GD/265

Australian Customs Amendment Act 1991 and Countervailing Duty Proceeding Concerning Imports of Glacé Cherries from France and Italy

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Other titles

Australia Glacé Cherries (Source: GATT Analytical Index)
Australian Customs Amendment Act 1991 (SCM/146, SCM/147)

Parties

Complainant
EEC
EEC-12
Respondent
Australia
Third Parties

Products at Issue

Products at issue
Glacé cherries
Type of product
Agricultural
Product sub-type
Processed fruits/vegetables

Related disputes

GATT
Related GD
GD/286
WTO

Key legal aspects

Legal basis
  • SCM Article 16
  • SCM Article 3
Claims raised
  • SCM Article 1
  • SCM Article 19:5(a)
  • SCM Article 6:1 ft.18
  • SCM Article 6:5
Defences raised
  • n.a.

Adjudicators

Type Panel
Chairperson Crawford Falconer (New Zealand)
Other members Gloria Peña (Chile), Peter P. T. Cheung (Hong Kong)

Report

Type Panel
Legal basis at issue
  • SCM Article 16
  • SCM Article 3
Claims at issue
  • SCM Article 1
  • SCM Article 19:5(a)
  • SCM Article 6:1 ft.18
  • SCM Article 6:5
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 1
  • -
  • -
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure
  • -

Timeline

Request for consultations
Request for conciliation
Conciliation meeting
Request for establishment
Establishment
Composition
Report
Request withdrawn

Outcome

Outcome of the proceedings
Withdrawal or modification of measure, report issued, request withdrawn
Additional Info SCM/M/58 (18/05/1992) Minutes of SCM Committee Meeting (26/03/1992) EEC informed request for consultations with Australia. SCM/146 (10/4/1992) Communication from Australia (02/04/1992) Consultations have been held and agrees to further consultations.

SCM/M/59 (08/07/1992) Minutes of SCM Committee Meeting (28/04/1992). Committee took note of statements and concluded its examination of the amendment to Australia's countervailing duty legislation.

SCM/M/61 (17/09/1992) Minutes of SCM Committee Meeting (21/07/1992) Australia did not consider the meeting a valid conciliation meeting in relation to Australia's legislation per se, only in the case of glacé cherries.

SCM/178 (28/10/1993) Committee on Subsidies and Countervailing Measures - Australia - Imposition of Countervailing Duties on Imports of Glacé Cherries from France and Italy in Application of the Australian Customs Amendment Act 1991 - Report of the Panel: At its meeting of 26 November 1992, the Committee at the request of the EEC established a panel with respect to the imposition by Australia of countervailing duties on imports of glacé cherries from France and Italy. On 22 June 1993 the EEC requested that the panel suspend the proceedings and Australia concurred in that request. On 18 October 1993 the EEC formally notified the Chairman of the Panel that it had decided to withdraw its complaint in this matter.

Note: The Report of the Panel (SCM/178) reported the withdrawal of the request.