Info Service on WTO and Trade Issues (Sept09/04)
blocks panel request in Brazilian orange juice dispute
Geneva, 1 Sep (Kanaga Raja) -- A request by Brazil for the establishment of a dispute panel over anti-dumping administrative reviews and other measures imposed by the United States in relation to imports of certain orange juice from Brazil was blocked by the United States at a meeting of the WTO Dispute Settlement Body on Monday.
is a first-time request and panel establishment would be automatic when
a second request by
its communication to the DSB,
Brazil said that this anti-dumping proceeding concerns the imposition of anti-dumping duties on certain orange juice for transport and/or further manufacturing produced in two different forms: (1) Frozen orange juice in a highly concentrated form, sometimes referred to as frozen concentrated orange juice for further manufacturing (FCOJM); and (2) pasteurized single-strength orange juice which has not been concentrated, referred to as Not-From-Concentrate (NFC) (case No A-351-840). The period of investigation is 1 October 2003 through 30 September 2004.
this Original Investigation, said Brazil, the United States Department
of Commerce ( USDOC) employed a methodology whereby it aggregated intermediate
comparison results between weighted average normal value and weighted
average export price for sub-groups of products within the product under
investigation ("averaging groups"), treating as zero negative
intermediate comparison results (i. e., situations in which the weighted
average export price was greater than the weighted average normal value
of an "averaging group").
measure in the Brazilian complaint relates to the 2005-2007 anti-dumping
duty administrative review on certain orange juice from
anti-dumping proceeding concerns the administrative review of anti-dumping
duties on certain orange juice from
to the Brazilian communication, in this First Administrative Review,
in order to assess the importers' final liability for payment of anti-dumping
duties and the going-forward cash deposit rates, the USDOC employed
a methodology whereby it aggregated intermediate comparison results
between weighted average normal value for each "averaging group"
with the transaction price of individual export transactions, treating
as zero negative intermediate comparison results (i. e., situations
in which the individual export price was greater than the weighted average
normal value of an "averaging group").
another measure relates to the 2007-2008 anti-dumping duty administrative
review on certain orange juice from
The measures at issue also include any assessment instructions issued by the USDOC and cash deposit requirements imposed pursuant to the measures listed above, as well as any measures taken by the United States Customs and Border Protection (USCBP) to collect definitive anti-dumping duties at the duty assessment rates established in those measures, including through the issuance of USCBP liquidations and notices.
Brazilian communication also pointed to the continued use of the
its statement at the DSB,
to a long list of cases,
thousands of pages written on the subject and the sharp rebukes by the
Appellate Body, the
other actions, a panel was established at the request of