. /.   WORLD TRADE  
ORGANIZATION  WT/DS381/4 
10 March 2009 
 
 (09-1221) 
 Original:   Spanish 
  
 
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, 
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS 
 
Request for the Establishment of a Panel by Mexico
 
 
 
 The following communication, dated 9 March 2009, from the delegation of Mexico to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
_______________ 
 
  On 24 October 2008, Mexico requested consu ltations with the United States pursuant to 
Article 4 of the Understanding on Rules and Proce dures Governing the Settlement of Disputes (DSU), 
Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 14 of the 
Agreement on Technical Barriers to Trade (TBT Agreement), in relation to certain measures taken by 
the latter concerning the importation, marketing and sale of tuna and tuna products.  Mexico held 
consultations with the United States on 17 December  2008.  Unfortunately, these consultations failed 
to resolve the dispute.   In view of the foregoing, Mexico respectfu lly requests the establishment of a panel in 
conformity with Articles 4 and 6 of the DSU, Article XXIII of the GATT 1994 and Article 14 of the 
TBT Agreement.   The measures adopted by the United States con cerning the importation, marketing and sale of 
tuna and tuna products include the following:  
• United States Code , Title 16, Section 1385 ("Do lphin Protection Consumer 
Information Act"); 
 
• Code of Federal Regulations , Title 50, Section 216.91 ("Dolphin-safe labeling 
standards") and Section 216.92 ("Dolphin-saf e requirements for tuna harvested in the 
ETP [Eastern Tropical Pacific Ocean] by large purse seine vessels"); 
 
• The ruling in Earth Island Institute v. Hogarth , 494 F.3d 757 (9th Cir. 2007). 
  Mexico holds that the US measures have the effect of prohibiting th e labelling of Mexican 
tuna and tuna products as "dolphin-safe", even when  the tuna has been ha rvested by means that 
comply with the multilaterally agreed "dolphin-safe" standard established by the Inter-American Tropical Tuna Commission, while tuna products from most other countries, including the 
United States, are allowed to be labelled as "dolphin-safe". 
 WT/DS381/4 
Page 2  
 
   Mexico considers the aforementioned measures to be inconsistent with the obligations of the 
United States under Article 2 of the TBT Agreement and Articles I and III of the GATT 1994, for the 
following reasons:   1. Mexican products are not accorded imme diately and unconditionally any advantage, 
favour, privilege or immunity granted to like products of any other Member, contrary 
to Article I.1 of the GATT 1994; 
  2. Mexican products are accorded treatment less favourable than like products of 
US origin, contrary to Article III.4 of the GATT 1994; 
 
 3. Mexican products are accorded treatment less favourable than like products of 
US origin and like products originating in any other country, contrary to Article 2.1 of the TBT Agreement; 
 
 4. The measures have the effect of creati ng unnecessary obstacles to trade, contrary to 
Article 2.2 of the TBT Agreement; 
  5. The measures are maintained although  their objectives can be addressed in a less 
trade-restrictive manner, contrary to Article 2.3 of the TBT Agreement;  and 
 
 6. The measures do not use as their basis an existing international standard, contrary to 
Article 2.4 of the TBT Agreement. 
  These violations nullify or impair the benef its accruing to Mexico under these Agreements 
and cannot be justified under an y of the covered Agreements. 
 
 For the aforementioned reasons, Mexico respectfully requests the establishment of a panel with standard terms of reference as set out in Article 7 of the DSU.   I therefore request that this matter be included in the agenda for the next regular meeting of 
the Dispute Settlement Body on 20 March 2009. 
 
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