UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
Document: Request for Consultations by Canada Addendum
Date: 11 May 2009
Document codes: WT/DS384/1/Add.1; WT/DS384/1; G/L/874/Add.1; G/TBT/D/33/Add.1; G/SPS/GEN/890/Add.1; G/RO/D/6/Add.1
Complainant: Canada
Respondent: U.S.
Third parties: Argentina, Australia, Brazil, China, Colombia, EU, Guatemala, India, Japan, South Korea, Mexico, New Zealand, Peru, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.2, 2.4  Technical Barriers to Trade (TBT)Art. 2, 5, 7  Sanitary and Phytosanitary Measures (SPS)Art. IX:2, IX, X:3(a)  GATT 1994Art. 2(b), 2(c), 2(e), 2(j)  Rules of Origin

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 ,
dated 4 December 2008). These consultations 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, regarding 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,

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, and the location of the consultations.