In late 2002, Brazil initiated a World Trade Organization (WTO)
dispute settlement case (DS267) against specific provisions of the
U.S. cotton program. On September 8, 2004, a WTO dispute settlement
(DS) panel ruled against the United States on several key issues in
case DS267. The United States appealed the case to the WTO's
Appellate Body (AB) which, on March 3, 2005, confirmed the earlier
DS panel findings against U.S. cotton programs. Key findings
include (1) U.S. domestic cotton subsidies have exceeded WTO
commitments of the 1992 benchmark year, thereby losing the
protection afforded by the "Peace Clause," which shielded them from
substantive challenges; (2) the two major types of direct payments
made under U.S. farm programs - Production Flexibility Contract
payments of the 1996 Farm Act and the Direct Payments of the 2002
Farm Act - do not qualify for WTO exemptions from reduction
commitments as fully decoupled income support and should therefore
count against the "Peace Clause" limits; (3) Step-2 program
payments are prohibited subsidies; (4) U.S. export credit
guarantees are effectively export subsidies, making them subject to
previously notified export subsidy commitments; and (5) U.S.
domestic support measures that are "contingent on market prices"
have resulted in excess cotton production and exports that, in
turn, have caused low international prices and have resulted in
"serious prejudice" to Brazil.
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