WTO Issues Involving the U.S. for March 16-31, 2009

WTO Disputes Involving the U.S.

U.S.-China dispute on China's IPR regime.At its meeting on March 20, 2009, the WTO Dispute Settlement Body (DSB) adopted the panel report in the dispute, "China-Measures Affecting the Protection and Enforcement of Intellectual Property Rights" (DS362), thereby formally adopting the panel's January 2009 findings. (Posted 03/27/09)

(Among other things, in January 2009 the panel found: (1) China's denial of copyright protection for unapproved or prohibited works inconsistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and (2) China's release of IPR-infringing goods into commerce inconsistent with certain aspects of TRIPS; etc.See ITT's Online Archives or 02/04/09 news, 09020420, for BP summary. Also see USTR news release on the panel report's adoption, dated 03/20/09, available at http://www.ustr.gov/assets/Document_Library/Press_Releases/2009/March/asset_upload_file975_15433.pdf)

Questions to/from WTO Members Involving the U.S.

EC asks U.S. about "Buy-American" in Stimulus Bill. On March 23, 2009, the European Communities posed questions to the U.S. on the "Buy American" provisions in the U.S. Economic Stimulus package. Among other things, the EC asked: (1) How will the U.S. ensure this funding is used in a manner consistent with U.S. obligations under international agreements? (2) What is the legal regime applicable, both in terms of procedure and eligibility of foreign suppliers, for procurement funded from federal funds, which is effectuated by the States and/or cities? (3) Can the U.S. explain what the impact of the legislation will be on procurement, which is currently exempted from the U.S. WTO Agreement on Government Procurement commitments? (Posted 03/24/09)

U.S. asks Indonesia about its restrictions on imported films. On March 16, 2009, the U.S. asked Indonesia about the decree by its Ministry of Culture and Tourism in November 2008 (PM.55/PW.204/MKP/2008) that appears to severely limit, if not eliminate, the importation of movies printed outside of Indonesia. Among other things, the U.S. asked: (1) whether the decree is currently in force; (2) if its provisions are being implemented; (3) what the policy objectives of the decree are; (4) how Indonesia views this new law in light of Article XI of the GATT 1994; (5) etc. (Posted 03/17/09)

U.S. asks Ukraine about import licensing, safeguards. The U.S. posed follow-up questions to Ukraine's earlier responses on aspects of various Ukrainian laws and regulations. Among other things, the U.S. asked about: (1) the manner in which Ukraine would administer an import quota licensing system such as how it would allocate quota shares, etc.; and (2) Ukraine's basis for deciding whether to apply a safeguard measure on a regional basis, etc. (Posted 03/24/09)

U.S. asks Panama about its AD/CV practices. On March 23, 2009, the U.S. posed follow-up questions to Panama's earlier responses on its AD and CV practices. The U.S. asked: (1) what avenues for redress have been established to allow interested parties to seek clarification of the product scope covered by AD measures and what specific procedures govern such requests; and (2) what are the specific statutes and regulations that govern administrative reviews and judicial appeals; etc. (Posted 03/25/09)

U.S. asks El Salvador about its AD/CV practices. On March 23 and 24, 2009, the U.S. posed follow-up questions to El Salvador on its earlier responses regarding its AD and CV practices. The U.S. asked: (1) which parties will be issued questionnaires and the method by which the questionnaires will be transmitted to these parties; (2) in which national newspapers preliminary and final AD/CV determinations would be posted; etc. (Posted 03/24/09 and 03/25/09)

Other WTO Issues Involving the U.S.

WTO waivers for U.S. trade preference programs, etc. On March 24, 2009, the WTO Council for Trade in Goods approved long-standing waiver requests from the U.S. on the following trade preference programs: the African Growth and Opportunity Act (AGOA), the Caribbean Basin Economic Recovery Act (CBERA), and the Andean Trade Preference Act (ATPA). The U.S. said these programs served an important development purpose, and that it was committed to get WTO approval for them. The Goods Council agreed to forward the draft waiver approvals to the General Council, and recommend their adoption. (WTO news release, dated 03/24/09, available at http://www.wto.org/english/news_e/news09_e/good_24mar09_e.htm)

WTO predicts 9% global decline in exports in 2009. The WTO reported that the collapse in global demand brought on by the biggest economic downturn in decades will drive exports down by roughly 9% in volume terms in 2009, the biggest such contraction since the Second World War. (WTO press release, dated 03/23/09, available at http://www.wto.org/english/news_e/pres09_e/pr554_e.htm)

WTO posts official program of meetings for 2009. The WTO has posted its official program of meetings for 2009. (WTO Program, dated 03/20/09, available at http://www.wto.org/meets_public/meets_e.pdf)

Documents not specifically cited above are available on the WTO Web site available at http://www.wto.org/index.htm by clicking on Documents, Official Documents, Simple Search, and by typing "United States" and the desired date range in the appropriate fields.