MEXICO CITY (Dow Jones)--Mexico has appealed a
ruling by the World Trade Organization that found Mexican
anti-dumping duties on U.S. high fructose corn syrup imports
were "inconsistent" with that of international trade
legislation, a top official said Monday.
Luis de la Calle, Mexico's top trade negotiator under the
Economy Ministry, told a press conference that the appeal to
the mid-June ruling was logged ten days ago.
In the latest in a series of rulings in the four-year-long
dispute, the WTO panel said that Mexico had failed to
implement the recommendations of an original WTO decision
issued early last year.
The appeal came at the same time as a separate panel under
the North American Free Trade Agreement - also set up to
revise the legality of the anti-dumping duties - ruled in
harmony with the WTO panel, de la Calle said.
"The decision on the fructose anti-dumping duties by
the Nafta panel (on the Chapter 19 dispute) was released ten
days ago, and followed the line of the WTO panel, which we
have just appealed," said de la Calle.
He said Mexico now would analyze the Nafta panel decision,
for which they have two months to decide on whether to appeal
or accept the ruling as final. There was no immediate details
as to the exact wording of the Nafta panel ruling.
Panel Found That Dumping "Inconsistency" Remains
The original WTO panel found that Mexico's methods of
implementing the anti-dumping duties were
"inconsistent" with international trade laws, even
though it agreed that U.S. dumping of the controversial
sweetener took place.
That panel, however, didn't order Mexico to cease using the
anti-dumping duties, but ruled that the country "bring
into conformity" the use of the anti-dumping order, a
detail which trade analysts say is important because it means
the U.S. cannot demand the duties removed.
The latest WTO panel was set up to revise whether Mexico
had implemented the previous ruling, which the WTO released in
January 2000. Like the original ruling, the latest WTO panel
said that "inconsistencies" remained on Mexico's
part, but it didn't order the country to stop using the
controversial duties.
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 that led to a government investigation.
Mexico imposed anti-dumping duties ranging from $55.37 to
$175.50 per metric ton for different grades of HFCS in January
1998. The corn syrup sweetener is used mostly by the soft
drinks industry and in bakery products.
The U.S. Corn Refiners Association charged that Mexico was
setting up a protective barrier and acting against free trade
practices, and complained to the U.S. Trade Representative's
office, which took the case to the WTO.
Meanwhile, de la Calle said that the formal setting up of a
separate Nafta dispute settlement panel, dealing with a
related bilateral sweetener row, was expected to be completed
soon.
This other Nafta panel is expected to start processing
legal investigations "within a couple of weeks" into
whether a side-letter agreement to Nafta can limit the size of
Mexico's duty-free sugar exports to the U.S.
The side-letter agreement was added to the trade accord
after the original sugar chapter of Nafta had been approved.
Under that chapter Mexico was granted the right to export all
of its "surplus production" and a roof on the amount
of sugar that it can export to the U.S. duty-free was
established.
But two different versions of the side-letter agreement
exist, hence its legality being called into question. |