. /.   WORLD TRADE  
ORGANIZATION  WT/DS384/1/Add.1 
G/L/874/Add.1 
G/TBT/D/33/Add.1 G/SPS/GEN/890/Add.1 G/RO/D/6/Add.1 
11 May 2009  
 
(09-2304) 
 Original:   English 
   
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) 
REQUIREMENTS 
 
Request for Consultations by Canada
 
 
Addendum  
 
 
 The following communication, dated 7 May 2 009, from the delegation of Canada to the 
delegation of the United States and to the Chairman of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU.  
_______________ 
 
  On 1 December 2008, Canada requested consu ltations regarding Certain Country of Origin 
Labelling (COOL) Requirements ("COOL measure") of the United States (issued as WT/DS384/1, 
dated 4 December 2008).  These consultati ons were held on 16 December 2008. 
 
 Since these consultations were held, the Un ited States replaced the Interim Final Rule 
(citation below) with the Final Rule (citation below)  and the US Secretary of Agriculture issued a 
public letter, dated 20 February 2009, regard ing the implementation of the Final Rule. 
 
 To take these developments into account, my au thorities have instructed me to clarify the 
scope of the COOL measure and to request suppl emental consultations with the United States 
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes ("DSU") , Article XXII of the General Agreement on Tariffs and Trade, 1994 
("GATT 1994"), Article 14 of the Agreement on Technical Barriers to Trade ("TBT Agreement"), 
Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures  ("SPS 
Agreement") and Article 7 of the Agreement on Rules of Origin  with regard to the US COOL 
measure.   The COOL measure includes:   
(i) the Agricultural Marketing Act of 1946 , as amended by the Farm, Security and Rural 
Investment Act of 2002  and the Food, Conservation, and Energy Act, 2008 ;  
(ii) the Interim Final Rule on Mandatory Country of Origin Labeling of Beef, Pork, 
Lamb, Chicken, Goat Meat, Perishable Ag ricultural Commodities, Peanuts, Pecans, 
Ginseng, and Macadamia Nuts  published on 1 August 2008 as 7 CFR Part 65 and on 
Mandatory Country of Origin Labeling of Mu scle Cuts of Beef (including Veal), WT/DS384/1/Add.1, G/L/874/Add.1,  
G/TBT/D/33/Add.1, G/SPS/GEN/890/Add.1,  G/RO/D/6/Add.1 
Page 2 
  
  Lamb, Chicken, Goat and Pork, Ground Beef, Ground Lamb, Ground Chicken, 
Ground Goat, and Ground Pork , published on 28 August 2008 as 9 CFR Parts 317 
and 381 ("Interim Final Rule");      
(iii) the Final Rule on Mandatory Country of Origin Labeling of Beef, Pork, Lamb, 
Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, 
Ginseng, and Macadamia Nuts  ("Final Rule") published on 15 January 2009 as 
74 Fed. Reg. 2658, Parts 60 and 65;  
(iv) the letter to "Industry Representative"  from the United States Secretary of 
Agriculture, Thomas J. Vilsack, of 20 February 2009;  and  
(v) any modifications, administrative guidance, directives or policy announcements 
issued in relation to items (i) through (iv) above. 
 The COOL measure appears to be inconsistent  with the United States' obligations under the 
WTO Agreement, including: 
 
(i) Articles III:4, IX:2, IX:4, and X:3 of GATT 1994; 
(ii) Articles 2 of the TBT Agreement, or, in the alternative, Articles 2, 5 and 7 of the SPS 
Agreement;  and 
(iii) Article 2 of the Agreement on Rules of Origin.  
 These violations appear to nullify or impair  the benefits accruing to Canada under those 
Agreements.  Moreover, this measure appears to nulli fy or impair the benefits accruing to Canada in 
the sense of Article XXIII:l(b) of GATT 1994.   Canada reserves the right to raise additional claims and legal matters during the course of 
consultations.   
 
 Canada looks forward to receiving the reply of  the United States to the present request and 
welcomes any suggestions that the United States may wish to make concerning the date on which 
these consultations could take place, an d the location of the consultations. 
  
__________