MEXICO CITY (Dow Jones)--The World Trade Organization has
delayed its final ruling on a 4-year dispute over Mexican
anti-dumping duties on U.S. high fructose corn syrup imports
until June, an industry source said Monday.
The hotly awaited ruling, which had been expected by the
second half of May, will not be released by the Geneva-based
WTO's dispute settlement panel until June 15th, said the
source, who works closely with Mexico's top trade negotiator
Luis de la Calle.
"The final ruling has been delayed by the WTO; there
is no particular reason why, but it won't be released until
June 15th," said the source. "We are very excited
and have a lot of confidence," he added.
The dispute first broke out in June 1997 when Mexico
slapped preliminary anti-dumping duties on U.S. high fructose
corn syrup imports.
Mexico imposed final anti-dumping duties from $55.37 to
$175.50 per metric ton on different grades HFCS imports from
the U.S. in January 1998, following a government probe into
complaints by the Mexican Sugar and Alcohol Chamber that U.S.
corn refiners exported fructose at below-market prices.
The U.S. Corn Refiners Association, furious about what it
claimed was a protective barrier and against free trade
practices, complained to the U.S. Trade Representative's
office, which took the case to the World Trade Organization.
WTO trade legislation states that for a country to apply
anti-dumping duties, a country must prove that not only did
dumping occur - that goods were exported at prices below the
local market price - but also must prove that the size of
dumping is of such volume that it causes injury to the local
"like-industry," here, the Mexican sugar industry.
The WTO ruled in its first decision on the case in January
2000 that Mexico's initiation of the anti-dumping
investigation was "consistent" with WTO regulations,
but that Mexico's methods in imposing anti-dumping duties on
HFCS imports from the U.S. were "inconsistent."
The WTO ruled that dumping did occur, but ordered Mexico to
revise the study that determined the size of injury to the
Mexican sugar industry. It is to be based on both industrial
use and household consumption.
The WTO, however, didn't rule in its final report that
Mexico should cease using the anti-dumping order, but said
that Mexico should "bring into conformity" the
antidumping order with WTO regulation. A new WTO panel has
been reviewing the revised anti-dumping dispute. |