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WTO Dispute Settlement: One-Page Case Summaries – 1995–2012

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WTO Dispute Settlement: One-Page Case Summaries – 1995–2012 WTO Dispute Settlement: One-Page Case Summaries 1995 – 2012 2013 EDITION What is WTO Dispute One-Page Case Summaries Settlement: One-Page Case Summaries? provides a succinct summary of the key findings of every dispute panel report up to the end of 2012 and, where applicable, the subsequent Appellate Body report. Using this publication Each one-page summary comprises three sections: the core facts; the key findings contained in the reports; and, where relevant, other matters of particular significance. The disputes are presented in chronological order (by DS number). Two indexes at the end of the publication list the disputes by WTO agreement and by WTO member responding to the complaint. Find out more Website: www.wto.org/disputes Contents Foreword 5 Note 6 Abbreviations 6 Disclaimer 6 (DS2) US – Gasoline 7 DS8, 10, 11 Japan – Alcoholic Beverages II 8 DS18 Australia – Salmon 9 Australia – Salmon (Article 21.5 – Canada) 10 DS22 Brazil – Desiccated Coconut 11 DS24 US – Underwear 12 DS26, 48 EC – Hormones 13 DS27 EC – Bananas III 14 EC – Bananas III (Article 21.5 – Ecuador) 15 EC – Bananas III (Article 21.5 – Ecuador II) 16 EC – Bananas (Article 21.5 – US) 16 DS31 Canada – Periodicals 17 DS33 US – Wool Shirts and Blouses 18 DS34 Turkey – Textiles 19 DS44 Japan – Film 20 DS46 Brazil – Aircraft 21 Brazil – Aircraft (Article 21.5 – Canada) 22 Brazil – Aircraft (Article 21.5 – Canada II) 23 DS50 India – Patents (US) 24 DS54, 55, 59, 64 Indonesia – Autos 25 DS56 Argentina – Textiles and Apparel 26 DS58 US – Shrimp 27 US – Shrimp (Article 21.5 – Malaysia) 28 DS60 Guatemala – Cement I 29 DS62, 67, 68 EC – Computer Equipment 30 DS69 EC – Poultry 31 DS70 Canada – Aircraft 32 Canada – Aircraft (Article 21.5 – Brazil) 33 DS75, 84 Korea – Alcoholic Beverages 34 DS76 Japan – Agricultural Products II 35 DS79 India – Patents (EC) 36 DS87, 110 Chile – Alcoholic Beverages 37 DS90 India – Quantitative Restrictions 38 DS98 Korea – Dairy 39 DS99 US – DRAMS 40 DS103, 113 Canada – Dairy 41 Canada – Dairy (Article 21.5 – New Zealand and US) 42 Canada – Dairy (Article 21.5 – New Zealand and US II) 43 DS108 US – FSC 44 US – FSC (Article 21.5 – EC) 45 US – FSC (Article 21.5 – EC II) 46 2013 EDITION 1 DS114 Canada – Pharmaceutical Patents 47 DS121 Argentina – Footwear (EC) 48 DS122 Thailand – H-Beams 49 DS126 Australia – Automotive Leather II 50 Australia – Automotive Leather II (Article 21.5 – US) 51 DS132 Mexico – Corn Syrup 52 Mexico – Corn Syrup (Article 21.5 – US) 53 DS135 EC – Asbestos 54 DS136, 162 US – 1916 Act 55 DS138 US – Lead and Bismuth II 56 DS139, 142 Canada – Autos 57 DS141 EC – Bed Linen 58 EC – Bed Linen (Article 21.5 – India) 59 DS146, 175 India – Autos 60 DS152 US – Section 301 Trade Act 61 DS155 Argentina – Hides and Leather 62 DS156 Guatemala – Cement II 63 DS160 US – Section 110(5) Copyright Act 64 DS161, 169 Korea – Various Measures on Beef 65 DS163 Korea – Procurement 66 DS165 US – Certain EC Products 67 DS166 US – Wheat Gluten 68 DS170 Canada – Patent Term 69 DS174, 290 EC – Trademarks and Geographical Indications 70 DS176 US – Section 211 Appropriations Act 71 DS177, 178 US – Lamb 72 DS179 US – Stainless Steel 73 DS184 US – Hot-Rolled Steel 74 DS189 Argentina – Ceramic Tiles 75 DS192 US – Cotton Yarn 76 DS194 US – Export Restraints 77 DS202 US – Line Pipe 78 DS204 Mexico – Telecoms 79 DS206 US – Steel Plate 80 DS207 Chile – Price Band System 81 Chile – Price Band System (Article 21.5 – Argentina) 82 DS211 Egypt – Steel Rebar 83 DS212 US – Countervailing Measures on Certain EC Products 84 US – Countervailing Measures on Certain EC Products (Article 21.5 – EC) 85 DS213 US – Carbon Steel 86 DS217, 234 US – Offset Act (Byrd Amendment) 87 DS219 EC – Tube or Pipe Fittings 88 DS221 US – Section 129(c)(1) URAA 89 DS222 Canada – Aircraft Credits and Guarantees 90 DS231 EC – Sardines 91 DS236 US – Softwood Lumber III 92 DS238 Argentina – Preserved Peaches 93 DS241 Argentina – Poultry Anti-Dumping Duties 94 2 WTO Dispute Settlement: One-Page Case Summaries DS243 US – Textiles Rules of Origin 95 DS244 US – Corrosion Resistant Steel Sunset Review 96 DS245 Japan – Apples 97 Japan – Apples (Article 21.5 – US) 98 DS246 EC – Tariff Preferences 99 DS248, 249, 251, 252, 253, 254, 258, 259 US – Steel Safeguards 100 DS257 US – Softwood Lumber IV 101 US – Softwood Lumber IV (Article 21.5 – Canada) 102 DS264 US – Softwood Lumber V 103 US – Softwood Lumber V (Article 21.5 – Canada) 104 DS265, 266, 283 EC – Export Subsidies on Sugar 105 DS267 US – Upland Cotton 106 US – Upland Cotton (Article 21.5 – Brazil) 107 DS268 US – Oil Country Tubular Goods Sunset Reviews 108 US – Oil Country Tubular Goods Sunset Reviews (Article 21.5 – Argentina) 109 DS269, 286 EC – Chicken Cuts 110 DS273 Korea – Commercial Vessels 111 DS276 Canada – Wheat Exports and Grain Imports 112 DS277 US – Softwood Lumber VI 113 US – Softwood Lumber VI (Article 21.5 – Canada) 114 DS282 US – Anti-Dumping Measures on Oil Country Tubular Goods 115 DS285 US – Gambling 116 US – Gambling (Article 21.5 – Antigua and Barbuda) 117 DS291, 292, 293 EC – Approval and Marketing of Biotech Products 118 DS294 US – Zeroing (EC) 119 US – Zeroing (EC) (Article 21.5 – EC) 120 DS295 Mexico – Anti-Dumping Measures on Rice 121 DS296 US – Countervailing Duty Investigation on DRAMs 122 DS299 EC – Countervailing Measures on DRAM Chips 123 DS301 EC – Commercial Vessels 124 DS302 Dominican Republic – Import and Sale of Cigarettes 125 DS308 Mexico – Taxes on Soft Drinks 126 DS312 Korea – Certain Paper 127 Korea – Certain Paper (Article 21.5 – Indonesia) 128 DS315 EC – Selected Customs Matters 129 DS316 EC and certain member States – Large Civil Aircraft 130 DS320 US – Continued Suspension 131 DS321 Canada – Continued Suspension 131 DS322 US – Zeroing (Japan) 132 US – Zeroing (Japan) (Article 21.5 – Japan) 133 DS331 Mexico – Steel Pipes and Tubes 134 DS332 Brazil – Retreaded Tyres 135 DS334 Turkey – Rice 136 DS335 US – Shrimp (Ecuador) 137 DS336 Japan – DRAMs (Korea) 138 DS337 EC – Salmon (Norway) 139 DS339, 340, 342 China – Auto Parts 140 DS341 Mexico – Olive Oil 141 2013 EDITION 3 DS343, 345 US – Shrimp (Thailand), US – Customs Bond Directive 142 DS344 US – Stainless Steel (Mexico) 143 DS350 US – Continued Zeroing 144 DS353 US – Large Civil Aircraft (2nd complaint) 145 DS360 India – Additional Import Duties 146 DS362 China – Intellectual Property Rights 147 DS363 China – Publications and Audiovisual Products 148 DS366 Colombia – Ports of Entry 149 DS367 Australia – Apples 150 DS371 Thailand – Cigarettes (Philippines) 151 DS375, 376, 377 EC – IT Products 152 DS379 US – Anti-Dumping and Countervailing Duties (China) 153 DS381 US – Tuna II (Mexico) 154 DS382 US – Orange Juice (Brazil) 155 DS383 US – Anti-Dumping Measures on Pet Bags 156 DS384, 386 US – COOL 157 DS392 US – Poultry (China) 158 DS394, 395, 398 China – Raw Materials 159 DS396, 403 Philippines – Distilled Spirits 160 DS397 EC – Fasteners 161 DS399 US – Tyres (China) 162 DS402 US – Zeroing (Korea) 163 DS404 US – Shrimp (Viet Nam) 164 DS405 EU – Footwear (China) 165 DS406 US – Clove Cigarettes 166 DS413 China – Electronic Payment Services 167 DS414 China – GOES 168 DS415, 416, 417, 418 Dominican Republic – Safeguard Measures 169 DS422 US – Shrimp and Sawblades (China) 170 Appendices 1. Full Citation of WTO Dispute Settlement Reports 171 2. Index of Disputes by WTO Agreement 187 3. Index of Disputes by WTO Member 206 4 WTO Dispute Settlement: One-Page Case Summaries Foreword This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2012. This publication summarizes on a single page the core facts and substantive findings contained in the adopted panel and, where applicable, Appellate Body reports for each decided case. Where relevant, the publication also summarizes key findings on significant procedural matters. We are hopeful that this updated edition will provide a useful tool for understanding the continually expanding body of WTO jurisprudence. Valerie Hughes Director, Legal Affairs Division 2013 EDITION 5 Note The European Union succeeded the European Community for WTO purposes as of 1 December 2009. The cases are listed in order of their dispute settlement (DS) number, which is created when the WTO receives the consultation request from the complaining member. Abbreviations AA Agreement on Agriculture AB Appellate Body ADA Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ASCM Agreement on Subsidies and Countervailing Measures ATC Agreement on Textiles and Clothing CVA Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 DS Dispute settlement DSU Understanding on Rules and Procedures Governing the Settlement of Disputes GATS General Agreement on Trade in Services GATT General Agreement on Tariffs and Trade 1994 GPA Government Procurement Agreement Licensing Ag Agreement on Import Licensing Procedures ROA Agreement on Rules of Origin SA Agreement on Safeguards SPS Agreement on the Application of Sanitary and Phytosanitary Measures TBT Agreement on Technical Barriers to Trade TRIMs Agreement on Trade-Related Investment Measures TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights VCLT Vienna Convention on the Law of Treaties Disclaimer This publication is intended to facilitate understanding of the cited cases but does not constitute an official or authoritative interpretation by the WTO Secretariat or WTO Members of these cases or the WTO agreements referred to therein. 6 WTO Dispute Settlement: One-Page Case Summaries US – GASOLINE1 (DS2) PARTIES AGREEMENT TIMELINE OF THE DISPUTE 10 April 1995 (Venezuela) Establishment of Panel Brazil, 31 May 1995 (Brazil) Complainants Venezuela Circulation 29 January 1996 GATT Arts.
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