WTO: 2005 NEWS ITEMS
Dispute Settlement Body 15 July 2005
Brazil requests authorization to impose countermeasures against US in cotton case
At the DSB meeting on 15 July 2005, Brazil's request for authorization to impose countermeasures against the US in the cotton case (DS267) was challenged by the US and, hence, referred to arbitration.
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NOTE:
This summary has been prepared by the WTO Secretariat抯 Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body抯 meetings.
At the DSB meeting on 15 July 2005, Brazil requested authorization to
impose countermeasures against the US in the cotton dispute (WT/DS267/21)
corresponding to a value of approximately US$3 billion per year. The US
responded by pointing out that in its communication to the DSB dated 14
July 2005 (WT/DS267/23) the US had objected to the appropriateness and
level of the countermeasures proposed by Brazil. Hence, the matter was
referred to arbitration. Both Brazil and the US also drew attention to
their bilateral agreement (WT/DS267/22) concerning procedures under DSU
Articles 21 and 22, and Article 4 of the Subsidies Agreement. According to
this procedural agreement, both parties would, 揳t the earliest possible
moment? request the arbitration to be suspended, while Brazil would
retain the right to request a compliance review panel under DSU Article
21.5.
In its statement at the meeting, Brazil recalled that, on 21 March 2005,
the DSB adopted the rulings, including the panel's recommendation that the
US withdraw by 1 July 2005 the prohibited subsidies under the export
credit guarantee programmes and under the STEP 2 programme. Brazil said
that on 30 June 2005 the US announced the adoption of measures concerning
these programmes but no action was taken in relation to STEP 2 within the
time-period specified by the DSB. Brazil stated that on 5 July 2005 it
submitted its request for authorization to impose countermeasures. On the
same day, the US announced additional measures to implement the rulings
concerning prohibited subsidies, which it planned to submit to Congress
for approval. Brazil acknowledged that the US measures and announcements
constituted a positive step towards the resolution of the dispute, but
stated that much more had to be accomplished before it could be recognized
that the rulings had been fully implemented. Brazil also hoped that the US
Congress would follow up with concrete and timely actions that may enable
a mutually satisfactory solution.
In its statement, the US drew attention to the steps it had taken to
implement, pointing to the administrative changes to the three
agricultural export credit guarantee programmes, effective 1 July 2005,
and the legislative proposal, announced on 5 July, to repeal the STEP 2
programme. The US reiterated its intention to implement fully the rulings,
and stressed its belief that the arbitration, once suspended, would not
need to be re-activated.
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The next regular meeting of the DSB is due to take place on 20 July 2005.
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