WORLD TRADE  
ORGANIZATION  WT/DS365/13 
9 November 2007 
 
 (07-4946) 
 Original:   English 
  
 
UNITED STATES – DOMESTIC SUPPORT AND EXPORT CREDIT GUARANTEES 
FOR AGRICULTURAL PRODUCTS 
 
Request for the Establishment of a Panel by Brazil
 
 
 
 The following communication, dated 8 November 2007, from the delegation of Brazil to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
_______________ 
 
 1. On 22 August 2007, Brazil and the United States held consultations with respect to whether 
the domestic support the United States provided in favour of its agricultural producers exceeded the 
commitment levels specified in Section I of Part IV  of its Schedule, contrary to Article 3.2 of the 
Agreement on Agriculture .  While the discussions were useful and clarified a number of issues, they 
did not resolve Brazil's serious concerns regard ing the Current Total Aggregate Measurement of 
Support provided by the United States.  Accordingl y, my authorities have now instructed me to 
request the establishment of a panel.   
2. Pursuant to Articles 4, 6, and 7.1 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade 
1994 ("GATT 1994"), and Article 19 of the Agreement on Agriculture , Brazil requests that the 
Dispute Settlement Body ("DSB") establish a panel with  standard terms of refe rence to consider the 
following matter: 
That the United States' Current Total Aggregate Measurement of Support has 
exceeded its commitment levels in each of the years
1 1999, 2000, 2001, 2002, 2004 
and 2005, contrary to Article 3.2 of the Agreement on Agriculture. 
3. Pursuant to Article 3.2 of the Agreement on Agriculture , the United States committed to limit 
its Total Aggregate Measurement of Support to the annua l levels specified in section I of Part IV of 
Schedule XX of the United States: for the year 1999, USD 19,899.264 million and for each 
subsequent year, USD 19,103.294 million.  Despite th is, the United States' Current Total Aggregate 
Measurement of Support provided by the measures at  issue, when properly calculated in accordance 
with the provisions of the Agreement on Agriculture , has exceeded its commitment levels in each of 
the years 1999, 2000, 2001, 2002, 2004 and 2005, in viol ation of Article 3.2 of this agreement.  These 
violations nullify or impair the benef its accruing to Brazil under this agreement. 
4. The domestic support measures2 at issue comprise those listed in the Annex, which forms an 
integral part of this request.  These measures in clude (a) domestic support measures identified by the 
                                                      
1 In this request, "year" has the meaning assigned to it in Article 1(i) of the Agreement on Agriculture . 
2 In this request, the word  "measure" refers to the support programs as well as support provided 
pursuant to those programs. WT/DS365/13 
Page 2  
 
  United States, whether correctly categorized or not, in G/AG/N/USA/43, G/AG/N/USA/51, 
G/AG/N/USA/60, G/AG/N/USA/5, G/AG/N/USA/25, G/AG/N/USA/28, G/AG/N/USA/37, G/AG/N/USA/58, and G/AG/N/USA/59 (the "Notifications");
3 and (b) domestic support measures not 
identified in the Notifications that are not pr operly exempted from the United States' reduction 
commitments.  The measures further include any othe r legislation, regulations and other instruments 
not listed in the Annex, by which any of th e support under the listed measures was provided. 
5. Brazil asks that this request for the establishm ent of a panel be placed on the agenda of the 
DSB meeting scheduled for 19 November 2007.   
                                                      
3 The reference to domestic support measures identif ied in the Notifications is without prejudice to 
whether the amounts or categorization of such measures are accurate.  WT/DS365/13 
 Page 3 
 
 
  ANNEX 
List of United States' Domestic Support Measures 
 
 This Annex identifies measures by the name or  description used by the United States in its 
Notifications.  Where a legal authority was indicat ed in the Notifications, Brazil has relied upon the 
Notifications for identifying the legal authority at the relevant time.  Brazil has supplemented the legal 
authority identified in the Notifications, where a ppropriate.  The years to which each support measure 
relates are specified in the Notifications.   This Annex also identifies by name or descr iption measures not notified by the United States 
and the legal authority for those measures.  The years to which each of the non-notified measures 
relates are specified in this Annex.   Each measure identified in this Annex comprises the support  program (i.e. , the overall 
design, structure and/or legal mechanism by whic h support is determined a nd/or granted) and the 
support provided thereunder.  Thus, the use of te rms such as "measures", "support", "payments" or 
"program" encompasses both the support program and the support provided.    
Measure   Legal Authority for the Measure 
Adjustment assistance program (identified for sheep and lamb ) The Notifications identify: Section 32, Agricultural Adjustment 
Act of August 24, 1935. 
American Indian livestock feed program The Notifications identify: Agricultural Act of 1970 (Public 
Law 91-524); Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005 
(Public Law 108-324); and U.S.C. §1427A. 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Section 806, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001 (Public Law 106–387; 114 Stat. 1549A–51); and Title 7 C.F.R., Part 1439. 
Biodiesel program payments 
 The Notifications identify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171). 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Executive Order 13134 of 1999; and Title 7 C.F.R., Part 1424. 
Bioenergy program payments 
 The Notifications identify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171).   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Executive Order 13134 of 1999; 
and Title 7 C.F.R., Part 1424. 
California Tri-Valley market loss The Notificati ons identify: Section 843, Public Law 106-387. 
Cattle feed program The Notifications iden tify: Section 32, Agricultural Adjustment 
Act of 1935; and Section 165, Federal Agriculture 
Improvement and Reform Act (Public Law 104-127). WT/DS365/13 
Page 4  
 
  Measure   Legal Authority for the Measure 
Certificate exchange gains  The Notifications  identify: Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127); and Section 812, Subtitle B, Title VIII of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2000 (Public Law 106-78).   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Title I, Subtitle B, Farm Security and Rural Investment Act of 2002 (Public Law 107-171); and Title 7 C.F.R., Chapter XIV, Part 1401, §1401.4. 
Commodity loan forfeit  The Notifications id entify: Section 801, Title VIII, Public Law 
106-78; Section 812, Public Law 106-387; and Section 844, Public Law 106-387.   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Federal Agriculture Improvement 
and Reform Act of 1996 (Public Law 104-127); Farm Security 
and Rural Investment Act of 2002 (Public Law 107-171); and Title 7 C.F.R., Chapter XIV, Part 1405, §1405.   
Commodity loan interest subsidy  The Notificati ons identify: Section 1126, Public Law 105-277; 
Section 801, Subtitle A, Title VIII, Public Law 106-78; Section 203, Public Law 106-224; Section 204, Public Law 106-224; 
Section 812, Public Law 106-387;  and Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171).   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Federal Agriculture Improvement and Reform Act of 1996 (Public  Law 104-127); and Title 7 
C.F.R., Chapter XIV, Part 1401, §1401.4. 
Commodity purchases, 
emergency surplus removals, and 
funds for strengthening markets, income and supply (Section 32) The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935.   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2002 (P ublic Law 107-76); and Title 7 
U.S.C., Chapter 26, Subchapter III, §612c. 
Cotton seed payments The Notifications iden tify: Public Law 105-277; Section 204, 
Public Law 106-224; Section 6, Public Law 107-25; and 
Agricultural Assistance Act of 2003 (Public Law 108-7). 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Military Construction Appropriations and Emerge ncy Hurricane Supplemental 
Appropriation Act of 2005 (Public Law 108-324); and 
Emergency Supplemental Appropria tions Act for Defense, the 
Global War on Terror, and Hurricane Recovery of 2006 (Public Law 109-234). 
Countercyclical payments The Notifications id entify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171).  WT/DS365/13 
 Page 5 
 
 
  Measure   Legal Authority for the Measure 
Crop and revenue insurance 
subsidized by the Federal Crop Insurance Corporation No legal authority identified in the Notifications.   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Federal Crop Insurance Act of 1980 (Public Law 96-365); Federal Cr op Insurance Reform Act of 
1994 (Public Law 103-354); Title I, Agriculture Risk 
Protection Act of 2000 (Public Law 106-224); Title I, 
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2006 (Public Law 109-97); and Title 7 U.S.C., Chapter 36, §1516. 
Crop disaster payments The Notifications identify: Food Security Act of 1985; Disaster 
Assistance Acts of 1988 and 1989 and subsequently ( sic in the 
Notifications); Fiscal Year 2000 Appropriations Act (Public 
Law 106-78); Fiscal Year 2001 Ap propriations Act (Public 
Law 106-387); Agricultural Assistance Act of 2003 (Public Law 108-7); Military Constr uction Appropriations and 
Emergency Hurricane Supplemental Appropriation Act of 2005 (Public Law 108-324); and US Troop Readiness, Veterans' 
Care, Katrina Recovery, Iraq Accountability Appropriations 
Act of 2007 (Public Law 110-28).   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Section 741, Agriculture, Rural Development, Food and Drug Administration, and Related 
Agencies Appropriations Act of 2002 (Public Law 107-76); 
Farm Security and Rural Investment Act of 2002 (Public Law 107-171); and Emergency Suppl emental Appropriations Act 
for Defense, the Global War on Terror, and Hurricane Recovery of 2006 (Public Law 109-234).  
Crop market loss assistance payments  The Notifications identify: Section 802, Subtitle A, Title VIII, 
Public Law 106-78; and Agricultural Risk Protection Act of 2000 (Public Law 106-224). 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Section 801, Title VIII, Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act 2000 (Public Law 106-78); and Section 1617, Subtitle F, Title I, 
Farm Security and Rural Investment Act of 2002 (Public Law 
107-171). 
Dairy disaster payments The Notificati ons identify: Emergency Supplemental 
Appropriations Act for Defence, the Global War on Terror, and Hurricane Recovery of 2006 (Public Law 109-234). 
Dairy farmer indemnity program For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title 7 U.S.C., Chapter 17, §450j & §450k. 
Dairy hurricane indemnity The Notifications identify: Military Construction and 
Emergency Hurricane Supplem ental Appropriations Act 
(Public Law 108-324). 
Dairy indemnities No legal authority identified in the Notifications.   WT/DS365/13 
Page 6  
 
  Measure   Legal Authority for the Measure 
Dairy market loss payments The Notifications  identify: Public Law 106-78; and Section 
805, Public Law 106-387.   
Dairy market loss payment (MILC) ( includes also MILCX, 
the authorized extended period of 
the MILC program ) No legal authority identified in the Notifications. 
In additions to the Notifications, Brazil has identified the 
following legal authorities: Section 1502, Subtitle E, Farm Security and Rural Investment Act of 2002 (Public Law 107-171); and Section 1101, Subtitle A, Title 1 of the Deficit 
Reduction Act of 2005 (Public Law 109-171). 
Dairy production disaster assistance The Notifications identify: Title VIII, Public Law 105-277; and 
Title II, Public Law 105-174. 
Diesel fuel tax exemption For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title 26 U.S.C., Subtitle D, Chapter 31, Subchapter B, 
§4041(f). 
Direct payments The Notifications identify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171). 
Disaster reserve assistance program No legal authority identified in the Notifications.  
Diversion payments ( identified 
for sugar ) The Notifications identify: 1985 Farm Act (Public Law 99-
198). 
Emergency feed assistance program No legal authority identified in the Notifications.   
In addition to the Notifications, Brazil has identified the 
following legal authorities: Emergency Livestock Feed Assistance Act of 1998 (reauthorized by Title X, Subtitle B, 
Section 10104, of the Farm Security and Rural Investment Act 
of 2002 (Public Law 107-171)); and Title 7 C.F.R., Part 1439. 
Emergency feed program No legal authority identified in the Notifications.  
Emergency loans for seed 
producers The Notifications identify: Agricultural Risk Protection Act of 
2000 (Public Law 106-224). 
In addition to the Notifications, Brazil has identified the 
following legal authority: Secti on 10103, Subtitle B, Title X, 
the Farm Security and Rural Investment Act of 2002 (Public Law 107-171). 
Exemption or refund of taxes on 
agricultural vehicles For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title 26 U.S.C., Subtitle D, Chapter 36, Subchapter D, 
§4483(d). 
Farm storage facility loans The Notificati ons identify: Commodity Credit Corporation 
Charter Act of 1949. 
Feed indemnity program The Notifications id entify: Section 32, Agricultural Adjustment 
Act of 1935.   WT/DS365/13 
 Page 7 
 
 
  Measure   Legal Authority for the Measure 
Flood compensation program The Notifications id entify: Agriculture, Rural Development, 
Food and Drug Administration and Related Agencies Appropriations Act of 1999 (Public Law 105-277). 
In addition to the Notifications, Brazil has identified the 
following legal authority: Title II, Subtitle F, Section 257, 
Agriculture Risk Prevention Act of 2000 (Public Law 106-
224). 
Florida hurricane disaster programs (including the Florida citrus, nursery crop, fruit and vegetable and tropical fruit disaster programs) The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935. 
 
Forage assistance program The Notifications  identify: 1988 Disaster Assistance Act; and 
Public Law 105-174. 
Gasoline tax exemption For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title 26 U.S.C., Subtitle F, Chap ter 65, Subchapter B, §6420.  
Gulf hurricanes disaster program 
(including tree indemnity 
program, feed indemnity 
program, livestock indemnity program, and hurricane indemnity program) The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935. 
Hard white wheat incentive program For years: 2004, 2005. 
Title I, Subtitle F, Section 1616, Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Hard white wheat payments The Notifications id entify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171). 
Hawaiian sugar transportation payments No legal authority identified in the Notifications.  
Hurricane indemnity program The Notifications id entify: Section 32, Agricultural Adjustment 
Act of 1935.  
2005 hurricanes citrus, fruit and vegetable disaster, nursery and 
tropical fruit program The Notifications identify: Emer gency Agricultural Disaster 
Assistance Act of 2006 (PL 109-234). 
Income tax concessions  For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title 26 U.S.C., Subtitle A, Chapter 1, Subchapter E, Part II, 
Subpart A, §447; Title 26 U.S.C., Subtitle A, Chapter 1, Subchapter P, Part IV, §1231; and Title 26 U.S.C., Subtitle A, Chapter 1, Subchapter Q, Part I, §1301. WT/DS365/13 
Page 8  
 
  Measure   Legal Authority for the Measure 
Irrigation and provision of power 
at subsidized rates to store and move irrigation water, related to Bureau of Reclamation projects in 17 Western states No legal authority identified in the Notifications. 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Reclamation Act of 1902; Reclamation Projects Act of 1939 as amended; Marine Protection Research and Sanctuari es Act of 1972 - Section 103; 
Reclamation Reform Act of 1982 and other acts codified in 
Title 43 U.S.C., Chapter 12 (particularly Subchapter X 
thereof); the Central Valley Project Improvement Act of 1992; contracts between Bureau of Reclamation and water districts; Army Corps of Engineers Statutory Authorities (Rivers and Harbors Act of 1899; Water R esources Development Acts of 
1986, 1988, 1990, 1992,  1996, 1999, 2000; Title 33 U.S.C., 
Chapter 36); and Section 404, Clean Water Act. 
Livestock assistance program  The Notifications  identify: Agricultural Assistance Act of 2003 
(Public Law 108-7); and Military  Construction Appropriations 
and Emergency Hurricane Supplem ental Appropriations Act of 
2005 (Public Law 108-324). 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Section 32, Agricultural 
Adjustment Act of 1935; Title I, Subtitle C, Section 132, Agricultural Risk Protection Act of 2000 (Public Law 106-224); Federal Agriculture Impr ovement and Reform Act of 
1996 (Public Law 104-127); and Title IX, Section 9002, US 
Troop Readiness, Veterans' Care, Katrina Recovery, Iraq 
Accountability Appropriations Act of 2007 (Public Law 110-28). 
Livestock compensation payments The Notifications identify: US Troop Readiness, Veterans' 
Care, Katrina Recovery, Iraq Accountability Appropriations 
Act of 2007 (Public Law 110-28).  
Livestock compensation program The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935; and Agricultural Assistance Act of 2003 (Public Law 108-7). 
Livestock feed assistance  For years:  1999, 2000, 2001, 2002, 2004, 2005. 
Section 32, Agricultural Adjustment Act of 1935; Title V, 
Agricultural Act of 1970, as amended; Federal Agriculture 
Improvement and Reform Act of 1996 (Public Law 104-127); 
Title VIII, Subtitle A, Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act of 2000 (Public Law 106-78); Section 806, Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriati ons Act of 2001 (Public Law 
106–387); Agricultural Assistance Act of 2003 (Public Law 108-7); Military Construction Ap propriations and Emergency 
Hurricane Supplemental Appropriations Act of 2005 (Public Law 108-324); Title 7 U.S.C., Chapter 35A, Subchapter V; and 
Title 7 C.F.R., Chapter XIV, Part 1439.  WT/DS365/13 
 Page 9 
 
 
  Measure   Legal Authority for the Measure 
  The Notifications identify: Emergency Supplemental 
Appropriations Act for Defense,  the Global War on Terror, and 
Hurricane Recovery Act (Public Law 109-234). 
Livestock indemnity payments The Notificati ons identify: US Troop Readiness, Veterans' 
Care, Katrina Recovery, Iraq Accountability Appropriations 
Act of 2007 (Public Law 110-28). 
Livestock indemnity program The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935; Fiscal Year 1997 Emergency Supplemental Appropriations Act (Public Law 105-18); Fiscal Year 1998 
Commerce, Justice, State and Related Agencies Appropriations 
Act (Public Law 105-119); Fiscal Year 1999 Emergency Supplemental Appropriations (Public Law 106-31); and Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act for 
Fiscal Year 1998 and Fiscal Year 2000 (Public Law 105-86 
and Public Law 106-78). 
In addition to the Notifications, Brazil has identified the 
following legal authority: US Troop Readiness, Veterans' Care, Katrina Recovery, Iraq Accountability Appropriations Act of 2007 (Public Law 110-28). 
Livestock pilot programs For years: 2000, 2001, 2002, 2004, 2005.  
Section 132, Subtitle C, Agricultural Risk Protection Act of 
2000 (Public Law 106-224). 
Loan deficiency payments  The Notifications  identify: Title I, Subtitle C (Public Law 104-
127); Section 812 (Public Law 106-387); and Public Law 107-171.  
In addition to the Notifications, Brazil has identified the 
following legal authorities: Federal Agriculture Improvement and Reform Act of 1996 (Public  Law 104-127); Section 801, 
Title VIII, Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriation Act (Public Law 106-78).  
Loan deficiency payments for unshorn pelts For years: 2002, 2004, 2005. 
Title I, Subtitle B, Section 1205, Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Marketing loan gains The Notifications iden tify: Title I, Subtitle C, Public Law 104-
127; and Section 812, Public Law 106-387. 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Federal Agriculture Improvement 
and Reform Act of 1996 (Public  Law 104-127); and Title I, 
Farm Security and Rural Investment Act of 2002 (Public Law 107-171). 
Marketing loan payments No legal aut hority identified in the Notifications. 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Subtitle C, Title I, Federal 
Agriculture Improvement and Re form Act of 1996 (Public Law WT/DS365/13 
Page 10  
 
  Measure   Legal Authority for the Measure 
104-127); and Subtitle B, Title I, Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Marketing loans No legal authority identified in the Notifications. 
In addition to the Notifications, Brazil has identified the 
following legal authority: Title I, Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127). 
Market loss payments  The Notifications id entify: Section 803, Title VIII, Public Law 
106-78; Section 204, Title II, Public Law 106-224; Public Law 106-387; Section 3, Public Law 107-25; Section 4, Public Law 
107-25; Section 5, Public Law 107-25; Public Law 107-76; 
Sections 10105 and 10106, Public Law 107-171; and Agricultural Assistance Act of 2003 (Public Law 108-7). 
Michigan fireblight tree assistance program The Notifications identify: Legislative Branch Appropriations 
Act of 2004 (Public Law 108-83). 
Milk income loss contracts (MILC) The Notifications identify: Public Law 107-171. 
Multi-year crop disaster payments  The Notif ications identify: S ection 1102, Omnibus 
Consolidated and Emergency Su pplemental Appropriations Act 
of 1999 (Public Law 105-277).   
Net federal budget outlays for grazing livestock on federal land No legal authority identified in the Notifications. 
Noninsured crop disaster 
assistance program (NAP) The Notifications identify: Federal Crop Insurance Reform Act 
of 1994 (Public Law 103-354); and Agricultural Risk 
Protection Act of 2000 (Public Law 106-224). 
In addition to the Notifications, Brazil has identified the 
following legal authority: Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104-127). 
Nonrecourse loans ( identified for 
honey ) The Notifications identify: Section 812, Public Law 106-387; 
and Farm Security and Rural Investment Act of 2002 (Public Law 107-171). 
Non-recourse loans and loan-related payments The Notifications identify: Title I, Subtitle C, Public Law 104-
127; and Farm Security and Rural Investment Act of 2002 
(Public Law 107-171). 
In addition to the Notifications, Brazil has identified the 
following legal authority: Section 812, Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act for Fiscal Year 2001 (Public Law 106-387). 
Nonrecourse marketing assistance 
loans and loan deficiency 
payments For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title I, Subtitle C, Federal Agriculture Improvement and 
Reform Act of 1996 (Public Law 104-127); Section 812, Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act for Fiscal Year 2001 (Public Law 106-387); and Farm Security and Rural Investment Act of 2002 (Public Law 107-171).  WT/DS365/13 
 Page 11 
 
 
  Measure   Legal Authority for the Measure 
Northeast dairy compact The Notifications id entify: Title 1, Subtitle D, Chapter 1, 
Public Law 104-127. 
Northeast dairy compact benefit The Notifications  identify: Title 1, Subtitle D, Chapter 1, 
Public Law 104-127. 
Oilseeds payments The Notifications identif y: Title 1, Subtitle C, Public Law 104-
127; Section 202, Public Law 106-224; Section 2, Public Law 107-25; and Section 804, Subtitle A, Title VIII, Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriati ons Act of 2000 (Public Law 
106-78). 
Pasture recovery program  The Notifications identify: Agricultural, Rural Development, 
Food and Drug Administration, and Related Agencies 
Appropriations Act of 2000 (Public Law 106-78). 
Payments in lieu of loan deficiency payments for grazed acreage For years: 2002, 2004, 2005. 
Section 1206, Subtitle B, Title I of the Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Price support/quota ( identified for 
dairy ) No legal authority identified in the Notifications.  
In addition to the Notifications, Brazil has identified the 
following legal authorities: Chapter 1, Subtitle D, Title I, Federal Agriculture Improveme nt and Reform Act of 1996 
(Public Law 104-127); Subtitle E, Title I of the Farm Security 
and Rural Investment Act of 2002 (Public Law 107-171); and Title 7 U.S.C., Chapter 26, Subchapter III, §627. 
Price support/quota ( identified for 
peanuts ) No legal authority identified in the Notifications. 
In addition to the Notifications, Brazil has identified the 
following legal authority: Chapter 2, Subtitle D, Title I, Federal Agriculture Improvement and Re form Act of 1996 (Public Law 
104-127). 
Price support/quota ( identified for 
sugar ) No legal authority identified in the Notifications.  
In addition to the Notifications, Brazil has identified the 
following legal authorities: Title I, Subtitle D, Chapter 2, Federal Agriculture Improveme nt and Reform Act of 1996 
(Public Law 104-127); and Subtitle D, Title I, Farm Security and Rural Investment Act of 2002 (Public Law 107-171).  
Production flexibility contract payments  The Notifications identify: Subtitle B, Title I, Federal 
Agriculture Improvement and Re form Act of 1996 (Public Law 
104-127). 
Quality loss payments  The Notifications identify: Public Law 106-387. 
Recourse loans for high moisture feed grains, seed cotton For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Title I, Subtitle C, Section 137, Federal Agriculture 
Improvement and Reform Act of 1996 (Public Law 104-127); 
and Title I, Subtitle B, Section 1209, Farm Security and Rural Investment Act of 2002 (Public Law 107-171). WT/DS365/13 
Page 12  
 
  Measure   Legal Authority for the Measure 
Recourse loans ( identified for 
honey ) The Notifications identify: Section 801, Subtitle A, Title VIII, 
Public Law 106-78; and Section 204, Public Law 106-224. 
Recourse loans ( identified for 
mohair ) The Notifications identify: Section 1126, Public Law 105-277; 
and Section 801, Subtitle A, T itle VIII, Public Law 106-78.  
Rio Grande water loss assistance 
program The Notifications identify: Agri cultural Assistance Act of 2003 
(Public Law 108-7). 
Section 32 disaster assistance, January 2006 (distributed through the tree indemnity program, feed indemnity program, livestock indemnity program, and hurricane 
indemnity program)  The Notifications identify: Section 32, Agricultural Adjustment 
Act of 1935. 
Special competitive provisions 
for extra long staple cotton Section 1208, Subtitle B, Title I, Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Special marketing loan provisions 
for upland cotton Section 1207, Subtitle B, Title I, Farm Security and Rural 
Investment Act of 2002 (Public Law 107-171). 
Specialty/nursery crops hurricane disaster program The Notifications identify: Emergency Supplemental 
Appropriations Act for Defense,  the Global War on Terror, and 
Hurricane Recovery Act of 2006 (Public Law 109-234). 
State credit programs No legal authority identified in the Notifications. 
Storage payments The Notifications identif y: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171); and Subtitle F, Title I, Public Law 104-127. 
Sugar beet disaster program The Notifications identify: Agricultural Assistance Act of 2003 
(Public Law 108-7). 
Sugarcane disaster payments The Notifica tions identify: Emer gency Supplemental 
Appropriations Act for Defense,  the Global War on Terror, and 
Hurricane Recovery of 2006 (Public Law 109-234). 
In addition to the Notifications, Brazil has identified the 
following legal authority: Agricultural Assistance Act of 2003 
(Public Law 108-7). 
Sugarcane hurricane loss payments The Notifications identify: Military Construction and 
Emergency Hurricane Supplemental Appropriation Act of 2005 (Public Law 108-324). 
Sugarcane hurricane programs The Notifications identify: Agricultural Assistance Act of 2003 
(Public Law 108-7). 
Sugar cooperative payment The Notifications identify: Section 822, Public Law 106-387. 
Tobacco quota buyout The Notifications identify: Title VI, American Jobs Creation 
Act, The Fair and Equitable Tobacco Reform Act of 2004 (Public Law 108-357). 
Trade adjustment assistance The Notifications identify: Farm Security and Rural Investment 
Act of 2002 (Public Law 107-171); and Trade Act of 2002 (Public Law 107-210).  WT/DS365/13 
 Page 13 
 
 
  Measure   Legal Authority for the Measure 
Tree assistance program  The Notifications identify: 1988 Disaster Assistance Act and 
subsequent disaster assistance acts; Public Law 105-174; Legislative Branch Appropriations Act, 2004 (Public Law 108-83); Military Construction A ppropriations and Emergency 
Hurricane Supplemental Appropriations Act of 2005 (Public 
Law 108-324); and Emergency Supplemental Appropriations 
Act for Defense, the Global War on Terror, and Hurricane Recovery of 2006 (Public Law 109-234). 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Subtitle C, Title X of the Farm Security and Rural Investment Act of 2002 (Public Law 107-
171); Division A and Division H, Title VII, Agriculture, Rural 
Development, Food and Drug Administration and Related Agencies Appropriations Act of 2004 (Public Law 108-199). 
Tree assistance program (disaster assistance) The Notifications identify: Military Construction 
Appropriations and Emerge ncy Hurricane Supplemental 
Appropriations Act of 2005 (Public Law 108-324); and Emergency Supplemental Appropria tions Act for Defense, the 
Global War on Terror, and Hurricane Recovery of 2006 (Public 
Law 109-234). 
Tree indemnity program The Notifications iden tify: Section 32, Agricultural Adjustment 
Act of 1935.  
User marketing payments (identified for cotton ) No legal authority identified in the Notifications. 
In addition to the Notifications, Brazil has identified the 
following legal authorities: Se ction 136, Title I, Federal 
Agriculture Improvement and Re form Act of 1996 (Public Law 
104-127); and Title I, Farm Secu rity and Rural Investment Act 
of 2002 (Public Law 107-171). 
Various additional emergency programs, including for crops, 
feed, and livestock 
 For years: 1999, 2000, 2001, 2002, 2004, 2005. 
Section 32, Agricultural Adjustment Act of 1935; 
Supplemental Appropriations and Recessions Act of 1998 (Public Law 105-174); Making Omnibus Consolidated and 
Emergency Appropriations for Fiscal Year Ending September 30, 1999 (Public Law 105-277); Making Emergency 
Supplemental Appropriations for the Fiscal Year Ending 
September 30, 1999 (Public Law 106-31); Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act of 2000 (Public Law 106-78); Consolidated Appropriations Ac t for Fiscal Year 2000 (Public 
Law 106-113); Agriculture Risk Protection Act of 2000 (Public 
Law 106-224); Emergency Supplemental Act for Fiscal Year 
2000 (Public Law 106-246); Agricultural, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act for Fiscal Year 2001 (Public Law 106-387); Supplemental Appropriati ons Act of 2001 (Public Law 
107-20); Fiscal Year 2001 Supplemental Authorization for 
Agriculture (Public Law 107-25); Agriculture, Rural Development, Food and Drug Administration and Related WT/DS365/13 
Page 14  
 
  Measure   Legal Authority for the Measure 
Agencies Appropriations Act of 2002 (Public Law 107-76); 
Farm Security and Rural Investment Act of 2002 (Public Law 107-171); Supplemental Appropria tions Act of September 30, 
2002 (Public Law 107-206); Consolidated Appropriations Resolution Fiscal Year 2003 (Public Law 108-7); Legislative 
Branch Appropriations Act of 2004 (Public Law 108-83); 
Consolidated Appropriations Act of 2004 (Public Law 108-199); Military Construction A ppropriations and Emergency 
Hurricane Supplemental Appropriations Act of 2005 (Public Law 108-324); Emergency Supple mental Appropriations Act 
for Defense, the Global War on Terror, and Hurricane 
Recovery of 2006 (Public Law 109-234); and US Troop 
Readiness, Veterans' Care, Katrina Recovery, Iraq Accountability Appropriations Act of 2007 (Public Law 110-28). 
Warehouse disaster payments The Notifications  identify: Section 803, Fiscal Year 2000 
Agricultural Appropriation Act (Public Law 106-78); and Appendix E, Chapter 1, Public Law 106-113. 
 
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