USTR Seeks Comments on WTO Dispute Regarding U.S. Antidumping Measures on Cement from Mexico
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting written comments by April 22, 2004 concerning the establishment of a World Trade Organization (WTO) dispute settlement panel (DSP) to examine various measures relating to the U.S. antidumping (AD) duty order on gray portland cement and cement clinker (cement) from Mexico.
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According to the USTR, Mexico requested this DSP as it alleges that determinations made by U.S. authorities concerning cement, and certain related matters, are inconsistent with certain articles of the Agreement of Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (AD Agreement) as well as certain articles of the General Agreement on Tariffs and Trade 1994 (GATT 1994), etc.
The USTR states that the WTO Dispute Settlement Body has accepted Mexico's request and established a panel. The panelists, which will hold their meetings in Geneva, Switzerland are currently being selected and would be expected to issue a report on its findings and recommendations within six to nine months from the date on which they are selected.
Highlights of Mexico's Concerns Over U.S.-Imposed AD Measures on Cement
With respect to the measures at issue, the panel request for cement from Mexico refers to, among other things, the final results of the 5th through 11th administrative reviews of the AD duty order made by the Department of Commerce (DOC); the final sunset review determinations made by DOC and the International Trade Commission (ITC), certain DOC and ITC sunset review regulations, etc.
The USTR states that with respect to the claims of WTO-inconsistency, Mexico's panel request refers to DOC's failure to establish domestic industry support for the imposition of AD duties; DOC's failure to otherwise bring the AD measures into conformity with U.S. WTO obligations; the ITC's "likely" standard, as such and as applied in the sunset review; etc.
USTR Contact - William Hunter (202) 395-3582
USTR Notice (D/N WTO/DS-281, FR Pub 03/12/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-5588.pdf