World Trade Organization


Subject Matter of Appeals



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Subject Matter of Appeals


The following table provides information about the WTO Agreements covered in the Appellate Body Reports circulated during 2003.
Table 3


Matter

Short Title

WTO Agreements Covered

United States – Continued Dumping and Subsidy Offset Act of 2000

US – Offset Act (Byrd Amendment )

Anti-Dumping Agreement
SCM Agreement
DSU
WTO Agreement

European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India, Recourse to Article 21.5 of the DSU by India

EC – Bed Linen (Article 21.5 – India )

Anti-Dumping Agreement
DSU

European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil

EC – Tube or Pipe Fittings

Anti-Dumping Agreement
GATT 1994

United States – Definitive Safeguard Measures on Imports of Certain Steel Product

US – Steel Safeguards

Agreement on Safeguards
GATT 1994
DSU

Japan – Measures Affecting the Importation of Apples

Japan – Apples

SPS Agreement
DSU

United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan

US – Corrosion-Resistant Steel Sunset Review

Anti-Dumping Agreement
WTO Agreement

As indicated above, five of the Reports circulated in 2003 relate to trade remedies. Three of these Reports relate to the  Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement "), one Report deals with both the Anti-Dumping Agreement and the  Agreement on Subsidies and Countervailing Measures (the "SCM Agreement "), and the fifth Report deals with the  Agreement on Safeguards. One other Report examines issues related to the  Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement ").


In addition, four of the Reports consider issues related to the DSU, two Reports deal with the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and two others cover issues related to the Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement ").
Information on the WTO Agreements covered in Appellate Body Reports circulated prior to 2003 can be found in Annex 4.

  1. Participants and Third Participants


The following table lists the WTO Members that participated as appellant, appellee, or third participant in appeals in which an Appellate Body Report was circulated during 2003.
Table 4


Matter

Appellant

Appellee

Third Participant

United States – Continued Dumping and Subsidy Offset Act of 2000


United States

Australia
Brazil
Canada
Chile
European Communities
India
Indonesia
Japan
Korea
Mexico
Thailand

Argentina
Costa Rica
Hong Kong, China
Israel
Norway

European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India, Recourse to Article 21.5 of the DSU by India

India

European Communities

Japan
Korea
United States

European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil

Brazil

European Communities

Chile
Japan
Mexico
United States

United States – Definitive Safeguard Measures on Imports of Certain Steel Product

United States
Brazil
China
European Communities
Japan
Korea
New Zealand
Norway
Switzerland

United States
Brazil
China
European Communities
Japan
Korea
New Zealand
Norway
Switzerland

Canada
Cuba
Mexico
Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu
Thailand
Turkey
Venezuela

Table 4 (continued)


Matter

Appellant

Appellee

Third Participant

Japan – Measures Affecting the Importation of Apples

Japan
United States

Japan
United States

Australia
Brazil
European Communities
New Zealand
Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu

United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan

Japan

United States

Brazil
Chile
European Communities
India
Korea
Norway

A total of 24 WTO Members appeared at least once before the Appellate Body during 2003 as an appellant, an appellee, or a third participant. Of these, 16 were developing country WTO Members and 8 were developed country WTO Members.


The following table indicates the number of times each of these 24 WTO Members appeared as an appellant, an appellee, or a third participant in 2003.
Table 5


WTO Member

Appellant

Appellee

Third Participant

Total8

Argentina





1

1

Australia



1

1

2

Brazil

2

2

2

6

Canada



1

1

2

Chile



1

2

3

China

1

1



2

Costa Rica





1

1

Cuba





1

1

European Communities

1

4

2

7

Hong Kong, China





1

1

India

1

1

1

3

Indonesia



1



1

Israel





1

1

Table 5 (continued)


WTO Member

Appellant

Appellee

Third Participant

Total

Japan

3

3

2

8

Korea

1

2

2

5

Mexico



1

2

3

New Zealand

1

1

1

3

Norway

1

1

2

4

Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu





2

2

Switzerland

1

1



2

Thailand



1

1

2

Turkey





1

1

United States

3

3

2

8

Venezuela





1

1

Of the 70 appearances made by WTO Members before the Appellate Body during 2003, 36 were by developed country WTO Members and 34 by developing country WTO Members. Developed country WTO Members made 10 appearances as appellant, 15 as appellee, and 11 as third participant. Developing country WTO Members made 5 appearances as appellant, 10 as appellee, and 19 as third participant.


Annex 5 sets out additional statistical information on appearances before the Appellate Body by WTO Members between 1996 and 2003.



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