UPLAND COTTON

Please confirm that all information and data that you have provided to the Panel relating to “cotton” in fact relates to upland cotton only. BRA, USA

Brazil's answer:

Brazil can confirm that, except as explicitly stated otherwise, all the data and references made by Brazil to “cotton” relate and will relate to “upland cotton” only.

PRELIMINARY ISSUES

Note to parties: As indicated in the cover note, the Panel has expressed its views in respect of the three United States requests for preliminary rulings. The Panel's questions reflected in this compilation relating to the requested preliminary rulings on which the Panel has expressed its views are those that were posed in the course of the first session of the first Panel meeting. This is to give an opportunity for the parties to transpose into writing their oral responses.

Product scope of Panel's terms of reference relating to Brazil's export credit guarantee claims

Is Brazil's claim in relation to export credit guarantees against the measures said to constitute the GSM-102, GSM-103 and SCGP programmes in their entire application, or against the measures said to constitute the GSM-102, GSM-103 and SCGP programmes in their application to upland cotton, or both? BRA

Brazil's answer:

Brazil confirms that its claims against GSM 102, GSM 103 and SCGP concern the programmes in their entirety and are not limited to their application to upland cotton.

If the request for consultations in this dispute omitted certain products in relation to export credit guarantees, on what basis is it argued that it failed to identify the measures at issue in accordance with Article 4.4 of the DSU? USA

Is it argued that the export credit guarantee programmes concerning upland cotton are each a separate or independent measure, in that they operate independently? USA

Is there a specification in any legislation or regulation (or any other official government document) which limit or restrict the export credit guarantee programmes at issue exclusively to upland cotton? USA

For the purposes of the Panel's examination of Brazil's claims relating to GSM-102, GSM-103 and SCGP under the Agreement on Agriculture and the SCM Agreement, is accurate data and information available with respect to these export credit guarantee programmes concerning upland cotton alone (e.g. with respect to “long-term operating costs and losses”)?