UNITED STATES – CERTAIN MEASURES AFFECTING IMPORTS OF POULTRY FROM CHINA
Document: Request for Consultations by China
Date: 21 April 2009
Document codes: WT/DS392/1; G/L/886; G/AG/GEN/84; G/SPS/GEN/919
Complainant: China
Respondent: U.S.
Third parties: Brazil, EU, Guatemala, South Korea, Taiwan, Turkey
Dispute stage: Panel
Agreements cited: Art. I:1, XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.1, 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 8  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – CERTAIN MEASURES AFFECTING IMPORTS
OF POULTRY FROM CHINA

Request for Consultations by China

 The following communication, dated 17 April 2009, from the delegation of China 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.

 My authorities have instructed me to request consultations with the Government of the United
States ("US") pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), Article XXII of the General Agreement on Tariffs and Trade
("GATT 1994"), and Article 19 of the Agreement on Agriculture (" Agriculture Agreement ") with
regard to certain measures taken by the US aff ecting the import from the People's Republic of China
("China") of poultry products.

1. Pursuant to Section 727 of the Omnibus Appr opriations Act of 2009 ("Section 727"), which
was signed into law as Public Law 111-8, the US effectively prohibits the establishment or
implementation of any US measures that would allow poultry products to be imported from China
into the US. Specifically, Section 727 prohibits th e US Department of Ag riculture ("USDA") from
taking action, including expending funds, to: (1) establish or implement measures allowing for the
importation from China of poultry products that the USDA has already determined are eligible to be
so imported under existing US measures, and (2) establish or implement measures expanding the
scope of poultry products that may be imported from Ch ina. China is concerned that Section 727, in
conjunction with the overall US regime for regulati ng imports of poultry produc ts, places restrictions
on the import from China of poultry products that are inconsistent with the United States' WTO
obligations.
2. By way of example, Part 381 of Title 9 of th e US Code of Federal Regulations ("9 CFR"),
including Section 381.196, identifies countries eligible to import poultry products into the United
States. Following inspection in China by the USDA, the United States determined that China is
eligible to import certain poultry products into th e United States. However, the USDA has not yet
taken the necessary action to allow for such importation, pursuant to this determination of eligibility.
Section 727 now prohibits the USDA from taking acti on to establish or implement measures allowing
for the importation into the United States of pou ltry products that the United States has already
determined are eligible for importation, pursu ant to the explicit terms of 9 CFR § 381.196.
9 CFR § 381.196 is, therefore, one of several US re gulations that cannot be implemented with respect
to products imported from China as a consequence of Section 727.
WT/DS392/1, G/L/886,
G/AG/GEN/84, G/SPS/GEN/919

3. Moreover, China is concerned that Section 727 effectively prohibits the USDA from taking
action to expand the class of poultry products eligible for import into the United States from China.
4. China considers that the US, through Section 727, any closely-related measures, as well as
any amendments or replacement measures, or other subsequent closely-related measures,
1 is in breach
of its obligations under the GATT 1994 and the Agriculture Agreement, including but not limited to
the following provisions thereof: Articles I:1 and XI:1 of the GATT 1994; and, Article 4.2 of the
Agriculture Agreement.
5. Generally, by precluding the use of funds to enab le imports from China of poultry products, it
appears that the US institutes and/or maintains a qua ntitative restriction, contrary to Article XI:1 of
the GATT 1994 and Article 4.2 of the Agriculture Agreement . Moreover, by imposing these
restrictions with respect to imports from China, but not similarly prohibiting the import from other
Members of like products, China is concerned that the US fails to accord immediately and
unconditionally to China an advantage, favour, privil ege or immunity granted to other Members with
respect to rules and formalities in connection with importation.
6. In addition, although China does not believe that the US measures at issue restricting imports
of poultry products from China constitute sanita ry and phytosanitary measures ("SPS measure")
within the meaning of the Agreement on the Application of Sa nitary and Phytosanitary Measures
("SPS Agreement "), if it were demonstrated that any such measure is an SPS measure, China also
requests consultations with the US pursuant to Article 11 of the SPS Agreement. In particular, to the
extent any such measure is demonstrated to be an SPS measure, China considers that the measure is in
breach of the US obligations under the SPS Agreement, including but not limited to Articles 2.1-2.3,
3.1, 3.3, 5.1-5.7, and 8 thereof.
7. Generally, to the extent it is demonstrated that any such measure is an SPS measure, China is
concerned that the US measure may violate Articles 2.1, 2.2, 5.1-5.4, and 5.6 of the SPS Agreement,
because any SPS measure is not based on a proper assessment of the particular risks presented and is
not supported by sufficient scientific evidence. China is also concer ned that any such measure, to the
extent not applied with respect to similarly s ituated imports from other Members, may violate
Articles 2.3 and 5.5 of the SPS Agreement. Moreover, China is concerned that any SPS measure fails
to observe the provisions of Annex C of the SPS Agreement with respect to the operation of control,
inspection and approval procedures, and may therefore violate Article 8 of the SPS Agreement.
Additionally, China is unaware of any basis on which any such US measure is justified under
international standards, guidelines or recommendations , or otherwise, consistently with Articles 3.1
and 3.3 of the SPS Agreement. Finally, China is unaware of a ny basis on which such US measure is
justified by Article 5.7 of the SPS Agreement, if applicable.
8. China reserves its right to raise further fact ual and legal issues and arguments during the
course of the consultations, and in any future request for the establishment of a panel.
 I look forward to receiving the reaction of your authorities to this request so that we can
arrange a mutually acceptable date for consultations.