/M/249 C/M/250 C/M/251 C/M/252

16 C/188 Page 16 l-nov-91 3-Dec Mar Apr-92 4-Jun Jun-92 Request by United States for panel examination of implementation. reconvened. of reconvened panel circulated. Issue raised by Argentina, Australia, Brazil, Canada, Chile, Colombia, Finland (for Nordics, India, Japan, Noew Zealand, Switzerland, United States, Uruguay. Request by for authority to renegotiate tariff concessions under Article XXVIJI:4. Issue raised by Argentina, Australia, Austria, Brazil, Canada, Colombia, Japan, Philippines, Korea, Chile, Finland (for Nordics), India, Pakistan, Poland, Switzerland, Thailand, United States, Uruguay. L/6933 W.47/22, SR.47/1 DS28/R C/M/256 DS28/2 C/M/ Sep Sep-92 4-Nov-92 5-Nov-92 9-Feb May-93 Request by United States for arbitration. Issue raised by Argentina, Austria, Brazil, Canada, Chile, Hungary, India, Japan, New Zealand, Norway (for Nordics) Pakistan, Philippines (for ASEAN), Poland, Switzerland, United States, Uruguay. Request by United States for withdrawal of concessions. Information provided by respondent. Issue raised by Argentina, Australia, Brazil, Canada, Chile, Egypt, Hungary, Japan, Korea, New Zealand, Norway (for Nordics), Philippines (for ASE Announcement by United States of withdrawal of concessions. Issue raised by Argentina, Brazil, Canada, India, Pakistan, Uruguay. Issue raised by Argentina, Brazil, Canada, Hungary, India, Pakistan, Sweden, Uruguay. Issue raised by Argentina, Canada, Brazil, Uruguay. DS28/3 C/M/259 C/M/260 DS28/4 C/M/261 C/M/262. C/M/263 C/M/264 '1 8. United States - Section 337 of the Tariff Act of 1930 (Complaint by under the General Agreement) 16-Jan-89 7-Nov Mar Apr-91 ll-jui Nov-91 4-Dec Jul Sep-92 3-Dec-92 report circulated. report adopted. Issue raised by, Japan. Issue raised by Australia, Canada,, Hong Kong, Japan. Information provided by respondent. Issue raised by Japan. Issue raised by Japan. Issue raised by. Issue raised by, Japan. Issue raised by, Japan. Issue raised by Japan. L/ S/345 C/M/237. C/M/248 C/M/249 C/M/251 C/M/253 SR.47/2 C/M/258 L/6439/Add.l SR.48/2 C/M/266

17 C/188 Page 17 Japan - Restrictions on imports of certain agricultural products States under the General Agreement) (Complaint by United 18-Nov-87 2-Feb Mar-88 8-Apr-88 4-May Jun-88 8-Jul Sep-88 6-Feb Mar Mar-91 5-Apr Apr May-91 ll-jul-91 8-Oct Nov-91 4-Dec Jul Aug Sep-92 4-Nov-92 9-Feb Mar-93 8-Sep Feb-94 report circulated. report adopted. Issue raised by Argentina, Australia, United States. Issue raised by United States. Issue raised by Australia, Thailand (for ASEAN), United States, Uruguay. Issue raised by Australia, United States. Issue raised by Argentina, Australia, Chile, New Zealand, Thailand, United States. Issue raised by Argentina, Australia, Canada, Chile,, New Zealand, Thailand, United States, Uruguay. Request for consultations by United States. Request for consultations by Australia. Issue raised by Australia, Chile,, New Zealand, United States. Information provided by respondent. Issue raised by Argentina, Australia, Chile,, New Zealand, Thailand, United States, Uruguay. Issue raised by Australia, New Zealand, Thailand, United States, Uruguay. Issue raised by Argentina, Australia, Chile, New Zealand, Thailand, United States, Uruguay. Issue raised by Argentina, Australia, New Zealand, United States, Uruguay. Issue raised by Argentina, Australia, New Zealand. Information provided by respondent. Issue raised by Australia, New Zealand. Request for consultations by New Zealand. Issue raised by Australia, New Zealand. Implementation issue raised by Australia, Argentina, New Zealand. Implementation issue raised by Australia, New Zealand. Information provided by respondent. Implementation issue raised by Australia. Chile. L/6253, 35S/163 C/M/217 C/M/218 C/M/219 C/M/220 C/M/222 L/6370 L/6389 C/M/247 C/M/248 DS25/1 DS25/2 C/M/249 C/M/250 C/M/251 C/M/252 C/M/253 SR.47/2 C/M/258 DS25/3 L/7087 C/M/260 C/M/261 C/M/262 DS25/4 C/M/266 C/M/267 C/M/270

18 C/188 Page Japan - Customs duties, taxes and labelling practices on imported wines and alcoholic beverages (Complaint by under the General Agreement) 13-Oct-87 lo-nov-87 report circulated. report adopted. Issue raised by. Issue raised by, United States. L/6216, 34S/83 C/M/215 C/M/264 C/M/266