Brazil — Measures Affecting Desiccated Coconut

Short title: Brazil — Desiccated Coconut

Complainant: Philippines

Respondent: Brazil

Third Parties: Canada; European Communities; Indonesia; Malaysia; Sri Lanka; United States

Request for Consultations received: 30 November 1995

Panel Report circulated: 17 October 1996

Appellate Body Report circulated: 21 February 1997

The summary below was up-to-date at  30 May 2008  

Appellate Body and Panel Reports Adopted

Complaint by the Philippines.

On 27 November 1995, the Philippines requested consultations with Brazil in respect of a countervailing duty imposed by Brazil on the Philippine’s exports of desiccated coconut. The Philippines claimed that this duty was inconsistent with WTO and GATT rules.

On 5 February 1996, the Philippines requested the establishment of a panel. At its meeting on 21 February 1996, the DSB deferred the establishment of a panel. Further to a second request to establish a panel by the Philippines, the DSB established a panel at its meeting on 5 March 1996. Canada, the EC, Indonesia, Malaysia, Sri Lanka and the US reserved their third-party rights. On 16 April 1996, the Panel was composed. The report was circulated to Members on 17 October 1996. The report of the Panel concluded that the provisions of the agreements relied on by the claimant were inapplicable to the dispute.

On 16 December 1996, the Philippines notified its decision to appeal against certain issues of law and legal interpretations developed by the panel. The report of the Appellate Body was circulated to Members on 21 February 1997. The Appellate Body upheld the findings and legal interpretations of the Panel.
The Appellate Body report and the Panel report, as modified by the Appellate Body report, were adopted by the DSB on 20 March 1997.