- Country or region
- United States
- Trade topics
- Dispute settlement
- Dispute settlement
- WTO - Case launched by the EU
Summary of the case
- Complaint by: EU, Australia, Brazil, Chile, India, Indonesia, Japan, Korea, Republic Of, Thailand
- Complaint against: United States
- Third parties: Argentina, China, Costa Rica, Hong Kong, Israel, Norway
Joint request by Australia, Brazil, Chile, India, Indonesia, Japan, Korea and Thailand. Panel established and joined with panel established by Canada and Mexico (DS 234). The Act mandates the US customs authorities to distribute on an annual basis the proceeds of duties levied pursuant to a CVD, an AD order or a finding under the anti-dumping Act of 1921 to the affected domestic producers for their qualifying expenses.
Relevant WTO provision: AD ( 5, 8, 18); SCM (11, 18, 32); GATT ( X); WTO (XVI)
On 8 February 2006, the United States enacted the Deficit Reduction Act of 2005, which inter alia, repeals the Byrd Amendment but allows for a transition period. The repeal will not affect distribution of the anti-dumping and countervailing duties collected on imports made before 1 October 2007. Since in the US, these duties are usually collected several years after the import, this means, in turn, that distribution under the Byrd Amendment may continue for several years after 1 October 2007. The Congressional Budget Office foresees that the repeal of the Byrd Amendment will not produce effects before 1 October 2009. The disbursements to US companies still take place in 2018, although they have been decreasing steadily over the last years and reach now quite low amounts. Retaliatory measures were first imposed since 1 May 2005 in the form of a 15% additional import duty on certain US products linked to the amounts distributed to the US industry under the Byrd Amendment. They will therefore automatically cease when the US will not make any further distributions and fully comply with its WTO obligations The new level of retaliation as from 1 May 2018 amounts to USD 682.823 and has been established on the basis of the latest CDSOA distribution of anti-dumping and anti-subsidy duties collected during the Fiscal Year 2017. The additional duty of 0,3% applies to the remaining products in Annex I of the Byrd Regulation, as required by the WTO authorisation for sanctions and Council Regulation (EC) 673/2005.
- Consultations requested: 21 December 2000
- Panel requested: 12 July 2001
- Panel established: 23 August 2001
- Panel report circulated: 16 September 2002
- Appeal requested: 18 October 2002
- Appeal report circulated: 16 January 2003
- Panel/Appellate Body report adopted: 27 January 2003
- Implementation deadline: 27 December 2003
- Recourse to Articles:
- 15 January 2004 - Recourse to Art. 22.