Market access
India - Measures Concerning the Importation of Certain Agricultural Products
On 6 March 2012 the United States requested consultations with India with respect to the prohibitions imposed by India on the importation of various agricultural products from the United States purportedly because of concerns related to Avian Influenza. The measures at issue are: the Indian Livestock Importation Act 1898 (9 of 1898) ("Livestock Act"); a number of orders issued by India's Department of Animal Husbandry Dairying and Fisheries pursuant to the Livestock Act most recently S.O. 1663(E); as well as any amendments related measures or implementing measures.
Thaïlande - Mesures douanières et fiscales visant les cigarettes en provenance des Philippines
Le 17 juin 2011 l’Organe d’appel a publié son rapport dans l’affaire Thaïlande — Mesures douanières et fiscales visant les cigarettes en provenance des Philippines (WT/DS371/AB/R).
United States - Anti-Dumping Duty on Dynamic Random Access Memory Semiconductors (DRAMS) of One Megabit or above from Korea - Recourse 1
On 14 January 1998 the EC requested consultations with Argentina in respect of definitive anti-dumping measures allegedly imposed by Argentina on imports of drill bits from Italy. The EC stated that on 12 September 1998 Argentina imposed definitive anti-dumping measures on imports of drill bits from Italy. The investigation which led to the imposition of these measures had allegedly been initiated on 21 February 1997. The EC alleged that due to the fact that Argentina’s investigation exceeded 18 months it was in violation of Article 1 of the Anti-Dumping Agreement.
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines
On 7 February 2008 the Philippines requested consultations with Thailand concerning a number of Thai fiscal and customs measures affecting cigarettes from the Philippines. Such measures include Thailand's customs valuation practices excise tax health tax TV tax VAT regime retail licensing requirements and import guarantees imposed upon cigarette importers. The Philippines claims that Thailand administers these measures in a partial and unreasonable manner and thereby violates Article X:3(a) of the GATT 1994.
United States - Measures Affecting the Production and Sale of Clove Cigarettes
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.
Korea - Definitive Safeguard Measure on Imports of Certain Dairy Products
On 12 August 1997 the EC requested consultations with Korea in respect of a definitive safeguard measure imposed by Korea on imports of certain dairy products. The EC contended that under the provisions of different governmental measures Korea has imposed a safeguard measure in the form of an import quota on imports of certain dairy products. The EC considered that this measure is in violation of Articles 2 4 5 and 12 of the Agreement on Safeguard Measures as well as a violation of Article XIX of GATT 1994.
Estados Unidos - Pautas para la gasolina reformulada y convencional
El 29 de abril de 1996 el Órgano de Apelación hizo público el informe sobre el caso “Estados Unidos - Pautas para la gasolina reformulada y convencional”.
Japon - Taxes sur les boissons alcooliques
Le 11 juillet 1996 l’OMC a publié le rapport du Groupe spécial dans l’affaire “Japon - Taxes sur les boissons alcooliques”.
Ucrania - Medidas antidumping sobre el nitrato de amonio
El 20 de julio de 2018 la OMC hizo público el informe del Grupo especial sobre el caso “Ucrania - Medidas antidumping sobre el nitrato de amonio”.
United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China
On 11 May 2017 the WTO Appellate Body issued its report in the case “United States - Certain Methodologies and their Application To Anti-Dumping Proceedings Involving China”.
Ucrania - Medidas de salvaguardia definitivas sobre determinados vehículos automóviles para el transporte de personas
El 26 de junio de 2015 la OMC hizo público el informe del Grupo especial sobre el caso “Ucrania - Medidas de salvaguardia definitivas sobre determinados vehículos automóviles para el transporte de personas”.
Estados Unidos - Artículo 129(c)(1) de la Ley de los acuerdos de la Ronda Uruguay
El 15 de julio de 2002 la OMC hizo público el informe del Grupo especial sobre el caso “Estados Unidos - Artículo 129(c)(1) de la Ley de los Acuerdos de la Ronda Uruguay”.
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.
United States - Import Measures on Certain Products from the European Communities
On 4 March 1999 the EC requested consultations with the US in respect of the US decision effective as of 3 March 1999 to withhold liquidation on imports from the EC of a series of products together valued at over $500 million on an annual basis and to impose a contingent liability for 100% duties on each individual importation of affected products. On 2 March 1999 the arbitrators charged with determining the level of suspension of concessions requested by the United States in response to the failure by the EC to implement the recommendations of the DSB in respect of the EC’s banana regime (WT/DS27) had asked for additional data from the parties and informed the parties that they were unable to issue their report within the 60-day period envisaged by the DSU. The EC contends that the measure made effective by the US as of 3 March 1999 deprives EC imports into the United States of the products in question of the right to a duty not in excess of the rate bound in the US Schedule. The EC further contended that by requiring the deposit of a bond to cover the contingent liability for 100% duties US Customs effectively impose 100% duties on each individual importation. The EC alleged violations of Articles 3 21 22 and 23 of the DSU and Articles I II VIII and XI of GATT 1994. The EC also alleged nullification and impairment of benefits under GATT 1994 as well as the impediment of the objectives of the DSU and GATT 1994. The EC had requested urgent consultations pursuant to Article 4.8 of the DSU.
Korea - Taxes on Alcoholic Beverages
On 4 April 1997 the EC requested consultations with Korea in respect of internal taxes imposed by Korea on certain alcoholic beverages pursuant to its Liquor Tax Law and Education Tax Law. The EC contended that the Korean Liquor Tax Law and Education Tax Law appear to be inconsistent with Korea’s obligations under Article III:2 of GATT 1994. On 23 May 1997 the US requested consultations with Korea in respect of the same measures complained of by the EC. The US also alleged violations of Article III:2.
United States - Import Measures on Certain Products from the European Communities
On 4 March 1999 the EC requested consultations with the US in respect of the US decision effective as of 3 March 1999 to withhold liquidation on imports from the EC of a series of products together valued at over $500 million on an annual basis and to impose a contingent liability for 100% duties on each individual importation of affected products. On 2 March 1999 the arbitrators charged with determining the level of suspension of concessions requested by the United States in response to the failure by the EC to implement the recommendations of the DSB in respect of the EC’s banana regime (WT/DS27) had asked for additional data from the parties and informed the parties that they were unable to issue their report within the 60-day period envisaged by the DSU. The EC contends that the measure made effective by the US as of 3 March 1999 deprives EC imports into the United States of the products in question of the right to a duty not in excess of the rate bound in the US Schedule. The EC further contended that by requiring the deposit of a bond to cover the contingent liability for 100% duties US Customs effectively impose 100% duties on each individual importation. The EC alleged violations of Articles 3 21 22 and 23 of the DSU and Articles I II VIII and XI of GATT 1994. The EC also alleged nullification and impairment of benefits under GATT 1994 as well as the impediment of the objectives of the DSU and GATT 1994. The EC had requested urgent consultations pursuant to Article 4.8 of the DSU.
Brazil - Measures Affecting Imports of Retreaded Tyres
On 20 June 2005 the European Communities requested consultations with Brazil on the imposition of measures that adversely affect exports of retreaded tyres from the EC to the Brazilian market.
Chili - Système des fourchettes de prix et mesures de sauvegarde appliquées à certains produits agricoles
Le 23 septembre 2002 l’Organe d’appel a publié son rapport sur l’affaire “Chili - Système des fourchettes de prix et mesures de sauvegarde appliquées à certains produits agricoles”.
European Communities - Trade Description of Sardines
On 20 March 2001 Peru requested consultations with the EC concerning Regulation (EEC) 2136/89 which according to Peru prevents Peruvian exporters to continue to use the trade description “sardines” for their products. Peru submitted that according to the relevant Codex Alimentarius standards (STAN 94-181 rev. 1995) the species “sardinops sagax sagax” are listed among those species which can be traded as “sardines”. Peru therefore considered that the above Regulation constitutes an unjustifiable barrier to trade and hence in breach of Articles 2 and 12 of the TBT Agreement and Article XI:1 of GATT 1994. In addition Peru argues that the Regulation is inconsistent with the principle of non-discrimination and hence in breach of Articles I and III of GATT 1994.
Estados Unidos - Trato fiscal aplicado a las “empresas de ventas en el extranjero” - Recurso 1
El 14 de enero de 2002 el Órgano de Apelación hizo público el informe sobre el caso “Estados Unidos - Trato fiscal aplicado a las “empresas de ventas en el extranjero” - Recurso”.