European Communities

DS400:

On October 6, 2004, the EU requested consultations with respect to “prohibited and actionable subsidies provided to U.S.

Japan alleged that the preliminary and final determinations of the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (USITC) in their antidumping investigations of certain hot-rolled steel products from Japan, issued on November 25 and 30, 1998, February 12, 1999, April 28, 1999, and June 23, 1999, were erroneous and based on deficient procedures under the U.S.

Section 211 addresses the ability to register or enforce, without the consent of previous owners, trademarks or trade names associated with businesses confiscated without compensation by the Cuban government.  The EU questioned the consistency of Section 211 with the TRIPS Agreement, and requested consultations on July 7, 1999.  Consultations were held September 13 and December 13, 1999.  On June 30, 2000, the EU requested a panel.  A panel was established on September 26, 2000, and at the request of the EU the WTO Director-General composed the panel on October 26, 2000.

As amended in 1998 by the Fairness in Music Licensing Act, section 110(5) of the U.S. Copyright Act exempts certain retail and restaurant establishments that play radio or television music from paying royalties to songwriters and music publishers.  The EU claimed that, as a result of this exception, the United States was in violation of its TRIPS obligations.  Consultations with the EU took place on March 2, 1999.  A panel on this matter was established on May 26, 1999.  On August 6, 1999, the Director-General composed the panel as follows: Ms.

On January 16, 2009, the United States requested consultations regarding certain EU measures that prohibit the import of poultry meat and poultry meat products that have been processed with chemical treatments designed to reduce the amount of microbes on poultry meat, unless such pathogen reduction treatments (“PRTs”) have been approved.  The EU further prohibits the marketing of poultry meat and poultry meat products if they have been processed with PRTs.  In December 2008, the EU formally rejected the approval of four PRTs whose approval had been requested by the United States,

The United States and Canada challenged the EU ban on imports of meat from animals to which any of six hormones for growth promotional purposes had been administered.  The panel found that the EU ban is inconsistent with the EU’s obligations under the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement), and that the ban is not based on science, a risk assessment, or relevant international standards.

Consultations

Complaint by Canada. 

On 9 April 2009, Canada requested consultations with Korea concerning measures affecting the importation of bovine meat and meat products from Canada.  According to Canada, since May 2003 Korea prohibits the importation of Canadian bovine meat and meat products.  The alleged objective of this prohibition would be that of protecting against risks arising from bovine spongiform encephalopathy (BSE).