In a cross-Atlantic steel spat separate from the high-profile imposition of
tariffs last March by the US, a World Trade Organisation's tribunal has allowed
part of a US appeal against a previous ruling in favour of a group of EU countries.
The case originated in 1998 when the United States failed to remove tariffs
it had imposed in 1993 on supposedly-subsidised imports from privatised European
producers, and the EU members (Britain, France, Germany, Italy, Sweden and Spain)
complained to the WTO.
Last July, the WTO ruled in favour of the Europeans, and the US appealed, giving
rise to last week's judgement, which applied to some, but not all, of the July
ruling.
The case concerns subsidies ('state aid') given to the steel firms before privatisation.
The WTO panel said that the earlier ruling had been based on the erroneous finding
that a market privatisation always prevented the benefit from the state subsidy
from accruing to the new private firm. The new judgement says that while privatisation
gives rise to a presumption that the benefit is expunged, it is rebuttable.
However, the WTO upheld an earlier finding that Washington had acted inconsistently
with the agreement by imposing and maintaining countervailing measures on steel
products from privatised European steel companies without determining whether
subsidies actually continued to exist.
A US Trade Representative spokesman in Washington said: "We are pleased
that they found the underlying US law to be consistent. But we are disappointed
with their findings concerning the methodology."