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Conditional Tax Incentives for Large Civil Aircraft


Status: Pending

Subject: Tax incentives,

Respondent: United States

Complainant(s): European Union,

Third Parties: Brazil, Canada, China, Russian Federation, Japan, Korea, India, Australia,

Dispute Number: DS487

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds487_e.htm



On December 19, 2014, the European Union requested consultations with the United States with respect to conditional tax incentives established by the State of Washington in relation to the development, manufacture, and sale of large civil aircraft.  The European Union alleges that the measures constitute specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement.  The European Union also considers that the measures are prohibited subsidies that are inconsistent with Articles 3.1(b) and 3.2 of the SCM Agreement. 

On February 12, 2015, the European Union requested the establishment of a panel.  At its meeting on February 23, 2015, the DSB established a panel.  Australia, Brazil, Canada, China, India, Japan, Korea and Russia reserved their third-party rights. 

On April 13, 2015, the European Union requested the Director-General to compose the panel.  On April 22, 2015, the Director-General composed the panel.

Panel Proceedings
BRIEF DATE BRIEF DESCRIPTION
04/05/2016 Opening Oral Statement of the United States at the Second Substantive Meeting of the Panel with the Parties
03/18/2016 Second Written Submission of the United States
03/14/2016 The brief title is “First Executive Summary of the United States
03/09/2016 Responses of the United States to the Panel’s First Set of Questions for the Parties
01/19/2016 First Written Submission of the United States
Appellate Proceedings
Brief Date Brief Description
02/08/2017 U.S. Appellee Submission (Non-BCI Version)
02/08/2017 Executive Summary of U.S. Appellee Submission