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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
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Adoption of Appellate Body and Panel reports back to top
When a panel report comes out, it is either adopted by the Dispute
Settlement Body or appealed by one or more main parties to the dispute.
When the Appellate Body report comes out, it is automatically adopted by
the DSB — unless there is consensus to reject it — and becomes binding.
DS308:
Mexico — Tax Measures on Soft Drinks and Other Beverages
The Appellate Body report was circulated on 6
March 2006 and was on the agenda for adoption at the request of the US.
The US said that the panel and Appellate Body reports were solid and
well-reasoned. The US recalled that the dispute involved Mexico's tax on
soft drinks and other beverages made with imported sweeteners, such as
high-fructose corn syrup (HFCS) and beet sugar. The US added that it found
it difficult to conceive how Mexico could eliminate its discrimination
against US sweeteners and beverages made with those specific sweeteners
without eliminating its beverage tax. It hoped that Mexico would eliminate
quickly its discriminatory beverage tax and that in doing so it would not
replace one prohibitive barrier to US HFCS with another, as reported by
the Mexican Congress.
The EC, as a third party, raised some concerns
regarding the Appellate Body's reasoning, noting its systemic interest in
the important substantive and procedural legal issues at stake.
Appointment / Re-appointment of Appellate Body members back to top
Under “other business”, the DSB
Chairman recalled that he launched the process for selecting a new
Appellate Body member to replace the late Mr. John Lockhart for the
remainder of his term, until 11 December 2009. He also indicated that a
Selection Committee consisting of the Director General and the
2006 Chairpersons of the General Council, the Goods Council, the Services
Council, the TRIPS Council and the DSB in accordance with the procedures
outlined in WT/DSB/1 had been established by the DSB. While the deadline for
recommending candidates was set at 31 March 2006, China requested the
extension until 30 April 2006. The Chair concluded that he was not in
position to make a decision today and would consult with delegations on
further steps.
Next
meeting back to top
The next meeting of the DSB will be
on 21 April 2006.
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