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United States - Measures Affecting the Production and Sale of Clove Oigarettes
On 7 April 2010 Indonesia requested consultations with the United States with respect to a provision of the Family Smoking Prevention Tobacco Control Act of 2009 that bans clove cigarettes. Indonesia alleged that Section 907 which was signed into law on 22 June 2009 prohibits among other things the production or sale in the United States of cigarettes containing certain additives including clove but would continue to permit the production and sale of other cigarettes including cigarettes containing menthol. Indonesia alleged that Section 907 is inconsistent inter alia with Article III:4 of the GATT 1994 Article 2 of the TBT Agreement and various provisions of the SPS Agreement.
Sanitary and Phytosanitary Measures
The WTO Secretariat has prepared this booklet to assist public understanding of the SPS Agreement it concerns the application of food safety and animal and plant health regulations. The first section of the booklet presents the basic structure of WTO agreements; the second looks at the key features of the SPS Agreement; the third addresses a number of frequently-asked questions; and the fourth is the legal text of the agreement.
Australia - Measures Affecting the Importation of Apples from New Zealand
On 31 August 2007 New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand. On 27 March 2007 Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908 and the application of phytosanitary measures as specified in the Final import risk analysis report for apples from New Zealand November 2006”. New Zealand considers that these restrictions are inconsistent with Australia's obligations under the SPS Agreement and in particular Articles 2.1 2.2 2.3 5.1 5.2 5.3 5.5 5.6 8 and Annex C. On 13 September 2007 the European Communities requested to join the consultations. On 14 September 2007 the United States requested to join the consultations. Subsequently Australia informed the DSB that it had accepted the requests of the European Communities and the United States to join the consultations. On 6 December 2007 New Zealand requested the establishment of a panel. At its meeting on 17 December 2007 the DSB deferred the establishment of a panel.
United States - Certain Measures Affecting Imports of Poultry from China
On 17 April 2009 China requested consultations with the United States concerning certain measures taken by the United States affecting the import of poultry products from China. The measure primarily at issue is Section 727 of the Omnibus Appropriations Act of 2009 which effectively prohibits the establishment or implementation of any measures that would allow Chinese poultry to be imported into the United States because it denies the use of any funding by USDA for this purpose. China considers that the United States through Section 727 and any closely related measures is in violation at a minimum of Articles I:1 and XI:1 of GATT 1994 and Article 4.2 of the Agriculture Agreement. In addition China also specifies that although it does not believe that the US measure or any closely related measures at issue constitute sanitary and phytosanitary measures within the meaning of the SPS Agreement if it were demonstrated that any such measure is a SPS measure China would consider such measure also to be in violation of US obligations under various provisions of the SPS Agreement.
Australia - Measures Affecting the Importation of Apples from New Zealand
On 31 August 2007 New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand. On 27 March 2007 Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908 and the application of phytosanitary measures as specified in the Final import risk analysis report for apples from New Zealand November 2006”. New Zealand considers that these restrictions are inconsistent with Australia's obligations under the SPS Agreement and in particular Articles 2.1 2.2 2.3 5.1 5.2 5.3 5.5 5.6 8 and Annex C. On 13 September 2007 the European Communities requested to join the consultations. On 14 September 2007 the United States requested to join the consultations. Subsequently Australia informed the DSB that it had accepted the requests of the European Communities and the United States to join the consultations. On 6 December 2007 New Zealand requested the establishment of a panel. At its meeting on 17 December 2007 the DSB deferred the establishment of a panel.
Risk Assessment in the International Food Safety Policy Arena
Two institutions provide multilateral venues for countries to discuss food safety measures at the international level: the Codex Alimentarius Commission (Codex) and the World Trade Organization. Both institutions encourage their members to base food safety standards on scientific evidence. In this paper we provide a description of how food safety related scientific evidence is generated and how it is used in the context of risk assessment for international standard-setting at CODEX and in WTO trade disputes. In particular we discuss the processes leading to policy conclusions on the basis of scientific evidence with a focus on the interactions involved between private and public sector actors and those between “scientific experts” and others. We identify weaknesses in the current institutional set-up and provide suggestions on how to improve the interaction between different players at the national and international level so as to strengthen the existing system and increase its cost efficiency.
Mexico - Definitive Countervailing Measures on Olive Oil from the European Communities
On 31 March 2006 the European Communities requested consultations with Mexico concerning the imposition by Mexico of definitive countervailing measures on imports of olive oil from the European Communities.
Turkey - Measures Affecting the Importation of Rice
On 2 November 2005 the United States requested consultations with Turkey concerning the latter’s import restrictions on rice from the United States. According to the request Turkey requires an import license to import rice but fails to grant such licenses to import rice at Turkey’s bound rate of duty. According to the request Turkey also operates a tariff-rate quota for rice imports requiring that in order to import specified quantities of rice at reduced tariff levels importers must purchase specified quantities of domestic rice including from the Turkish Grain Board (TMO) Turkish producers or producer associations (“the domestic purchase requirement”). The request lists more than ten measures through which Turkey has allegedly maintained the foregoing restrictions on rice imports including Decree No. 96/7794 related to the General Assessment of the Regime Regarding Technical Regulations and Standardization for Foreign Trade (Official Gazette No. 22541 1 February 1996 Repeated).
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - Recourse 1
On 5 October 2000 Argentina requested consultations with Chile concerning: the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products - Recourse 1
On 5 October 2000 Argentina requested consultations with Chile concerning: - the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and - the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
European Communities - Measures Affecting the Approval and Marketing of Biotech Products
On 13 May 2003 the United States requested consultations with the EC concerning certain measures taken by the EC and its member States affecting imports of agricultural and food imports from the United States. Regarding EC-level measures the United States asserted that the moratorium applied by the EC since October 1998 on the approval of biotech products has restricted imports of agricultural and food products from the United States. Regarding member State-level measures the United States asserted that a number of EC member States maintain national marketing and import bans on biotech products even though those products have already been approved by the EC for import and marketing in the EC.
Non-Reciprocal Preference Erosion Arising from MFN Liberalitzation in Agriculture
This paper estimates the risk of preference erosion for non-reciprocal preference recipients in the agricultural sector as a consequence of MFN tariff cuts. It is based on a simulation of a single tariff-cutting scenario. The measure of preference erosion risk is the difference in preference margins enjoyed by individual suppliers to the QUAD (Canada EU Japan United States) markets before and after a MFN tariff reduction multiplied by the associated trade flow. The paper does not attempt to determine how losses in preference margins translate into trade outcomes but it does highlight which products and which non-reciprocal preference beneficiaries are the most vulnerable to erosion effects in the major developed country markets. Overall the paper finds that the risk of preference erosion is small but some countries are strongly affected in particular product lines (notably sugar and bananas).
Japan - Import Quotas on Dried Laver and Seasoned Laver
On 1 December 2004 Korea requested consultations with Japan concerning Japan’s import quotas on dried laver and seasoned laver. According to the request for consultations Korea believes that Japan’s extremely restrictive import quotas on dried laver and seasoned laver are inconsistenté.
Japan - Measures Affecting the Importation of Apples - Recourse 1
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
European Communities - Export Subsidies on Sugar - Complaint by Brazil
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Thailand
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Australia
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
Korea - Measures Affecting Trade in Commercial Vessels
On 21 October 2002 the European Communities requested consultations with Korea on certain measures establishing subsidies to its shipbuilding industry which according to the European Communities are inconsistent with Korea’s obligations under the SCM Agreement. These measures are as follows: - Corporate restructuring subsidies in the form of debt forgiveness debt and interest relief and debt-to-equity swaps provided through government-owned and government-controlled banks; - Special taxation on in-kind contribution and the special taxation on spin-off scheme provided in the Special Tax Treatment Control Law which establishes two tax programmes limited to companies under corporate restructuring and provided tax concessions to Daewoo; - Pre-shipment loans and advance payment refund guarantees provided by the state-owned Export-Import Bank of Korea (“KEXIM”) to all Korean shipyards
United States - Subsidies on Upland Cotton
On 27 September 2002 Brazil requested consultations with the United States regarding prohibited and actionable subsidies provided to US producers users and/or exporters of upland cotton as well as legislation regulations statutory instruments and amendments thereto providing such subsidies (including export credits) grants and any other assistance to the US producers users and exporters of upland cotton (“US upland cotton industry”). Brazil contended that these measures were inconsistent with the obligations of the United States under the following provisions: Articles 5(c) 6.3(b) (c) and (d) 3.1(a) (including item (j) of the Illustrative List of Export Subsidies in Annex I) 3.1(b) and 3.2 of the SCM Agreement; Articles 3.3 7.1 8 9.1 and 10.1 of the Agreement on Agriculture; and Article III:4 of GATT 1994. Brazil was of the view that the US statutes regulations and administrative procedures listed above were inconsistent with these provisions as such and as applied. On 9 October and 11 October 2002 Zimbabwe and India respectively requested to join the consultations. On 14 October 2002 Argentina and Canada requested to join the consultations. The United States informed the DSB that it had accepted the requests of Argentina and India to join the consultations.
European Communities - Export Subsidies on Sugar - Complaint by Thailand
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Australia
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Brazil
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
United States - Subsidies on Upland Cotton
On 27 September 2002 Brazil requested consultations with the United States regarding prohibited and actionable subsidies provided to US producers users and/or exporters of upland cotton as well as legislation regulations statutory instruments and amendments thereto providing such subsidies (including export credits) grants and any other assistance to the US producers users and exporters of upland cotton (“US upland cotton industry”). Brazil contended that these measures were inconsistent with the obligations of the United States under the following provisions: Articles 5(c) 6.3(b) (c) and (d) 3.1(a) (including item (j) of the Illustrative List of Export Subsidies in Annex I) 3.1(b) and 3.2 of the SCM Agreement; Articles 3.3 7.1 8 9.1 and 10.1 of the Agreement on Agriculture; and Article III:4 of GATT 1994. Brazil was of the view that the US statutes regulations and administrative procedures listed above were inconsistent with these provisions as such and as applied. On 9 October and 11 October 2002 Zimbabwe and India respectively requested to join the consultations. On 14 October 2002 Argentina and Canada requested to join the consultations. The United States informed the DSB that it had accepted the requests of Argentina and India to join the consultations.
Japan - Measures Affecting the Importation of Apples
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
Japan - Measures Affecting the Importation of Apples
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
United States - Tax Treatment for "Foreign Sales Corporations"
On 30 August 2002 the WTO issued the dispute panel reports in the case "United States - Tax treatment for "foreign sales corporations"".
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products
On 5 October 2000 Argentina requested consultations with Chile concerning: the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products - Recourse 1
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products - Recourse 1
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
European Communities - Measures Affecting Asbestos and Asbestos – Containing Products
On 28 May 1998 Canada requested consultations with the EC in respect of measures imposed by France in particular Decree of 24 December 1996 with respect to the prohibition of asbestos and products containing asbestos including a ban on imports of such goods. Canada alleged that these measures violate Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Articles III XI and XIII of GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.
United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities
On 17 March 1999 the EC requested consultations with the US in respect of definitive safeguard measures imposed by the US on imports of wheat gluten from the European Communities. The EC contended that by a Proclamation of 30 May 1998 and a Memorandum of the same date by the US President under which the US imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat gluten from the EC effective as of 1 June 1998. The EC considered these measures to be in violation of Articles 2 4 5 and 12 of the Agreement on Safeguards; Article 4.2 of the Agreement on Agriculture; and Articles I and XIX of GATT 1994.
Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef
On 1 February 1999 the US requested consultations with Korea in respect of a Korean regulatory scheme that allegedly discriminates against imported beef by inter alia confining sales of imported beef to specialized stores (dual retail system) limiting the manner of its display and otherwise constraining the opportunities for the sale of imported beef. The US alleged that Korea imposes a mark-up on sales of imported beef limits import authority to certain so-called “super-groups” and the Livestock Producers Marketing Organization (“LPMO”) and provides domestic support to the cattle industry in Korea in amounts which cause Korea to exceed its aggregate measure of support as reflected in Korea’s schedule. The US contended that these restrictions apply only to imported beef thereby denying national treatment to beef imports and that the support to the domestic industry amounts to domestic subsidies that contravene the Agreement on Agriculture. The US alleged violations of Articles II III XI and XVII of GATT 1994; Articles 3 4 6 and 7 of the Agreement on Agriculture; and Articles 1 and 3 of the Import Licensing Agreement.
European Communities - Measures Affecting Asbestos and Asbestos – Containing Products
On 28 May 1998 Canada requested consultations with the EC in respect of measures imposed by France in particular Decree of 24 December 1996 with respect to the prohibition of asbestos and products containing asbestos including a ban on imports of such goods. Canada alleged that these measures violate Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Articles III XI and XIII of GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.
Korea - Measures Affecting Imports of Fresh, Chilled and Frozen Beef
On 1 February 1999 the US requested consultations with Korea in respect of a Korean regulatory scheme that allegedly discriminates against imported beef by inter alia confining sales of imported beef to specialized stores (dual retail system) limiting the manner of its display and otherwise constraining the opportunities for the sale of imported beef. The US alleged that Korea imposes a mark-up on sales of imported beef limits import authority to certain so-called “super-groups” and the Livestock Producers Marketing Organization (“LPMO”) and provides domestic support to the cattle industry in Korea in amounts which cause Korea to exceed its aggregate measure of support as reflected in Korea’s schedule. The US contended that these restrictions apply only to imported beef thereby denying national treatment to beef imports and that the support to the domestic industry amounts to domestic subsidies that contravene the Agreement on Agriculture. The US alleged violations of Articles II III XI and XVII of GATT 1994; Articles 3 4 6 and 7 of the Agreement on Agriculture; and Articles 1 and 3 of the Import Licensing Agreement.
United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities
On 17 March 1999 the EC requested consultations with the US in respect of definitive safeguard measures imposed by the US on imports of wheat gluten from the European Communities. The EC contended that by a Proclamation of 30 May 1998 and a Memorandum of the same date by the US President under which the US imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat gluten from the EC effective as of 1 June 1998. The EC considered these measures to be in violation of Articles 2 4 5 and 12 of the Agreement on Safeguards; Article 4.2 of the Agreement on Agriculture; and Articles I and XIX of GATT 1994.
United States - Tax Treatment for "Foreign Sales Corporations"
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
Australia - Measures Affecting Importation of Salmon - Recourse 1
On 5 October 1995 Canada requested consultations with Australia in respect of Australia’s prohibition of imports of salmon from Canada based on a quarantine regulation. Canada alleged that the prohibition is inconsistent with Articles XI and XIII of the GATT 1994 and also inconsistent with the SPS Agreement.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
United States - Tax Treatment for "Foreign Sales Corporations"
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
European Communities - Measures Concerning Meat and Meat Products (Hormones) - Original Complaint by Canada
On 12 July 1999 the WTO issued the dispute panel reports in the case "European Communities - Measures concerning meat and meat products (hormones) - Original complaint by Canada".
European Communities - Measures Concerning Meat and Meat Products (Hormones) - Original Complaint by the United States
On 12 July 1999 the WTO issued the dispute panel reports in the case "European Communities - Measures concerning meat and meat products (hormones) - Original complaint by the United States".
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
On 09 April 1999 the WTO issued the dispute panel reports in the case "European communities - Regime for the importation sale and distribution of bananas".
India - Quantitative Restrictions on Imports of Agricultural, Textile and Industrial Products
On 15 July 1997 the US requested consultations with India in respect of quantitative restrictions maintained by India on importation of a large number of agricultural textile and industrial products. The US contended that these quantitative restrictions including the more than 2700 agricultural and industrial product tariff lines notified to the WTO are inconsistent with India’s obligations under Articles XI:1 and XVIII:11 of GATT 1994 Article 4.2 of the Agreement on Agriculture and Article 3 of the Agreement on Import Licensing Procedures.
Japan - Measures Affecting Agricultural Products
On 7 April 1997 the US requested consultations with Japan in respect of the latter’s prohibition under quarantine measures of imports of certain agricultural products. The US alleged that Japan prohibits the importation of each variety of a product requiring quarantine treatment until the quarantine treatment has been tested for that variety even if the treatment has proved to be effective for other varieties of the same product. The US alleged violations of Articles 2 5 and 8 of the SPS Agreement Article XI of GATT 1994 and Article 4 of the Agreement on Agriculture. In addition the US made a claim for nullification and impairment of benefits.
Japan - Measures Affecting Agricultural Products
On 7 April 1997 the US requested consultations with Japan in respect of the latter’s prohibition under quarantine measures of imports of certain agricultural products. The US alleged that Japan prohibits the importation of each variety of a product requiring quarantine treatment until the quarantine treatment has been tested for that variety even if the treatment has proved to be effective for other varieties of the same product. The US alleged violations of Articles 2 5 and 8 of the SPS Agreement Article XI of GATT 1994 and Article 4 of the Agreement on Agriculture. In addition the US made a claim for nullification and impairment of benefits.
Australia - Measures Affecting Importation of Salmon
On 5 October 1995 Canada requested consultations with Australia in respect of Australia’s prohibition of imports of salmon from Canada based on a quarantine regulation. Canada alleged that the prohibition is inconsistent with Articles XI and XIII of the GATT 1994 and also inconsistent with the SPS Agreement.
European Communities - Measures Affecting the Importation of Certain Poultry Products
On 24 February 1997 Brazil requested consultations with the EC in respect of the EC regime for the importation of certain poultry products and the implementation by the EC of the Tariff Rate Quota for these products. Brazil contended that the EC measures are inconsistent with Articles X and XXVII of GATT 1994 and Articles 1 and 3 of the Agreement on Import Licensing Procedures. Brazil also contended that the measures nullify or impair benefits accruing to it directly or indirectly under GATT 1994.