WTO Dispute Settlement: Status of U.S. Compliance in Pending Cases

Abstract

Although the United States has complied with adverse rulings in many past World Trade Organization (WTO) disputes, there are currently 10 cases in which rulings have not yet been implemented or the United States has taken action and the dispute has not been fully resolved. Under WTO dispute settlement rules, a WTO Member will generally be given a reasonable period of time to comply with an adverse WTO decision. While the Member is expected to remove the offending measure by the end of this period, compensation and temporary retaliation are available if the Member has not acted or taken sufficient action by this time. Either disputing party may request a compliance panel if there is disagreement over whether a Member has complied. The United States has not yet settled long-standing disputes with the European Union (EU) regarding a music copyright statute and a statutory trademark provision affecting property confiscated by Cuba. H.R. 1530, H.R. 1531, H.R. 2272, and S. 1189 would repeal the trademark statute, while H.R. 1103 and S. 1234 would amend the provision. Also unresolved is a dispute with Japan, initiated in 1999, over a provision of U.S. antidumping law. The Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), which was held WTO-inconsistent in January 2003 and repealed, effective October 2005, by P.L. 109-171, remains the target of sanctions by complainants EU and Japan due to continued payments to U.S firms under the CDSOA program. In addition, the United States and Antigua have been consulting on the resolution of outstanding issues in Antigua's challenge of U.S. online gambling restrictions.

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Document Details

Document Type
Technical Report
Publication Date
Jan 29, 2010
Accession Number
ADA515206

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  • Jeanne J. Grimmett

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  • Library of Congress

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  • Human Systems

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