Dispute settlement
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 - Customs Classification of Certain Computer Equipment
Complaints by the United States. These are in respect of the alleged reclassification by the European Communities for tariff purposes of certain Local Area Network (LAN) adapter equipment and personal computers with multimedia capability. The US alleged that these measures violate Article II of GATT 1994.
United States - Import Prohibition of Certain Shrimp and Shrimp Products
On 8 October 1996 India Malaysia Pakistan and Thailand requested consultations with the United States concerning a ban on importation of shrimp and shrimp products from these complainants imposed by the US under Section 609 of US Public Law 101-162. Violations of Articles I XI and XIII of the GATT 1994 as well nullification and impairment of benefits were alleged.
Japan - Measures Affecting Consumer Photographic Film and Paper
On 13 June 1996 the United States requested consultations with Japan concerning Japan’s laws regulations and requirements affecting the distribution offering for sale and internal sale of imported consumer photographic film and paper. The US alleged that: the Japanese Government treated imported film and paper less favourably through these measures in violation of GATT Articles III and X. These measures nullify or impair benefits accruing to the US (a non-violation claim).
Argentina - Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items
On 4 October 1996 the US requested consultations with Argentina concerning the imposition of specific duties on these items in excess of the bound rate and other measures by Argentina. The US contended that these measures violate Articles II VII VIII and X of GATT 1994 Article 2 of the TBT Agreement Article 1 to 8 of the Agreement on the Implementation of Article VII of GATT 1994 and Article 7 of the Agreement on Textiles and Clothing.
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.
European Communities - Customs Classification of Certain Computer Equipment
Complaints by the United States. These are in respect of the alleged reclassification by the European Communities for tariff purposes of certain Local Area Network (LAN) adapter equipment and personal computers with multimedia capability. The US alleged that these measures violate Article II of GATT 1994.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 28 June 1996 Canada requested consultations with the European Communities regarding the importation of livestock and meat from livestock that have been treated with certain substances having a hormonal action under Article XXII of the GATT 1994 and the corresponding provisions in the SPS Agreement TBT Agreement and the Agreement on Agriculture. Canada alleges violation of Articles 2 3 and 5 of the SPS Agreement; Article III or XI of the GATT 1994; Article 2 of the TBT Agreement; and Article 4 of the Agreement on Agriculture.
India - Patent Protection for Pharmaceutical and Agricultural Chemical 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.
Argentina - Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items
On 4 October 1996 the US requested consultations with Argentina concerning the imposition of specific duties on these items in excess of the bound rate and other measures by Argentina. The US contended that these measures violate Articles II VII VIII and X of GATT 1994 Article 2 of the TBT Agreement Article 1 to 8 of the Agreement on the Implementation of Article VII of GATT 1994 and Article 7 of the Agreement on Textiles and Clothing.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
Complaints by Ecuador Guatemala Honduras Mexico and the United States. The complainants in this case other than Ecuador had requested consultations with the European Communities on the same issue on 28 September 1995 (DS16). After Ecuador’s accession to the WTO the current complainants again requested consultations with the European Communities on 5 February 1996. The complainants alleged that the European Communities’ regime for importation sale and distribution of bananas is inconsistent with Articles I II III X XI and XIII of the GATT 1994 as well as provisions of the Import Licensing Agreement the Agreement on Agriculture the TRIMs Agreement and the GATS.
European Communities - Regime for the Importation, Sale and Distribution of Bananas
Complaints by Ecuador Guatemala Honduras Mexico and the United States. The complainants in this case other than Ecuador had requested consultations with the European Communities on the same issue on 28 September 1995 (DS16). After Ecuador’s accession to the WTO the current complainants again requested consultations with the European Communities on 5 February 1996. The complainants alleged that the European Communities’ regime for importation sale and distribution of bananas is inconsistent with Articles I II III X XI and XIII of the GATT 1994 as well as provisions of the Import Licensing Agreement the Agreement on Agriculture the TRIMs Agreement and the GATS.
India - Patent Protection for Pharmaceutical and Agricultural Chemical 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.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 26 January 1996 the United States requested consultations with the European Communities claiming that measures taken by the EC under the Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action restrict or prohibit imports of meat and meat products from the United States and are apparently inconsistent with Articles III or XI of the GATT 1994 Articles 2 3 and 5 of the SPS Agreement Article 2 of the TBT Agreement and Article 4 of the Agreement on Agriculture.
European Communities - Measures Concerning Meat and Meat Products (Hormones)
On 28 June 1996 Canada requested consultations with the European Communities regarding the importation of livestock and meat from livestock that have been treated with certain substances having a hormonal action under Article XXII of the GATT 1994 and the corresponding provisions in the SPS Agreement TBT Agreement and the Agreement on Agriculture. Canada alleges violation of Articles 2 3 and 5 of the SPS Agreement; Article III or XI of the GATT 1994; Article 2 of the TBT Agreement; and Article 4 of the Agreement on Agriculture.
Canada - Certain Measures Concerning Periodicals
On 11 March 1996 the United States requested consultations with Canada concerning certain measures prohibiting or restricting the importation into Canada of certain periodicals. The US claimed that the measures are in contravention of GATT Article XI. The US further alleged that the tax treatment of so-called “split-run” periodicals and the application of favourable postage rates to certain Canadian periodicals are inconsistent with GATT Article III.
United States - Measure Affecting Imports of Woven Wool Shirts and Blouses from India
On 30 December 1994 India requested consultations with the United States concerning the transitional safeguard measure imposed by the United States. India claimed that the safeguard measure is inconsistent with Articles 2 6 and 8 of the ATC.
Canada - Certain Measures Concerning Periodicals
On 11 March 1996 the United States requested consultations with Canada concerning certain measures prohibiting or restricting the importation into Canada of certain periodicals. The US claimed that the measures are in contravention of GATT Article XI. The US further alleged that the tax treatment of so-called “split-run” periodicals and the application of favourable postage rates to certain Canadian periodicals are inconsistent with GATT Article III.
Brazil - Measures Affecting Desiccated Coconut
On 27 November 1995 the Philippines requested consultations with Brazil in respect of a countervailing duty imposed by Brazil on the Philippine’s exports of desiccated coconut. The Philippines claimed that this duty was inconsistent with WTO and GATT rules.
United States - Restrictions on Imports of Cotton and Man-Made Fibre Underwear
On 22 December 1995 Costa Rica requested consultations with the United States concerning US restrictions on textile imports from Costa Rica. Costa Rica alleged that these restrictions were in violation of the ATC agreement.