World Trade Organization

• Author: International Law Group

A Dispute Settlement Panel of the World Trade Organization (WTO) has upheld Section 129(c)(1) of the Uruguay Round Agreements Act (URAA) [Pub.L. No. 103-465, 108 Stat. 4838, 19 U.S.C. 3538 (1994)], which sets the time frame for implementation of WTO rulings in antidumping and countervailing duty cases.

URAA Section 129 is entitled "Administrative Action Following WTO Panel Reports," and Section 129(c)(1) provides that "Determinations concerning Title VII of the Tariff Act of 1930 that are implemented under this section shall apply with respect to unliquidated entries of the subject merchandise ..." The U.S. Trade Representative may ask the U.S. International Trade Commission (ITC) or the U.S. Department of Commerce to take action consistent with a panel report only if such action is in accord with U.S. antidumping or countervailing duty law. On January 17, 2001, Canada brought this WTO case requesting consultations with the U.S. After the parties could not agree, Canada requested the establishment of a panel on July 24, 2001. The Panel circulated its report on July 15, 2002.

Specifically, the final report rejects a challenge from Canada that argued that the section was inconsistent with WTO trading rules. Canada sought a ruling from the WTO...