Mexico – Definitive Anti-Dumping Measures on Beef and Rice Complaint with Respect to Rice (WT/DS295) Report of the Panel

Summary

INTRODUCTION

On 16 June 2003, the Government of United States requested consultations with the Government of Mexico pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (“AD Agreement”), and Article 30 of the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”), with respect to Mexico's definitive anti-dumping measures on beef and longgrain white rice, published in the Diario Oficial on 28 April 2000 and 5 June 2002 respectively, as well as any amendments thereto or extensions thereof and any related measures and also with respect to certain provisions of Mexico's Foreign Trade Act and its Federal Code of Civil Procedure. Mexico and the United States held consultations on 31 July and 1 August 2003, but failed to settle the dispute.

On 19 September 2003, the United States requested the establishment of a panel pursuant to Article 6 of the DSU, Article 17.4 of the AD Agreement, and Article 30 of the SCM Agreement. At its meeting on 7 November 2003, the Dispute Settlement Body (the “DSB”) established a Panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by United States in document WT/DS295/2. At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by the United States in document WT/DS295/2, the matter referred to the DSB by the United States in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”.

On 4 February 2004, the United States requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.