# WTO Dispute Settlement Proceeding Regarding AustraliaMeasures Affecting the Importation of Salmonids

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-32029

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 10, 1999
- **Citation:** 64 FR 69318

## Text

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]
BILLING CODE 3190-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-32029. Public record. Not legal advice.