Panel Reports

On 12 April 2013, Guatemala requested consultations with Peru with respect to the imposition by Peru of an “additional duty” on imports of certain agricultural products, such as rice, sugar, maize, milk and certain dairy products. Guatemala claims that the measure at issue is inconsistent with: - Article 4.2 and footnote 1 of the Agreement on Agriculture; - Articles II:1(a), II:1(b), X:1, X:3(a), XI and XI:1 of the GATT 1994; and - Articles 1, 2, 3, 5, 6 and 7 of the Customs Valuation Agreement.

On 21 August 2012, Japan requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods. Japan challenges: (i) the requirement to present for approval of a non-automatic import licence: Declaración Jurada Anticipada de Importación (DJAI); (ii) non-automatic licences required in the form of Certificados de Importación (CIs) for the importation of certain goods; (iii) requirements imposed on importers to undertake certain trade-restrictive commitments; and (iv) the alleged systematic delay in granting import approval or refusal to grant such approval, or the grant of import approval subject to importers undertaking to comply with certain allegedly trade-restrictive commitments.

On 12 April 2012, India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India (“subject goods”).

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.

On 1 December 2008, Canada requested consultations with the United States concerning certain mandatory country of origin labelling (COOL) provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill and as implemented through an Interim Final Rule of 28 July 2008. These include the obligation to inform consumers at the retail level of the country of origin in respect of covered commodities, including beef and pork. The eligibility for a designation of a covered commodity as exclusively having a US origin can only be derived from an animal that was exclusively born, raised and slaughtered in the United States. This would exclude such a designation in respect of beef or pork derived from livestock that is exported to the United States for feed or immediate slaughter.

On 25 July 2011, the European Union requested consultations with China concerning the imposition of definitive anti-dumping duties on x-ray security inspection equipment from the European Union, pursuant to China's Ministry of Commerce Notice No. 1(2011), including its Annex. The European Union claims that the measure is inconsistent with various provisions of the Anti–Dumping Agreement related to the process of the anti-dumping investigation (including failure to provide access to relevant information and insufficient explanation of the basis for the determinations) as well as the anti–dumping determination at issue (absence of objective examination of the effect of the dumped imports on prices in the domestic market and absence of objective determination of causality). The European Union considers that the measure is inconsistent with Articles 2.4, 3.1, 3.2, 3.4, 3.5, 6.1, 6.2. 6.4, 6.5, 6.9, 12.2.2 of the Anti-Dumping Agreement, and Articles VI:1 and VI:6(a) of the GATT 1994.

On 28 February 2011, China requested consultations with the United States regarding the latter's anti-dumping measures on certain frozen warmwater shrimp from China. China alleged that the US Department of Commerce's (“USDOC”) use of zeroing in the original investigation and several administrative reviews to calculate dumping margins for the subject imports is inconsistent with the United States' obligations under Article VI:1 and VI:2 of the GATT 1994 and Articles 1, 2.1, 2.4, 2.4.2, 5.8, 9.2, 9.3, and 9.4 of the Anti-Dumping Agreement. China further asserted that the USDOC's reliance, in the sunset review, on the dumping margins calculated in the original investigation and administrative reviews is inconsistent with the United States' obligations under Article 11.3 of the Anti-Dumping Agreement.

On 15 September 2010, the United States requested consultations with China with respect to measures imposing countervailing duties and anti-dumping duties on grain oriented flat-rolled electrical steel (“GOES”) from the United States as set forth in Ministry of Commerce of the People's Republic of China (“MOFCOM”) Notice No. 21 [2010], including its annexes. The subsidy that China determined to confer a benefit are the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009 and also State government procurement laws. The United States alleged that China appears to be acting inconsistently with its obligations under: - Articles 10, 11.2, 11.3, 12.3, 12.4.1, 12.7, 12.8, 15.1, 15.2, 15.5, 19, 22.2(iii), 22.3 and 22.5 of the SCM Agreement, - Articles 1, 3.1, 3.2, 3.5, 6.9 and 12.2 of the Anti-Dumping Agreement; and - Article VI of the GATT 1994.

On 11 August 2011, the European Union requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).