Reporte

Nombre: Matrícula:
Nombre del curso: Tratados Nombre del profesor: Oscar Ramírez
Internacionales en Materia Comercial Villarreal
Módulo: #1 Actividad: #1
Fecha:
Bibliografía:
https://www.wto.org/spanish/tratop_s/dispu_s/cases_s/ds60_s.htm
https://www.wto.org/spanish/docs_s/legal_s/19-adp_01_s.htm
https://www.wto.org/spanish/docs_s/legal_s/19-adp.pdf
https://www.wto.org/spanish/docs_s/legal_s/28-dsu_s.htm
https://www.gob.mx/se/acciones-y-programas/comercio-exterior-solucion-de-
controversias?state=published

Introduction:

This activity analyzes and takes into account Mexico's demand for Guatemala
for antidumping against the Portland cement Company, as well as the process
carried out by the WTO so that both countries could present their declarations
and reach an agreement.

1. First, go to the WTO website: https://www.wto.org/indexsp.htm

2. Then, check WTO members list and select one country.

After searching and seeing the different countries that are allied to the
WTO, I have chosen to choose Mexico, since it has been part of this
organization since it was founded.

3. Also, check and list cases related to dispute settlement where

that country has been involved in as a plaintiff or as a defendant
or a third-party complaint.

 Venezuela — Anti-dumping investigation on imports of certain

tubular goods for oil exploration and exploitation (OCTG)
 European Communities — Regime for the importation, sale and
distribution of bananas
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 European Communities — Regime for the importation, sale and

distribution of bananas
 Guatemala — Anti-Dumping Investigation on Portland Cement
from Mexico
 México-Jarabe de Maíz
 México-Telecomunicaciones
 México-Medidas antidumping sobre el arroz
 México-Impuestos sobre los refrescos
 México-Tuberías de Guatemala
 México-Aceite de Oliva


4. Next, select one of the cases and create a data sheet with the
following information:

o Title

Anti-Dumping Investigation on Portland cement from Mexico

Short title: Guatemala — Cement I

 Plaintiff

Mexico

o Defendant

Guatemala

o Third Parties

 Canadá
 El Salvador
 Honduras
 Estados Unidos

o A summary of the dispute settlement

Claim presented by Mexico.

On October 15, 1996, Mexico requested consultations with

Guatemala regarding an antidumping investigation initiated by that
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country in relation to imports of Portland cement from Mexico.

Mexico claimed that this investigation violated Guatemala's
obligations under Articles 2, 3 and 5 and Article 7.1 of the AD
Agreement.

Proceedings of the Panel and the Appellate Body

In response to a second request filed by Mexico on March 20,

1997, the OSD established a panel on April 21, 1997. Counting on
the USA, Canada, Honduras and El Salvador as third parties.

On April 21, 1997, Mexico requested that the composition of the

Special Group be established, which was constituted on May 1,
1997. The panel report found that Guatemala had not complied
with the requirements of Article 5.3 of the AD Agreement by
initiating the investigation based on evidence of dumping, which
was considered insufficient to justify the initiation of the
investigation.

On August 4, 1998, Guatemala notified its purpose of appeal

regarding certain questions of law and legal interpretations
developed by the panel.

The appellate body revoked the record of the panel of the dispute
that had been submitted to the group, arguing that Mexico had not
satisfied in its request for the establishment of a panel the
requirement of paragraph 2 of article 6 of the DSU.

Finding that the dispute had not been properly submitted to the
panel, the appellate body was unable to reach any conclusion on
the substantive issues that were also subject to appeal.

o Current status

Taking into account that this decision was understood without

prejudice to Mexico's right to initiate a new dispute settlement
procedure on this matter. At the DSB meeting held on 25
November 1998, the DSB adopted the Appellate Body Report and
the Panel Report, whose findings and conclusions had been
reversed by the Appellate Body Report.

5. Make a conclusion based on your personal thinking about the

WTO relevance in the international trade scene.
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The WTO can come to serve us as a forum which helps us with the
negotiation of agreements and to reduce obstacles to international
trade and to be able to ensure equal conditions for all of us, in addition
to contributing to economic development.

Being its main function to be able to guarantee the commercial

currents that circulate with maximum fluidity, and having an objective,
to be able to improve the level of well-being of the people.

Thanks to this activity I was able to take into account commercial

development worldwide, achieving a better performance of
international relations among nations, conforming these same
important supports for what is the political, economic and social
development of the countries.