UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request for Consultations by Mexico Addendum
Date: 11 May 2009
Document codes: WT/DS386/1/Add.1; G/L/878/Add.1; G/TBT/D/34/Add.1; G/SPS/GEN/893/Add.1; G/RO/D/7/Add.1
Complainant: Mexico
Respondent: U.S.
Third parties: Argentina, Australia, Brazil, Canada, China, Colombia, EU, Guatemala, India, Japan, South Korea, New Zealand, Peru, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, X:3(a), IX  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. 2, 5, 7  Sanitary and Phytosanitary Measures (SPS)Art. 2  Rules of Origin

UNITED STATES – CERTAIN COUNTRY OF ORIGIN
LABELLING REQUIREMENTS

Request for Consultations by Mexico

Addendum

 The following communication, dated 7 May 20 09, from the delegation of Mexico 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.

 The Government of Mexico hereby requests c onsultations with the Government of 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 , concerning measures affecting
country of origin labelling rules applied by the G overnment of the United States pursuant to or in
connection with the mandatory country of origin labelling (COOL) provisions in 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 of 2008, and as implemented through the regulations published as
7 CFR Parts 60 and 65.

 This request supplements Mexico's prior re quest for consultations dated 17 December 2008
() concerning the COOL measures, as a result of which consultations were held on
27 February 2009.

 This supplement request concerns related am endments and measures adopted by the United
States after Mexico's initial request for consultations: Mandatory Country of Origin Labelling of
Beef, Pork, Lamb, Chicken, Goat Meat, Wild and Farm-Raised Fish and Shellfish, Perishable
Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts – Final Rule 74
Fed. Reg. 2658 (15 January 2009); Letter from Thom as Vilsack, Secretary of Agriculture (United
States Department of Agriculture, USDA) to Indus try Representatives (20 February 2009), cited in a
USDA News Release: Release No. 0045.09, "V ilsack Announces Implementation of Country of
Origin Labeling Law" (20 February 2009); and in public statements made by Secretary Vilsack,
related directives and administrative guidance.
WT/DS386/1/Add.1, G/L/878/Add.1,
G/TBT/D/34/Add.1, G/SPS/GEN/893/Add.1,

 This request also includes any modificati ons or amendments to the COOL measures,
including any further implementing guidance or other documents that may be published in relation to
such measures.

 The above measures appear to be inconsistent with the United States' obligations under the
WTO Agreement, including:

 (i) Articles III, IX, and X of the GATT 1994;

 (ii) Articles 2 and 12 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 measures appear to nullify or impair the benefits accruing to Mexico under the
above-mentioned Agreements. Moreover, these measur es appear to nullify or impair the benefits
accruing to Mexico in the sense of Article XXIII:1(b) of the GATT 1994.

 Mexico reserves the right to raise further factual and legal claims in the course of the
consultations.

 We look forward to receiving the US Government's response to this request in order to set a
mutually convenient date for consultations.