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United States – Certain Country of Origin Labelling (Cool) Requirements (US–Cool, Article 22.6 – United States), DS384/DS386

Published online by Cambridge University Press:  01 June 2016

Geoffrey Carlson*
Affiliation:
Works in the WTO Secretariat but writes in a wholly personal capacity

Extract

On 29 May 2015, the Dispute Settlement Body (DSB) adopted the Article 21.5 Appellate Body reports in these disputes, and the reports of the compliance panel as modified by the Appellate Body. The findings adopted by the DSB were that the United States' amended country of origin labelling (COOL) requirements violated Article 2.1 of the TBT Agreement and Article III:4 of the GATT 1994 because they continued to accord less favourable treatment to imported livestock than to like domestic livestock. Thereafter, Canada and Mexico both filed requests with the DSB for authorization to suspend concessions or other obligations under Article 22.2 of the DSU. Canada and Mexico sought authorization to suspend concessions and related obligations in the goods sector under the GATT 1994 to an annual value of CAD3.068 billion and USD713 million, respectively. The mandate of the Arbitrator in these proceedings was to ‘determine whether the level of such [proposed] suspension is equivalent to the level of nullification or impairment' to Canada and Mexico.

Type
Case Summaries
Copyright
Copyright © Geoffrey Carlson 2016 

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References

1 Decisions by the Arbitrator, US–COOL (Article 22.6 – United States) paras. 1.1–1.6.

2 Ibid. para. 4.1 (citing Article 22.7 of the DSU).

3 Ibid. paras. 2.2–2.3.

4 Ibid. paras. 2.4–2.7.

5 Ibid. para. 2.18.

6 Ibid. para. 2.21.

7 Ibid. para. 3.2.

8 Ibid. para. 5.2 (quoting United States' written submission, para. 122).

9 Ibid. para. 5.27.

10 Ibid. paras. 7.1 (for DS384) and 7.1 (for DS386).