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Dominican Republic - Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric (WT/DS415, WT/DS416, WT/DS417, WT/DS418): Reports of the Panel

Published online by Cambridge University Press:  12 December 2017

Corporate Author
World Trade Organization
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Summary

INTRODUCTION

Request for Consultations

On 15 October 2010 Costa Rica and Guatemala, on 18 October Honduras and on 19 October El Salvador each separately requested consultations with the Dominican Republic pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 14 of the Agreement On Safeguards, concerning the provisional and final safeguard measures imposed by the Dominican Republic on imports of polypropylene bags and tubular fabric and the investigation that led to the imposition of those measures.

On 22 October 2010, Panama requested, by separate communications, to be joined in the consultations requested by Costa Rica, Guatemala, Honduras and El Salvador with the Dominican Republic. On 25 October Guatemala, and on 26 October Costa Rica, Honduras and El Salvador, also each requested to be joined in the consultations requested by each of the other complainants with the Dominican Republic. The Dominican Republic accepted the requests to join consultations submitted by Costa Rica, El Salvador, Guatemala, Honduras and Panama.

Consultations were held on 16 and 17 November 2010, but the parties failed to reach a mutually satisfactory solution. On 15 December Costa Rica and Guatemala and on 20 December Honduras and El Salvador (the complainants) in separate communications requested the Dispute Settlement Body (DSU) to establish a panel pursuant to Article 6 of the DSU and Article 14 of the Agreement on Safeguards.

Establishment and Composition of the Panel

At its meeting on 7 February 2011, the DSB established a single panel pursuant to the requests of Costa Rica, El Salvador, Guatemala and Honduras, in accordance with Article 6 of the DSU. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Costa Rica in document WT/DS415/7, by El Salvador in document WT/DS418/7, by Guatemala in document WT/DS416/7 and by Honduras in document WT/DS417/7, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

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Dispute Settlement Reports 2012 , pp. 6775 - 7108
Publisher: Cambridge University Press
Print publication year: 2014

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