. /.  WORLD TRADE  
ORGANIZATION  WT/DS323/2 
7 February 2005 
 
 (05-0501) 
 Original:   English 
  
 
 
JAPAN – IMPORT QUOTAS ON DRIED LAVER AND SEASONED LAVER 
 
Request for the Establishment of a Panel by Korea
 
 
 
 The following communication, dated 4 February 2005, from the delegation of Korea to the Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 6.2 of the DSU. 
 
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  On 1 December 2004, the Government of the Re public of Korea requested consultations with 
the Government of Japan pursuant to Article 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU), Artic le XXIII:1 of the General Agreement on Tariffs 
and Trade 1994 (GATT 1994), Article 19 of the Agre ement on Agriculture, and Article 6 of the 
Agreement on Import Licensing Procedures (Licensing Agreement) regarding Japan's import quotas 
on dried laver (1212.20-1-(1)) and seasoned laver ( 2106.90-2-(2)-E-(b)).  Korea and Japan held 
consultations on 23 December 2004 and 21 January 2005, but these consultations have failed to 
resolve the dispute.  
 Japan's import restrictions on dried laver a nd seasoned laver pre-date Japan's accession to the 
GATT almost 50 years ago. The Republic of Korea believes that these measures are inconsistent with Japan's obligations under Article XI of the GATT 1994,  as the quotas constitute restrictions other than 
duties, taxes or other charges on the importation of laver.  Korea also belie ves that these measures are 
inconsistent with Article 4.2 of the Agre ement on Agriculture, as the quotas constitute the 
maintenance of measures of the kind which have been  required to be converted into ordinary customs 
duties. 
  Korea also believes that the manner of administration of these quotas is partial and unreasonable, and thus is inconsistent with Japan 's obligations under Article X:3(a) of the GATT 
1994, as significant portions of quotas that consid erably restrict market access for imports are 
allocated to associations of domestic producers. 
  Finally, these quotas are also inconsistent with Articles 1.2 of the Licensing Agreement, because they are import licensing regimes that are not in conformity with the provisions of the 
GATT 1994 cited above, and are not applied with a view  to preventing trade distortions.  Specifically, 
given the special characteristics of laver productio n, Japan's annual announcement of allocations 
under the quotas is issued at a time that preven ts Korean producers from taking advantage of the 
limited market access allowed under the quota regime .  Similarly, these quotas are inconsistent with 
Article 1.6 of the Licensing Agreement, because th e application procedures and periods are not 
reasonable.  WT/DS323/2 
Page 2  
 
  Accordingly, Korea respectfu lly asks the Dispute Settlement Body to establish a panel 
pursuant to Article 6 of the DSU, Article XXIII:2 of the GATT 1994, Article 19 of the Agreement on 
Agriculture, and Article 6 of the Licensing Agreement, with standard terms of reference as set out in 
Article 7.1 of the DSU. Korea further requests th at this request be placed on the agenda for the 
meeting of the Dispute Settlement Body on 17 February 2005. 
 
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