Se establece un grupo especial para examinar los derechos impuestos por China a las importaciones de vino de Australia

En una reunión celebrada el 26 de octubre, el Órgano de Solución de Diferencias (OSD) de la OMC acordó establecer un grupo especial de solución de diferencias encargado de examinar la imposición por China de derechos antidumping y derechos compensatorios al vino importado procedente de Australia.

(de momento sólo en inglés)

China – Anti-Dumping and Countervailing Duty Measures on Wine from Australia

Australia submitted its second request for the establishment of a panel to examine China’s imposition of anti-dumping and countervailing duties on imported Australian wine.  Australia’s first request was blocked by China at the DSB meeting on 27 September.

Australia noted that while it remains ready to engage in bilateral discussion with China, Australia is disappointed that it is not seeing any concrete steps by China to respond to its concerns.  As a result, Australia is again requesting the establishment of a panel to examine the matter. Australia values its community and economic ties with China and remains open to further discussions with China, with a view to resolving the issues Australia has raised.

China said it regrets that Australia has decided to submit a second request for a panel.  China said it will vigorously defend its legitimate measures in the proceedings and is confident they are consistent with relevant WTO rules.  China remains open to further engagement with Australia in good faith, with a view to positively resolving this dispute.

The DSB agreed to the establishment of the panel.  Canada, Japan, Brazil, the United Kingdom, Ukraine, Turkey, Chinese Taipei, New Zealand, Norway, Switzerland, India, Singapore, Russia, the European Union, and Viet Nam reserved their third party rights to take part in the proceedings.

Appellate Body appointments

Mexico, speaking on behalf of 121 members, introduced for the 47th time the group’s proposal to start the selection processes for filling vacancies on the Appellate Body.  The extensive number of members submitting the proposal reflects a common concern over the current situation in the Appellate Body which is seriously affecting the overall WTO dispute settlement system against the best interest of members, Mexico said for the group.

The United States reiterated it was not in a position to support the proposed decision.  The US continues to have systemic concerns with the Appellate Body, which it has explained and raised over the past 16 years and across multiple administrations.  The US said it believes that WTO members must undertake fundamental reform if the dispute settlement system is to remain viable and credible.  The dispute settlement system can and should better support the WTO’s negotiating and monitoring functions, the US said, adding that it looked forward to further discussions with members on these important issues.

Around 20 delegations took the floor to reiterate the importance of resolving the impasse over the appointment of new members as soon as possible and re-establishing a functioning Appellate Body, and pledged their support to continue efforts to find a solution acceptable to all. Several delegations said members should take the occasion of the WTO’s upcoming 12th Ministerial Conference (MC12) to agree on a work programme for resolving the Appellate Body impasse.

For the 121 members, Mexico again came back to say that the fact a member may have concerns about certain aspects of the functioning of the Appellate Body cannot serve as pretext to impair and disrupt the work of the DSB and the dispute settlement in general. It said that there was no legal justification for the current blocking of the selection processes, which is causing concrete nullification and impairment of rights for many members.

The chair of the DSB, Ambassador Didier Chambovey of Switzerland, emphasized that resolving the impasse requires political engagement by all members. He expressed hope that members will be able to find a solution to this matter as soon as possible. The chair of the General Council, Ambassador Dacio Castillo of Honduras, continues to consult on this matter in the context of preparations for MC12, and reports on his consultations to all members, Ambassador Chambovey noted. He added that his door remains open to any delegation wishing to contact him on this matter.

United States – Continued Dumping and Subsidy Offset Act of 2000 (CDSOA): statement by the European Union

Both the European Union and the United States referred to their statements made at previous DSB meetings under this item.

European Communities and Certain Member States – Measures affecting trade in large civil aircraft: Implementation of the recommendations adopted by the DSB: statement by the United States

The United States noted that the US and the EU reached an “Understanding on a cooperative framework for Large Civil Aircraft” in June and that it looks forward to engaging with its EU partners on creating a more level global playing field in this sector.  The EU referred to its previous statements under this item.

Surveillance of implementation

The United States presented status reports with regard to DS184, «US — Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan»,  DS160, «United States — Section 110(5) of US Copyright Act», DS464, «United States — Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea», and DS471,»United States — Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China.»

The European Union presented a status report with regard to DS291, «EC — Measures Affecting the Approval and Marketing of Biotech Products.» Indonesia presented its status reports in DS477 and DS478, «Indonesia — Importation of Horticultural Products, Animals and Animal Products.»

Other business

Tunisia made a statement noting that it held further consultations with Morocco on 21 October in order to resolve their differences over procedural implications stemming from Morocco’s appeal of the panel report in DS578: «Morocco — Definitive Anti-Dumping Measures on School Exercise Books from Tunisia.» Tunisia said it submitted a proposal to Morocco in advance of consultations, and Morocco had promised to reply with its own proposal by the end of the week.  Tunisia said it remains committed to finding a solution to the dispute as soon as possible.

Morocco reiterated its commitment to resolving the matter based on a mutually acceptable solution as soon as possible.

Next DSB meeting

The next DSB meeting will take place on 29 November 2021.