Friday, June 22, 2001
WTO panel set to rule in major U.S.-EU trade row


GENEVA, June 22 (Reuters) - A World Trade Organisation (WTO) dispute
panel is due to issue a ruling on Friday that diplomats say could
unleash a major trade tussle -- and a huge political row -- between
the European Union and the United States.

But the ruling -- the latest in a long-running battle between the two
trading superpowers -- will not be publicly released by the WTO and
legal analysts say it is far from certain which of the two will be
found in the right.

The case centres on a U.S. law giving tax breaks to exporters --
inclusing some of the top names in U.S. industry such as Microsoft
Corporation (MSFT.O) and IBM (IBM.N) -- through offshore ``foreign
service corporations'' or FSCs.

The EU won a WTO case against the law in 1999, when a panel said it
would have to be brought into line with the body's open trading rules
and its regulations on export subsidies.

The United States, under the then Clinton administration, had changes
approved in Congress but Brussels came back to the WTO last year
arguing that these made little difference and in fact boosted the
subsidies.

At the same time, it asked the 141-member body for authorisation to
apply sanctions worth $4 billion on U.S. imports to the 15 EU member
states -- the largest retaliation request ever presented in five and a
half years of the WTO.

Brussels suspended this request when the United States agreed not to
toughen action against EU goods in other high-profile, but in money
terms much smaller, rows over bananas and hormone-treated beef.

BANANA ROW SOLVED

Since then, the banana dispute -- which ran for over a decade in the
WTO and its predecessor, the GATT -- has been resolved.

But the beef dispute, highly sensitive in the United States because of
the influence of the farm lobby, rumbles on.

Both powers have been working hard, since President George Bush
appointed Robert Zoellick as his top trade official earlier this year,
to find a way out of the maze of trade disputes that has bedevilled
overall relations between them.

But there is still no sign of a mutually satisfactory solution to the
beef row -- in which the United States is exacting sanctions on EU
imports worth $116 million a year and which has become a focus for
anti-WTO protesters in Europe.

If the EU were to win the case -- and Friday's expected ruling is only
a confidential interim finding on which the two sides have a month to
forward their comments to the panel -- it could then come back to the
WTO on its own sanctions request.

But how exactly Brussels will react is far from obvious.

In a statement issued earlier on Friday, the EU's executive Commission
said it would ``carefully study the report.''

But it added: ``It would be premature and inappropriate for the
Commission to comment on the content and potential implications of the
report at this stage.''

Member countries of the WTO involved in dispute cases are all supposed
to maintain strict secrecy on panel rulings, and even more so on
interim ones which are never publicly released, until they are
formally published by the trade body.


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