WORLD TRADE
ORGANIZATIONWT/DS26/19
18 May 1999
(99-2091)
Original:  English
EUROPEAN COMMUNITIES - MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Recourse by the United States to Article 22.2 of the DSU
The following communication, dated 17 May 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.2of the DSU.
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Pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes  (“DSU ”), the United States requests authorization from the Dispute Settlement
Body (“DSB”) to suspend the application to the European Communities (“EC”), and member States
thereof, of tariff concessions and related obligations under the  General Agreement on Tariffs and
Trade 1994  (“GATT 1994”), covering trade in an amount of US$202 million.  This level of
suspension is equivalent to the level of nullification or impairment of benefits accruing to the United
States that results from the EC’s failure to bring its measures concerning meat and meat products into
compliance, by 13 May 1999, with the Agreement on the Application of Sanitary and Phytosanitary
Measures  (the “SPS Agreement”) or to otherwise comply with the recommendations and rulings of
the DSB in EC Measures Concerning Meat and Meat Products  (Hormones) .
The EC’s Failure to Implement the DSB’s Recommendations and Rulings
On 20 May 1996, the DSB established a panel at the request of the United States to examine
EC measures concerning meat and meat products (“hormones measures ”).  Both the panel and the
Appellate Body in this dispute found the hormones measures to violate the SPS Agreement.  On
13 February 1998, the DSB adopted the Appellate B ody report (WT/DS26/AB/R) and the report of
the panel (WT/DS26/R/USA), as modified by the Appellate Body report.  The resulting DSB
recommendations and rulings include, inter alia, the recommendation that the EC bring the hormones
measures found to be inconsistent with the SPS Agr eement into conformity with its obligations under
that agreement (WT/DS26/AB/R, para. 255; WT /DS26/R/USA, para. 9.2).  A WTO-appointed
arbitrator subsequently determined that the “reasonable period of time” for the EC to implement theDSB recommendations and rulings would expire on 13 May 1999.  The EC has failed to implement
the recommendations and rulings of the DSB with respect to its hormones measures by that date.
Therefore, the United States is entitled to redress under Article 22 of the DSU.
U.S. Recourse to Article 22.2 of the DSU
The EC’s failure to bring its measures concerning meat and meat products into compliance
with the SPS Agreement, or to otherwise comply with the recommendations and rulings of the DSB in
this matter, results in a loss in U.S. exports of US$202 million.  In accordance with Article 22.2, the
United States is requesting authorization from the DSB, at a meeting requested for 3 June 1999, tosuspend the application to the EC, and member States thereof, of tariff concessions and related
obligations under the GATT 1994, covering trade in an amount of US$202 million.WT/DS26/19
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In considering what concessions to suspend, the United States applied the principles and
procedures set forth in Article 22.3 of the DSU, and makes this request pursuant to Article 22.3(a).
As required by Article 22.4 of the DSU, the level of suspension proposed is equivalent on an annual
basis to the nullification or impairment of benefits accruing to the United States, resulting from theEC’s failure to comply with th e DSB’s recommendations and rulings.
The United States intends to implement this suspension of tariff concessions and related
obligations under the GATT 1994 by directing the U.S. Customs Service to impose duties in excess of
bound rates on a list of products to be drawn from the list attached to this request.  The trade value of
the final list of products subject to increased duties will be equivalent, on an annual basis, to US$202
million.WT/DS26/19
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  ATTACHMENT
Note:  The product descriptions supplied below for the items of the Harmonized Tariff Schedule of
the United States (“HTS”) are for the convenience of the reader and are not intended to delimit in anyway the scope of the products that would be subject to increased duties.
HTS Description
0201  MEAT OF BOVINE ANIMALS, FRESH OR CHILLED
0202  MEAT OF BOVINE ANIMALS, FROZEN
0203  MEAT OF SWINE (PORK), FRESH, CHILLED OR FROZEN
0206 EDIBLE OFFAL OF BOVINE ANIMALS, SWINE, SHEEP, GOATS, HORSES ETC.,
FRESH, CHILLED OR FROZEN
0207  MEAT AND EDIBLE OFFAL OF POULTRY (CHICKENS, DUCKS, GEESE,
TURKEYS AND GUINEAS), FRESH, CHILLED OR FROZEN
02101100 Hams, shoulders and cuts thereof with bone in, salted, in brine, dried or smoked
02101200 Bellies (streaky) and cuts thereof of swine, salted, in brine, dried or smoked
02102000 Meat of bovine animals, salted, in brine, dried or smoked
02109020 Meat and edible offal of chickens, ducks, geese, turkeys and guineas, salted, in brine, dried
or smoked; flour and meal of these animals
02109040 Meat and edible offal nesoi, salted, in brine, dried or smoked; flour and meal, nesoi
04064020 Roquefort cheese in original loaves, not grated or powdered, not processed
04064040 Roquefort cheese, other than in original loaves, not grated or powdered, not processed
05040000 Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof
06039000 Cut flowers and flower buds, suitable for bouquets or ornamental purposes, dried, dyed,
bleached, impregnated or otherwise prepared
06049100 Foliage, branches and other parts of plants without flowers or flower buds, and grasses,
suitable for bouquets or ornamental purposes, fresh
06049930 Foliage, branches, parts of plants without flowers or buds, and grasses, suitable for bouquets
or ornamental purposes, dried or bleached
07020020 Tomatoes, fresh or chilled, entered during Mar.1 to July 14, or the period Sept.1 to Nov.14
in any year
07020040 Tomatoes, fresh or chilled, entered during July 15 to Aug.31 in any year
07020060 Tomatoes, fresh or chilled, entered from Nov. 15 thru the last day of Feb. of the following
year
07031040 Onions, other than onion sets or pearl onions not over 16 mm in diameter, and shallots, fresh
or chilled
07095200 Truffles, fresh or chilled
07129010 Dried carrots, whole, cut, sliced, broken or in powder, but not further prepared
07129074 Dried tomatoes, in powder
07129078 Dried tomatoes, whole, cut, sliced or broken but not further prepared
08024000 Chestnuts, fresh or dried, shelled or in shell
09042020 Paprika, dried or crushed or ground
10040000 Oats
11041200 Rolled or flaked grains of oats
11042200 Grains of oats, hulled, pearled, clipped, sliced, kibbled or otherwise worked, but not rolled
or flaked
15059000 Fatty substances derived from wool grease (including lanolin)
1601 SAUSAGES AND SIMILAR PRODUCTS, OF MEAT, MEAT OFFAL OR BLOOD;
FOOD PREPARATIONS BASED ON THESE PRODUCTS
16021000 Homogenized preparations of meat, meat offal or blood, nesoiWT/DS26/19
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16022020 Prepared or preserved liver of goose
16022040 Prepared or preserved liver of any animal other than of goose
16023100 Prepared or preserved meat or meat offal of turkeys, nesoi
16023200 Prepared or preserved meat or  meat offal of chickens, nesoi
16023900 Prepared or preserved meat or meat of fal of ducks, geese or guineas, nesoi
16024110 Prepared or preserved pork ham and cuts thereof, containing cereals or vegetables
16024120 Pork hams and cuts thereof, not containing cereals or vegetables, boned and cooked and
packed in airtight containers
16024190 Prepared or preserved pork hams and cuts thereof, not containing cereals or vegetables,
nesoi
16024220 Pork shoulders and cuts thereof, boned and cooked and packed in airtight containers
16024240 Prepared or preserved pork shoulders and cuts thereof, other than boned and cooked and
packed in airtight containers
16024910 Prepared or preserved pork offal, including mixtures
16024920 Pork other than ham and shoulder and cuts thereof, not containing cereals or vegetables,
boned and cooked and packed in airtight containers
16024940 Prepared or preserved pork, not containing cereals or vegetables, nesoi
16024960 Prepared or preserved pork mixed with beef
16024990 Prepared or preserved pork, nesoi
16025005 Prepared or preserved offal of bovine animals
16025009 Prepared or preserved meat of bovine animals,  cured or pickled, not containing cereals or
vegetables
16025010 Corned beef in airtight containers
16025020 Prepared or preserved beef in airtight containers, other than corned beef, not containing
cereals or vegetables
16025060 Prepared or preserved meat of bovine animals,  not containing cereals or vegetables, nesoi
16025090 Prepared or preserved meat of bovine animals, containing cereals or vegetables
17041000 Chewing gum, not containing cocoa, whether or not sugar-coated
17049025 Sugar confectionary cough drops, not containing cocoa
18063100 Chocolate and other cocoa preparations, in blocks, slabs or bars, filled, not in bulk
19054000 Rusks, toasted bread and similar toasted products
20021000 Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid
20029040 Tomatoes, in powder, prepared or preserved otherwise than by vinegar or acetic acid
20029080 Tomatoes (including paste and puree) prepar ed or preserved otherwise than by vinegar or
acetic acid, nesoi
20079905 Lingonberry and raspberry jams
20083042 Satsumas, prepared or preserved, in airtight containers, aggregate quantity n/o 40,000 metric
tons/calendar yr
20083046 Satsumas, prepared or preserved, in airtight containers, aggregate quantity o/40,000 metric
tons/calendar yr
20084000 Pears, otherwise prepared or preserved, nesoi
20087000 Peaches (excluding nectarines), otherwise prepared or preserved, nesoi
20096000 Grape juice (including grape must), concentrated or not concentrated
20098060 Juice of any other single fruit, nesoi, (including cherries and berries), concentrated or not
concentrated
20099040 Mixtures of fruit juices, or mixtures of vegetable and fruit juices, concentrated or not
concentrated
21013000 Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates
thereof
21033040 Prepared mustard
121041000 Soups and broths and preparations thereforWT/DS26/19
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22011000 Mineral waters and aerated waters, not containing added sugar or other sweetening matter
nor flavored
23099010 Mixed feed or mixed feed ingredients used in animal feeding
35061050 Products suitable for use as glues or adhesives, nesoi, not exceeding 1 kg, put up for retail
sale
55041000 Artificial staple fibers, not carded, combed or otherwise processed for spinning, of viscose
rayon
55101100 Yarn (other than sewing thread) containing 85% or more by weight of artificial staple fibers,
singles, not put up for retail sale
85102000 Hair clippers, with self-contained electric motor
87112000 Motorcycles (incl. mopeds) and cycles, fitted w/recip. internal-combustion piston engine
w/capacity o/50 but n/o 250 cc
87113000 Motorcycles (incl. mopeds) and cycles, fitted w/recip. internal-combustion piston engine
w/capacity o/250 but n/o 500 cc
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