GD/1

Report of Working Party 7 on the Cuban Schedule

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Other titles

Cuba Textiles I (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
Cuba
Third Parties

Products at Issue

Products at issue
Textiles (trimmings, ribbons, gallons, etc.); nylon stockings, hollow tyres and inner tubes
Type of product
Non-agricultural
Product sub-type
Textiles and Apparel

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:1(b)
  • GATT Article XXIII:2
Claims raised
  • GATT Article XIX
  • GATT Article XVIII
  • GATT Article XXV
  • Havana Charter Schedule IX (Cuba)
  • GATT Article XXIII:1(b)
Defences raised
  • n.a.

Adjudicators

Type Working Party
Chairperson L. Dana Wilgress (Canada)
Other members Representative of Cuba, Representative of India, Representative of Netherlands, Representative of United States

Report

Type Working Party
Legal basis at issue
  • GATT Article XXIII:2
  • GATT Article XXIII:1(b)
Claims at issue
  • GATT Article XIX
  • GATT Article XVIII
  • GATT Article XXV
  • Havana Charter Schedule IX (Cuba)
  • GATT Article XXIII:1(b)
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 1
  • -
  • -
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution

Timeline

Request for consultations
Request for establishment
Establishment
Composition
Report
Adoption of report
Mutually agreed solution

Outcome

Outcome of the proceedings
Report adopted, mutually agreed solution
Additional Info GATT/CP.2/43 (13/09/1948) Contracting Parties - Second Session - Report of Working Party 7 on the Cuban Schedule: The representatives of Cuba and the United States offered to recommend the following arrangement to their Governments: 1. The Government of Cuba will promptly take steps to relieve the immediate difficulties affecting imports of textiles, and will consult with representatives of the US Government at Havana with a view to finding a mutually satisfactory solution; 2. The Government of Cuba will continue to apply to coloured woven textiles the treatment provided for in Schedule IX of the General Agreement; and 3. The United States will undertake to renegotiate trimmings, ribbons and galloons, hollow tyres and inner tubes and nylon stockings and coloured woven textiles, if the Government of Cuba so desires - in return for adequate compensation.

GATT/CP.3/45 (17/06/1949) Contracting Parties Third Session - Request by Delegation of Cuba Regarding Adjustments in certain Tariff Items (17/06/1949): Requested negotiations with the US and Canada to make certain adjustments in certain tariff items, initially negotiated in 1947 on table potatoes.

GATT/CP.3/SR.29 (29/06/1949) Contracting Parties Third Session - Summary Record of the Twenty-Ninth Meeting (29/06/1949) Cuba: following negotiations with Canada and US and consultations with Chile and Netherlands, a mutually satisfactory agreement had been reached. The Contracting Parties approved the results of negotiations. Chairman suggested that to give effect to the decision of the Contracting Parties "the changes should be included to a Protocol to be signed". The Contracting Parties decided that the result of the negotiations should be incorporated in a protocol [of modifications] "to be signed at the end of the present session by all the contracting parties, who, as a result of the decision, had already bound themselves to the acceptance of the Protocol."

GATT/CP/32 (30/09/1949) General Agreement on Tariffs and Trade - Protocol modifying Article XXVI - Signed at Annecy on 13 August, 1949 and Decisions, Declarations and Resolutions of the Contracting Parties at the Third Session (Annecy, April - August 1949) Other Decisions: (page 21) Record of Decision of 29 June 1949 concerning the Modification of Schedule IX (Cuba)