WTO Dispute Settlement Proceeding Regarding AustraliaMeasures Affecting the Importation of Salmonids

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-21]

WTO Dispute Settlement Proceeding Regarding Australia--Measures

Affecting the Importation of Salmonids

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The Office of the United States Trade Representative

(``USTR'') is providing notice of the United States' request for the

establishment of a dispute settlement panel under the Marrakesh

Agreement Establishing the World Trade Organization (``WTO'') to

examine Australia's measures affecting the importation of salmonids. In

this dispute, the United States alleges that Australia's measures are

inconsistent with its obligations under the Agreement on the

Application of Sanitary and Phytosanitary Measures (``SPS Agreement'')

and the General Agreement on Tariffs and Trade 1994 (``GATT 1994'').

FOR FURTHER INFORMATION CONTACT: Marjorie Florestal, Assistant General

Counsel, (202) 395-3581 or Betsy Stillman, Special Advisor for Asia and

Pacific Affairs, (202) 395-9543.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay

Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing

notice that on June 16, 1999, the WTO Dispute Settlement Body (``DSB'')

established a panel to review the Australian measure on imports of

salmonids at the request of the United States. A panel was composed for

this purpose on August 2, 1999, but was suspended at the United States'

request on November 5, 1999, because the panelists are currently

engaged in a related dispute brought by Canada and will examine the

U.S. complaint after they have completed their work in the Canadian

dispute. Once the panelists are prepared to examine the U.S. dispute,

USTR will issue a notice with request for written comments from the

public.

Major Issues Raised and Legal Basis of the Complaint

Australia currently maintains certain prohibitions on imports of

fresh, chilled, or frozen salmonids, which the United States believes

is inconsistent with Australia's obligations under Articles 2, 5, 7 and

8 of the SPS Agreement and Article XI of the GATT 1994.

The Australian measure already has been the subject of a panel

proceeding brought by Canada in Australia--Measures Affecting

Importation of Salmon (WT/DS18/R, WT/DS18/AB/R), and the DSB adopted

findings that the ban is inconsistent with Articles 2.2, 2.3, 5.1 and

5.5 of the SPS Agreement. The United States was a third party in that

dispute.

On July 19, thirteen days after the reasonable period of time for

implementation of the DSB's rulings had expired, Australia announced a

new quarantine policy for salmonids and other finfish, designed to

implement the WTO panel and Appellate Body reports. The new policy

maintains certain restrictions on salmon imports that do not appear to

be based on science, including, among other things, differing

requirements for ``consumer-ready'' imports that are based on the size

of the product concerned.

On November 17, 1995, the United States requested consultations

with Australia regarding its import prohibition pursuant to Article 4

of the Understanding on Rules and Procedures Governing the Settlement

of Disputes, Article XXII of the GATT 1994 and Article 11 of the SPS

Agreement. Consultations were held on December 13, 1995, but failed to

settle the dispute.

A. Jane Bradley,

Assistant U.S. Trade Representative for Monitoring and Enforcement.

[FR Doc. 99-32029 Filed 12-9-99; 8:45 am]

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