WORLD TRADE  
ORGANIZATION   
WT/DS447/1 
G/L/998 
G/SPS/GEN/1186 4 September 2012 
 
 
(12-4749) 
 Original:   Spanish 
  
 
UNITED STATES - MEASURES AFFECTING THE IMPORTATION OF ANIMALS,  
MEAT AND OTHER ANIMAL PRODUCTS FROM ARGENTINA 
 
Request for Consultations by Argentina 
 
 
 The following communication, dated 30 August 2012, from the delegation of Argentina to the delegation of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU.  
_______________ 
 
  My authorities have instructed me to request  consultations with the Government of the 
United States pursuant to Articles 1 and 4 of the WTO Understanding on Rules and Procedures 
Governing the Settlement of Disputes , Article XXIII of the General Agreement on Tariffs and 
Trade 1994  (GATT 1994), and Article 11 of the Agreement on the Application of Sanitary and 
Phytosanitary Measures  (SPS Agreement), concerning United States measures affecting the 
importation of animals, meat and other animal  products from Argentina, as described below. 
 Prohibition of the import of fresh (chilled or frozen) bovine meat 
  For more than ten years, the United States h as maintained the prohibition on imports of fresh 
(chilled or frozen) bovine meat from Argentina, as c ontained in the provisional and final regulations 
of the Animal and Plant Inspection Service (APH IS), amending the regulations established in the 
Code of Federal Regulations (CFR), Title 9, Part 94 (9 CFR-Part 94) [Docket No. 01-032-2] 
published in the Federal Register on 4 June 20 01 (66 FR, 29897-29899) and 11 December 2001 
(66 FR, 63911), respectively.  The maintenance of that prohibition lacks scientific justification in 
view of the reinstatement, internationally, of Ar gentina's sanitary status as a zone free of foot-and-
mouth disease (FMD).   At the same time, the United States imposes a general import prohibition, as contained in 
Title 9, Part 94.1(b) of the CFR, on fresh (chille d or frozen) meat from Argentina, with no scientific 
justification.  This import ban is a consequence of  the US failure to recognize the territory of the 
Argentine Republic as a foot-and-mouth disease-fr ee zone.  Argentina is recognized by the 
World Organisation for Animal Health (OIE) as  a foot-and-mouth disease-free zone.  The region 
located south of parallel 42° S (South Patagonia) h as been recognized by the OIE since May 2002 as a 
foot-and-mouth disease-free zone without vaccination and this region was extended to the Rio Negro 
(Patagonia North B) in May 2007, pursuant to Resolution No. XXI adopted during the 75
th General Session of the OIE International Committee.  The remainder of that country has been WT/DS447/1 
G/L/998 G/SPS/GEN/1186 
Page 2 
  
  recognized by the OIE as an FMD-free zone with vaccination since May 2007
1, when the status it had 
enjoyed since July 2003 was reinstated.  
 The United States failure to recognize the zone of Argentine territory recognized 
internationally as FMD-free without vaccination lack s scientific justification, as does the continued 
application of the general prohibition based on that lack of recognition. 
  Regarding the zone of Argentine territory  where vaccination is practised, Argentina 
considers that the US prohibition
2 on imports of fresh (chilled and frozen) meat from areas recognized 
as FMD-free with vaccination lacks scientific justif ication, according to international standards of 
sanitary protection, and represents a disproportionate me asure in relation to a risk which is negligible 
given that appropriate mitigati on measures have been taken. 
 
 Moreover, even on the basis of the level of sanitary protection determined by the 
US authorities, the prohibition applied entails a greater degree of restriction on trade than is necessary to achieve the said level of protection.   In fact, imports of fresh (chilled or frozen) bovine meat from the whole of Argentina were allowed into the United States from 1997, when Arge ntina was considered an FMD-free zone with 
vaccination.  Paradoxically, imports of these products  are currently prohibited in the United States, 
even though not only has Argentina's international h ealth status as an FMD-free zone with vaccination 
been reinstated, but part of the country is r ecognized by the OIE as an FMD-free zone with 
vaccination.  
Failure to recognize the FMD-free zone comp rising the regions of South Patagonia and 
Patagonia North B3 
 
 Argentina also questions the United States' app lication of prohibitions on imports of animals, 
meat and other animal products, as contained in Title 9, Part 94 of the CFR, as a consequence of its 
failure to recognize the FMD-free zone made up of the regions of South Patagonia and 
Patagonia North B.  This lack of recognition and th e consequent ban on imports of the products in 
question is being maintained, without scientific jus tification, despite the fact that this region was 
recognized more than ten years ago (May 2002) by  the OIE as an FMD-free zone where vaccination is 
not practised.  
 In this connection, Argentina considers th at the general requirement contained in the 
Notice of Policy titled APHIS Policy Regarding Importation of Animals and Animal Products , 
published in the Federal Register of 28 October 1997 (Vol. 62, No. 208, 56027-56033), which lays 
down conditions for the recognition of a zone as FMD-free without vaccination in the country in 
question, lacks scientific justification.  
In addition, the United States is in violation of  its obligation to adapt the sanitary measure to 
the characteristics of the area of origin of the products. 
                                                      
1 Resolution No. XXI adopted by the International Committee of the OIE during the 
75th General Session, 20-25 May 2007 and Resolution No. 14 adopted by the World Assembly of Delegates of 
the OIE during the 79th General Session (22-27 May 2011). 
2 APHIS Policy Regarding Importation of Animals and Animal Products , published in the 
Federal Register of 28 October 1997 (Volume 62, No. 208, 56027-56033). 
3 Zone located south of parallel 42º S, extended up to the Rio Negro in accordance with 
OIE Resolution XXI.  WT/DS447/1 
 G/L/998 
 G/SPS/GEN/1186 
 Page 3 
  
   The United States also discriminates between Argentina and other WTO Members with 
regard to the recognition of FMD-free zones.  
Undue delays in approval procedures 
 
 Furthermore, the United States has been guilt y of undue delays in the procedures under the 
Code of Federal Regulations (CFR), Title 9, Part  92.2, regarding recognition of the animal health 
status of a region, or the appr oval of exports of animals or an imal products from that region.  
Such undue delays have occurred with regard to  both procedures for the approval of imports of 
fresh (chilled and frozen) bovine meat from Argent ina and the recognition of the FMD-free zone 
comprising South Patagonia and Patagonia North B.   In both cases, the United States itself has rec ognized in the WTO that the corresponding risk 
analyses have been completed. 
  What is more, the United States has confirmed that "imports of ruminants and ruminant products from Argentina entail a negligible ri sk of foot-and-mouth disease".  In 2007 the 
United States had already published in the Federa l Register and notified to the WTO a proposed 
amendment to the corresponding regulation for the purpose of authorizing imports from the zone 
located south of parallel 42º S, which was decl ared free from foot-and-mouth disease.  Since then, 
no new sanitary events relating to  foot-and-mouth disease have take n place anywhere in Argentina, 
nor has the United States requested fresh inform ation or compliance with additional technical 
regulations.  
 In addition, the Omnibus Appropriations Act of 2009 (H.R. 1105, 111
th Congress), 
Article 737, imposes conditions, without any scientific justification or risk analysis, on APHIS activities for the importation into the United St ates of ruminants or swine, or any other fresh 
(including chilled or frozen) meat or  products of any ruminant or swine born, reared or slaughtered in 
Argentina.  The conditions laid down in that law are in violation of most-favoured-nation status and 
also violate the US obligation to ensure that the pr ocedures established in the CFR, Title 9, Part 92.2, 
are fulfilled without undue delays and in a manner no less favourable for Argentine products than for 
US products.   The United States has also failed to e xplain the delays that have occurred. 
 
 In view of the foregoing, the US measures would be inconsistent with that country's 
obligations under the following rules of the covered agreements:   (i) Articles I:1, III:4, XI:1 of the GATT 1994;  
(ii) Articles I.1, 2.2 2.3, 3.1, 3.3, 5.1, 5. 2, 5.4, 5.6, 6.1, 6.2, 8 and Annex C.1 and 
Article 10.1 of the SPS Agreement; 
 
(iii) Article XVI.4 of the Marrakesh Ag reement Establishing the World Trade 
Organization. 
 
 The United States measures would nullify or im pair the benefits accruing to Argentina, 
directly or indirectly, unde r the covered agreements. 
 WT/DS447/1 
G/L/998 G/SPS/GEN/1186 
Page 4 
  
   Argentina reserves the right to include rules related to or amending those referred to in this 
request for consultations, as well as to increase the claims relating thereto, in the course of the 
consultations. 
 
 Argentina looks forward to a favourable res ponse to this request for consultations and 
expresses its readiness to coordinate a mutually convenient date and place for the consultations. 
 
__________