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1 (January 25, 2008)

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                                                                         Order Code RS22187
                                                                     Updated January 25, 2008





SCRS Report for Congress


                    Brazil's WTO Case Against the

              U.S. Cotton Program: A Brief Overview

                                      Randy Schnepf
                              Specialist in Agricultural Policy
                        Resources, Science, and Industry Division

        Summary


             On December 18, 2007, a World Trade Organization (WTO) compliance panel
        publicly released its final report concerning U.S. compliance with a negative ruling in
        a dispute settlement case (DS267) brought by Brazil against certain aspects of the U.S.
        cotton program. The panel's ruling confirmed an earlier (July 27, 2007) interim ruling
        that the United States has not fully complied with a March 2005 WTO ruling against
        certain U.S. cotton support programs. A U.S. appeal (if it so chooses) must occur before
        the compliance panel's ruling is adopted by the Dispute Settlement Body (i.e., within
        60 days of the ruling's release). The ruling against the United States (barring a
        successful U.S. appeal) could necessitate further U.S. farm program changes or, if no
        further changes are forthcoming, clear the way for Brazil to request WTO authorization
        for retaliatory trade sanctions. Both the Senate- and House-passed versions of the 2007
        farm bill (H.R. 2419) contain provisions to bring the export credit program into
        compliance; however, neither version appears to address the serious prejudice charge
        related to price-contingent subsidies.

             This report provides a brief overview of Brazil's case against the U.S. cotton
        program, the evolution and current status of the case, and the potential role for Congress.
        For a detailed discussion of the U.S.-Brazil WTO dispute settlement case, see CRS
        Report RL32571, Brazil's WTO Case Against the U.S. Cotton Program, by Randy
        Schnepf. This report will be updated as events warrant.


        Introduction

            The United States is the world's largest cotton exporter. During the 2001-2003
        period, U.S. cotton exports accounted for 40% of world trade, while U.S. cotton subsidies
        averaged $3 billion per year. In late 2002, Brazil  a major cotton export competitor
        expressed its growing concerns about U.S. cotton subsidies by initiating a WTO dispute
        settlement case (DS267) against specific provisions of the U.S. cotton program. On
        September 8, 2004, a WTO dispute settlement panel ruled against the United States on
        several key issues (discussed below). This ruling was appealed by the United States, and
        on March 3, 2005, a WTO Appellate Body (AB) upheld the panel's ruling.


                  Congressional Research Service '  The Library of Congress
                        Prepared for Members and Committees of Congress

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