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Mexico not complying on some sweetener issues
By Maja Wallengren, Dow Jones Newswires
June 22, 2001
 
MEXICO CITY (Dow Jones)--The World Trade Organization's latest ruling in Mexico's sweetener dispute with the U.S. says Mexico still has not fully complied with WTO rules in imposing anti-dumping tariffs against high-fructose corn syrup imports, a government trade source said Thursday.

The source, who is close to Mexico's top trade negotiator Luis de la Calle, said that in its final ruling on the four-year-old dispute, the WTO panel found Mexico did not comply with "some minor issues" concerning assessment of damage to local sugar producers.

WTO protocol requires that rulings be released to the involved governments a week before releasing the report to the public. A WTO official in Geneva has told Dow Jones Newswires the latest report will be published June 22.

The initial WTO ruling on the sweetener dispute, released in January 2000, said Mexico's initiation of the anti-dumping investigations was in keeping with WTO rules, but that was not the case with the methods it used to calculate damage.

At that time, the WTO did not order Mexico to halt the anti-dumping order, but recommended that Mexico bring it "into conformity" with its trade rules.

The trade source said Mexico does not agree on the panel's latest observations, and is likely to appeal the ruling.

The dispute between Mexico's sugar industry and U.S. corn refiners started in June 1997, when Mexico slapped stiff preliminary anti-dumping duties on imports of HFCS from the U.S., following complaints by the Mexican Sugar and Alcohol Chamber.

Mexico imposed final anti-dumping duties - ranging from $55.37 to $175.50 per metric ton for different grades of HFCS - in January 1998.

The U.S. Corn Refiners Association charged that Mexico was setting up a protective barrier and acting against free trade practices. It complained to the U.S. Trade Representative's office, which took the case to the WTO.

Under WTO trade legislation, for a country to apply anti-dumping duties it must prove that goods were exported at prices below the local market price, and that the volume of dumping is such that it causes injury to the local "like-industry."

The WTO agreed dumping did occur in the HFCS case, but ordered Mexico to revise the study which determined the size of injury to the Mexican sugar industry, with the revision to be based on both industrial use and household consumption.

The dispute has also been taken to a dispute panel under the North American Free Trade Agreement, which is due to issue a ruling in August.