The WTO’s Dispute Settlement Body (DSB) convened on 25 November 2024 under the chairmanship of Ambassador Saqer Abdullah Almoqbel (Saudi Arabia). Key issues discussed included retaliatory measures, compliance with prior rulings, and ongoing reforms in the WTO’s dispute resolution mechanism.
EU Seeks Authorization for Countermeasures Against US on Ripe Olives Case
The European Union (EU) requested authorization to impose countermeasures worth $35 million annually on US imports due to non-compliance with WTO rulings concerning anti-dumping and countervailing duties on ripe olives from Spain. The United States contested the proposed level of retaliation, triggering WTO arbitration. Both parties expressed their intent to collaborate with the arbitrator, who is expected to determine the appropriate measures within 60 days.
Panel Established on Colombia’s Frozen Fries Duties
The DSB approved an EU request to establish a compliance panel to review whether Colombia has adequately addressed prior WTO findings on its anti-dumping duties on frozen fries from Belgium, Germany, and the Netherlands. The EU contends Colombia’s recalculated dumping margins remain flawed, inflating duties. Colombia argued its measures comply with WTO obligations but agreed to the panel’s establishment under a sequencing agreement with the EU.
Indonesia’s Request on EU Fatty Acid Duties Blocked
The EU blocked Indonesia’s first request for a panel to examine anti-dumping measures on fatty acid imports. While Indonesia alleged the measures violated WTO rules, the EU defended their legality and invited Indonesia to join the Multi-party Interim Appeal Arrangement (MPIA) for addressing disputes in the absence of a functional WTO Appellate Body. Indonesia may renew its request at the next meeting.
United States and Hong Kong-China: Security Dispute Revisited
For the 13th time, the US raised its national security justifications for origin marking requirements on imports from Hong Kong-China, reiterating its concerns about the situation in Hong Kong under China’s National Security Law. Hong Kong-China and China criticized the US for politicizing WTO proceedings, calling the allegations unfounded and inappropriate.
Appellate Body Reform Blockade
Colombia, representing 130 WTO members, renewed calls for initiating the selection process to fill Appellate Body vacancies, which the US blocked for the 81st time. The US maintained its stance, emphasizing the need for systemic reform rather than restoring the previous Appellate Body structure. While several members highlighted progress in dispute resolution reform talks, they acknowledged the challenges in meeting the 2024 reform objectives. Members also debated the merits of interim arrangements like the MPIA.
Other Issues and Status Reports
•The DSB reviewed status reports from the US, EU, and Indonesia on various disputes, including measures affecting steel, biotechnology products, and importation restrictions.
The DSB announced its final meeting of the year will take place on 18 December 2024.
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