WT/DS381/44  
12 May 2017 
(17-2571) Page: 1/2 
 Original:  Spanish  
 
  UNITED STATES – MEASURES CONCERNING THE IMPORTATION,  
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS  
RECOURSE TO ARTICLE 22.7 OF THE DSU BY MEXICO  
The following communication, dated 1 1 May 2017, from the delegation of Mexico to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.7 of the DSU . 
 
_______________  
 
 
Upon instruction from my authorities, I hereby request that the following item be included in the 
agenda of the regular meeting of the Dispute Settlement Body (DSB) of 2 2 May 2017: 
United States  – Measures Concerning the Importation, Marketing  
and Sale of Tuna and Tuna Products (DS381) . 
– Request by Mexico to s uspend obligations in conform ity with  
Article 22.7 of the DSU.  
On 13 June 2012, the DSB adopted the Appellate Bod y Report an d the modified Panel Report . 
In those reports, it was found that the US " dolphin safe " labelling provisions were  inconsistent with 
Article  2.1 of the Agreement on Technical Barriers to Trade (TBT Agreement) . The DSB 
recommended that the United S tates bring the measure into conformity with its obligations.  
In this connection, the United States informed the DSB that i t intended to implement the 
DSB recommendations and rulings . On 9 July 2013, the United States published in its Federal 
Register a Fi nal Rule entitled "Enhanced Document Requirements to Support Use of the Dolphin 
Safe Label on Tuna Products" (2013 Final Rule) . In Mexico's view, that rule did not bring the 
United States into compliance with the recommendations and rulings of the DSB, and  Mexico 
therefore initiated a proceeding under Article 21.5 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU) . In its panel request , Mexico indicated that the 
"measure taken to comply with the recommendations and rulin gs" of the DSB, hereinafter referred 
to as the "amended tuna measure", comprises : (i) Section 1385 ("Dolphin Protection Consumer 
Information Act"), as contained in Subchapter II ("Conservation and Protection of Marine 
Mammals") of Chapter 31 ("Marine Mamma l Protection"), in Title 16 of the US Code ; (ii) US Code 
of Federal Regulations, Title 50, Part 216, Subpart H ("Dolphin Safe Tuna Label ing"), as 
amended  by the 2013 Final Rule ; (iii) The ruling in Earth Island Institute v . Hogarth, 494 F.3d 757 
(9th Cir. 2007) ; (iv) Any implementing guidance, directives, policy announcements or any other 
document issued in relation to instruments (i) through (iii) above, including any modifications or 
amendments in relation to those instruments.1   
On 14 April 2015, the Compliance Panel found that the amended tuna measure was inconsistent 
with Article 2.1 of the TBT Agreement and Articles I:1 and II I:4 of the General Agreement 
on Tariffs and Trade 1994 (GATT 1994) , and that it was not justified und er Arti cle XX of the 
GATT  1994. The Appellate Body Report circulated to WTO Members on 2 0 November  2015 upheld 
the Panel's findings that the measure was inconsistent with Article 2.1 of the TBT Agreement 
and Articles I:1 and III:4 of the GATT 1994, and tha t it was not justified under Article XX of 
                                                
1 WT/DS381/20.  WT/DS381/44  
- 2 - 
  the GATT 1994 . On 3 December  2015, the DSB adopted the Article 21.5 Appellate Body Report 
and the Compliance Panel Report, as modifie d by the Appellate Body Report.  
On 10 March  2016, in accordance with Article 22 of the DSU and the "Understand ing between 
the United States and Mexico Regarding Procedures under Articles 21 and 22 of the DSU"2, Mexico 
requested authorization from the DSB to suspend the application to the United States of tariff 
concessions and other r elated obligations in the goods sector under the GATT 1994.3 
On 22 March  2016, the United States objected to the level of suspension of concessions or other 
obligations under the GATT 1994 proposed by Mexico.4 
Consequently, in accordance with the provision s of Article 22.6 of the DSU, the matter was 
referred to arbitration . 
The Arbitrator issued its decision of 25 April 20175, in which it determined the level of nullification 
or impairment caused to Mexico by the 2013 Tuna Measure.  
In accordance with Articl e 22.7, Mexico requests authorization from the DSB to suspend the 
application to the United States of tariff concessions and other related obligations in the goods 
sector under the GATT 1994 in an amount of US$163.23  million  per annum.  
Mexico will implemen t the suspension of tariff concessions and other related obligations by 
increasing import tariffs on goods from the United States in a manner consistent with Article 22.3 
of the DSU.  
Mexico will submit the details of this measure at the earliest possible d ate. 
Finally, I request that this communication be circulated to all Members.  
__________  
                                                
2 WT/DS381/19 . 
3 WT/DS381/29 . 
4 WT/DS381/30.  
5 WT/DS381/ARB.