dean22029/WTO_Docs huggingface dataset:
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request for Consultations by Mexico
Date: 22 December 2008
Document codes: WT/DS386/1; G/L/878; G/TBT/D/34; G/SPS/GEN/893; G/RO/D/7
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

 The following communication, dated 17 Dece mber 2008, from the delegation of Mexico to
the delegation of the United States and to the Chairm an of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.

 The Government of Mexico hereby requests consultations 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 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.

 In the case of certain products, the determination of their nationality deviates considerably
form international country of origin labelling standa rds, a situation which has not been justified as
necessary to fulfil a legitimate objective.

 The mandatory COOL provisions 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) Article 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 Mexico under those
Agreements. Moreover, these measures appear to nulli fy or impair the benefits accruing to Mexico in
the sense of Article XXIII:l(b) of the GATT 1994.
WT/DS386/1, G/L/878,
G/TBT/D/34, G/SPS/GEN/893,

 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.
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request to Join Consultations Communication from Canada
Date: 7 January 2009
Document codes: WT/DS386/2
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 to Join Consultations

Communication from Canada

 The following communication, dated 30 Dece mber 2008, from the delegation of Canada to
the delegation of the United States, the delegation of Mexico and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governi ng the Settlement of Disputes (DSU), the
Government of Canada wishes to join the consulta tions requested by Mexico in the communication
circulated to WTO Members on 22 December 2008 () entitled . We make this request in light of Canada's substantial
trade interest in this dispute and Canada's request for consultations with the United States regarding
these Country of Origin Labelling requirements ().
UNITED STATES - CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Acceptance by the United States of the Request to Join Consultations Canada notified the Dispute Settlement Body (D SB) of their desire to be joined in the consultations requested by Mexico, pursuant to Article 4.11 of the DSU. The delegation of the United States informed  the DSB that it had accepted the request of Canada to join the consultations. ÉTATS-UNIS - CERTAINES PRESCRIPTIONS EN MATIÈRE
Date: 19 January 2009
Document codes: WT/DS386/3
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

Acceptance by the United States of the

Request to Join Consultations

 Canada notified the Dispute Settlement Body (D SB) of their desire to be joined in the
consultations requested by Mexico, pursuant to Article 4.11 of the DSU.

 The delegation of the United States informed the DSB that it had accepted the request of
Canada to join the consultations.

ÉTATS-UNIS - CERTAINES PRESCRIPTIONS EN MATIÈRE
D'ÉTIQUETAGE INDIQUANT LE PAYS D'ORIGINE

participation aux consultations

 Le Canada a notifié à l'Orga ne de règlement des différends (ORD) son désir d'être admis à

ESTADOS UNIDOS - DETERMINADAS PRESCRIPCIONES EN MATERIA
DE ETIQUETADO INDICATIVO DEL PAÍS DE ORIGEN
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request to Join Consultations Communication from Canada
Date: 19 May 2009
Document codes: WT/DS386/4
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 to Join Consultations

Communication from Canada

 The following communication, dated 15 May 2009, from the delegation of Canada to the
delegation of the United States, the delegation of Mexico and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governi ng the Settlement of Disputes (DSU), the
Government of Canada wishes to join in the suppl emental consultations requested by Mexico in the
communication circulated to WTO Members on 11 May 2009 () entitled . We make this request in light of
Canada's substantial trade interest in this disput e and Canada's request for consultations with the
United States contained in documents ( and ).
UNITED STATES - CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request to Join Consultations Communication from Peru
Date: 26 May 2009
Document codes: WT/DS386/5
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 to Join Consultations

Communication from Peru

 The following communication, dated 22 May 2009, from the delegation of Peru to the
delegation of the United States, the delegation of Mexico and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I hereby notify you that the Government of Peru wishes to be joined in
the supplemental consultations requested by Me xico in the communication circulated to
WTO Members on 11 May 2009 (), entitled United States - Certain Country of
Origin Labelling (COOL) Requirements.

 This notification is being made in the light of Peru's substantial trade interest in this dispute
owing to its increasing trade with the United States of America.
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Acceptance by the United States of the Request to Join Consultations Peru and Canada notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by Mexico, pursuant to Article 4.11 of the DSU. The delegation of the United States informed  the DSB that it had accepted the request of Canada to join the consultations. ÉTATS-UNIS – CERTAINES PRESCRIPTIONS EN MATIÈRE D'ÉTIQUETAGE INDIQUANT LE PAYS D'ORIGINE
Date: 8 June 2009
Document codes: WT/DS386/6
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

Acceptance by the United States of the Request to Join Consultations

 Peru and Canada notified the Dispute Settlement Body (DSB) of their desire to be joined in
the consultations requested by Mexico, pursuant to Article 4.11 of the DSU.

 The delegation of the United States informed the DSB that it had accepted the request of
Canada to join the consultations.

ÉTATS-UNIS – CERTAINES PRESCRIPTIONS EN MATIÈRE
D'ÉTIQUETAGE INDIQUANT LE PAYS D'ORIGINE

participation aux consultations

ESTADOS UNIDOS - DETERMINADAS PRESCRIPCIONES EN MATERIA
DE ETIQUETADO INDICATIVO DEL PAÍS DE ORIGEN

 El Perú y el Canadá notificaron al Órgano de Solución de Diferencias (OSD), de conformidad
México.
UNITED STATES - CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Request for the Establishment of a Panel by Mexico Corrigendum
Date: 13 October 2009
Document codes: WT/DS386/7/Corr.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 the Establishment of a Panel by Mexico

Corrigendum

 The following communication, dated 12 October 2009, from the delegation of Mexico to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

 In section B (Legal Basis), paragraph (vi), of the request, Article "XI" of the GATT 1994
should be replaced by Article "IX" of the GATT 1994.
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING REQUIREMENTS
Document: Joint Request by Mexico and the United States for a Decision by the DSB
Date: 22 December 2011
Document codes: WT/DS386/10
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

Joint Request by Mexico and the United States
for a Decision by the DSB

 The following communication, dated 21 Decemb er 2011, from the delegation of Mexico and
the delegation of the United States to the Chairpers on of the Dispute Settlement Body, is circulated at
the request of those delegations.

 Taking into account the current workload of the Appellate Body, Mexico and the
United States of America would like to request the Dispute Settlement Body (DSB) to adopt the draft
decision attached to this letter with respect to the dispute United States – Certain Country of Origin
Labelling (COOL) Requirements (DS386). We consider that the draft DSB decision, if adopted,
would provide greater flexibility in scheduling any possi ble appeal of the panel report in this dispute,
which was circulated to WTO Members on 18 November 2011.

 We respectfully request that you circulat e this request to Members of the DSB.

Draft decision of the DSB:

The DSB agrees that, upon a request by Mexico or the United States of America, the DSB shall no
later than 23 March 2012 adopt the re port of the panel in the dispute United States – Certain Country
of Origin Labelling (COOL) Requirements (DS386) unless (i) the DSB decides by consensus not to do
so or (ii) either party to the dispute notifies the DS B of its decision to appeal pursuant to Article 16.4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
UNITED STATES - CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
Document: Joint Communication from Mexico and the United States Corrigendum In the second line of the introductory paragraph, please replace "Presiding Member of the Appellate Body Division in this dispute" with "Chairperson of the Appellate Body". ÉTATS-UNIS - CERTAINES PRESCRIPTIONS EN MATIÈRE D'ÉTIQUETAGE INDIQUANT LE PAYS D'ORIGINE (EPO) Communication conjointe présentée par le Mexique et les États-Unis
Date: 10 July 2012
Document codes: WT/DS386/16/Corr.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 (COOL)
REQUIREMENTS

Joint Communication from Mexico and the United States

Corrigendum

 In the second line of the introductory paragraph, please replace "Presiding Member of the
Appellate Body Division in this dispute" with "Chairperson of the Appellate Body".

ÉTATS-UNIS - CERTAINES PRESCRIPTIONS EN MATIÈRE D'ÉTIQUETAGE
INDIQUANT LE PAYS D'ORIGINE (EPO)

Corrigendum

l'Organe d'appel connaissant du présent différend" par "à la Présidente de l'Organe d'appel".

ESTADOS UNIDOS - DETERMINADAS PRESCRIPCIONES EN MATERIA
DE ETIQUETADO INDICATIVO DEL PAÍS DE ORIGEN (EPO)

Comunicación conjunta de México y los Estados Unidos

Corrigendum

 En las líneas segunda y tercera del párrafo introduc torio, sírvanse sustituir "al Presidente de la
Apelación".
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
Document: Communication from Mexico
Date: 7 November 2012
Document codes: WT/DS386/21
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
(COOL) REQUIREMENTS

Communication from Mexico

 The following communication, dated 31 Oct ober 2012 from the delegation of México to
the Arbitrator, is circulated to Members.

 Mexico reiterates its consent to your issu ing the arbitral award in these proceedings
by 4 December 2012, which award shall be deemed to be an award issued under Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES CONSTITUTION OF THE ARBITRATOR
Document: Note by the Secretariat
Date: 26 June 2015
Document codes: WT/DS386/37; WT/DS386/36; WT/DS386/35.
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 (COOL) REQUIREMENTS
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
CONSTITUTION OF THE ARBITRATOR
Note by the Secretariat
1. On 22 June 2015, the United States, in a communication addressed to the DSB
(), pursuant to Article 22.6 of the DS U, objected to the level of suspension of
concessions or other obligations proposed by Mexico in document The parties agree
that the matter has been referred to arbitration under Article 22.6 of the DSU.

2. Article 22.6 of the DSU provides as follows:

When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unless the DSB decides by consensus to reject
the request. However, if the Member concerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining party has requested authorization to suspend
concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration shall be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the da te of expiry of the reasonable period of
time. Concessions or other obligations shall not be suspended during the course of
the arbitration.
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.
3. The arbitration will be carried out by the original panelists as follows:

 Chairperson: Mr Christian Häberli

 Members: Mr Manzoor Ahmad
 Mr João Magalhães
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS RECOURSE BY MEXICO TO ARTICLE 22.2 OF THE DSU
Document: Corrigendum On page 2, penultimate paragraph, 3 rd line: "… in an amount of USD $653.5 million annually" should read "… in an amount of USD $713 million annually".
Date: 15 June 2015
Document codes: WT/DS386/34/Corr.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 (COOL) REQUIREMENTS
RECOURSE BY MEXICO TO ARTICLE 22.2 OF THE DSU
Corrigendum
On page 2, penultimate paragraph, 3 rd line: "… in an amount of USD $653.5 million annually"
should read "… in an amount of USD $713 million annually".
ÉTATS-UNIS – CERTAINES PRESCRIPTIONS EN MATIÈRE
D'ÉTIQUETAGE INDIQUANT LE PAYS D'ORIGINE (EPO)
Corrigendum
À la page 2, avant-dernier paragraphe, 3
ESTADOS UNIDOS - DETERMINADAS PRESCRIPCIONES EN MATERIA
DE ETIQUETADO INDICATIVO DEL PAÍS DE ORIGEN (EPO)
Corrigendum
dólares EE.UU. anuales" debe decir "… por una cuantía de 713 millones de dólares EE.UU.
anuales".
UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Document: RECOURSE TO ARTICLE 22.6
Date: 23 June 2015
Document codes: WT/DS386/36
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 (COOL) REQUIREMENTS
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
The following communication, dated 22 June 2015, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

Regarding Mexico's recourse to Article 22.2 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU") in the dispute United States – Certain Country of
Origin Labelling (COOL) Requirements (WT/DS386), my authorities have instructed me to inform
you that, pursuant to Article 22.6 of the DSU, the United States objects to the level of suspension
of concessions or other obligations under the General Agreement on Tariffs and Trade 1994
proposed by Mexico in document
1

Accordingly, as required by Article 22.6 of the DSU
2 the matter has been referred to arbitration.
UNITED STATES - CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
Document: Request by Mexico for Arbitration under Article 21.3(c) of the DSU
Date: 17 September 2012
Document codes: WT/DS386/19
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 (COOL) REQUIREMENTS

Request by Mexico for Arbitration under
Article 21.3(c) of the DSU

 The following communication, dated 13 Sept ember 2012, from the delegation of Mexico to
the Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

 On 23 July 2012, the Dispute Settlement Body (DSB) adopted the Appellate Body Report and
the Panel Report, as modified by the Appellate Body Report, in United States – Certain Country of
Origin Labelling (COOL) Requirements (DS386). By letter of 21 August 2012 and at the
DSB meeting of 31 August 2012, the United States stated that it intended to comply with its
WTO obligations and that it would need a reasonable period of time in which to do so.

 Mexico and the United States held consultations to agree on the reasonable period of time for
compliance, but failed to reach an agreement.

 In the absence of an agreement with the United States under Article 21.3(b) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) on a reasonable
period of time for the United States to comply with the recommendations of the DSB, Mexico hereby
requests that this period be determined through binding arbitration pursuant to Article 21.3(c) of
the DSU.

 Mexico will enter into consultations with the United States with a view to reaching agreement
on an arbitrator within the time-period provided for in footnote 12 of the DSU.

 Mexico is aware that Canada is submitting a pa rallel request in the dispute DS384. Since the
two cases, DS384 and DS386, were examined by th e same panel and the same Division of the
Appellate Body, Mexico asks that its request pursuant to Article 21.3(c) of the DSU be handled by the
same arbitrator and at the same time as Canada's parallel request, in joint proceedings.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Mexico
Date: 19 January 2009
Document codes: WT/DS387/2
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Mexico

 The following communication, dated 15 January 2009, from the delegation of Mexico to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 My authorities have instructed me to notif y you that, pursuant to Article 4.11 of the
WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, the Government
of Mexico wishes to be joined in the consultations requested by the United States in a communication
circulated on 7 January 2009 () entitled .
The Government of Mexico has a substantial trad e interest in these measures, in connection with
which it has already submitted a request for consultations in document
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from the European Communities
Date: 19 January 2009
Document codes: WT/DS387/3
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 15 January 2009, from the delegation of the European
Communities to the delegation of China, the delega tion of the United States and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the European Communities hereby notifies the Government of China,
the Government of the United States and the Dis pute Settlement Body that, in the light of the
substantial trade interest of the European Communities, it desires to be joined in the consultations
requested by the United States in a communicati on circulated to WTO Members on 7 January 2009
(, , , ) entitled .
 The European Communities has a significant and growing trading relationship with China and
exports from China to the European Communities may be assumed to be affected by the measures
challenged by the United States. China is currently the European Communities' second largest trading
partner and the biggest source of imports. The European Communities is China's biggest trading
partner. From 2004 to 2007 the overall import value of Chinese goods into the European
Communities increased from 128,7 billion EUROS to 232,6 billion EUROS. A significant share of
these imports appears to be potentially affected by the challenged measures. The European
Communities therefore has a substantial trade interest in the present dispute.
 The European Communities looks forward to be ing informed of the date and venue of the
consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Canada
Date: 19 January 2009
Document codes: WT/DS387/4
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Canada

 The following communication, dated 15 January 2009, from the delegation of Canada to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada hereby notifies its desire to be joined in the
consultations requested by the United States pursuant to Articles 1 and 4 of the DSU, Article XXII:1
of the General Agreement on Tariffs and Trade 1994, Articles 4 and 30 of the Agreement on Subsidies
and Countervailing Measures, and Article 19 of the Agreement on Agriculture, with regard to certain
measures offering grants, loans and other incentives to enterprises in China.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Mission of the United States, dated 19 December 2008, was circulated to WTO
Members on 7 January 2009 as ( ,

 Canada has a significant and growing trading relationship with China. In 2007, two-way
merchandise trade between the two countries reach ed CDN$47.6 billion, with China being the second
largest source of Canadian impor ts and the third largest destin ation for Canadian exports of
merchandise. The Chinese measures at issue appear to provide a wide range of grants, loans and other
incentives to Chinese enterprises in a broad range of sectors across the economy that may compete
with Canadian enterprises in Canada, China and th ird-country markets. Canada has, therefore, a
substantial trade interest in these consultations.

 A copy of this letter is being sent to the Ch airman of the Dispute Settlement Body, with a
request that it be circulated to Members.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Australia
Date: 20 January 2009
Document codes: WT/DS387/5
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Australia

 The following communication, dated 16 January 2009, from the delegation of Australia to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the Government of the People's
Republic of China that, in light of the substantial trade and systemic interests of Australia, it desires to
be joined in the consultations requested by the United States in the communication entitled " " and circulated to WTO Members on 7 January 2009 (DS387/1).

 Australia and China enjoy a strong and highly complementary trading relationship. China
became Australia's largest trading partner in 200 7. Total two-way trade reached AUD$63.8 billion in
2007-08, a 16.5 per cent increase on 2006-07. China is Australia's second largest export market after
Japan, accounting for 14.9 per cent of total Australia n exports (AUD$31.4 billion). China is a rapidly
growing market for Australian services exports, our second largest agricultural export market and our
largest source of merchandise imports.

 Given Australia's substantial trading interest s with China, trade measures adopted by the
Chinese Government are of significant interest to us. Australian goods compete with Chinese goods
within China and Australia. Australian goods also compete with Chinese products in third markets,
particularly in Australia's largest export markets which include Japan and the United States. Australia
therefore has a clear interest in ensuring that tr ade measures which affect the trading environments
within which Australian goods compete are consistent with WTO obligations.

 Australia looks forward to receiving your reply.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Turkey
Date: 20 January 2009
Document codes: WT/DS387/6
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Turkey

 The following communication, dated 15 January 2009, from the delegation of Turkey to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) Turkey hereby notifies the Gove rnment of the People's Republic of
China ("China"), the Government of the United States, and the Dispute Settlement Body that it desires
to be joined in the further consultations requested by the United States in a communication circulated
to WTO Members on 7 January 2009 ( , , )
entitled " ", in light of the substantial trade interest of
Turkey since China is a major trading partner of Turkey.

 Turkey has a substantial trade interest in th e matters under consideration. In this respect,
Turkey desires to closely monitor consultations and take part in this process.

 Turkey looks forward to being informed of the date and venue of the further consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Colombia
Date: 21 January 2009
Document codes: WT/DS387/7
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Colombia

 The following communication, dated 16 January 2009, from the delegation of Colombia to
the delegation of China, the delegation of the United States and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Proce dures Governing the Settlement of Disputes, the Government of
Colombia wishes to join the consultations requested by United States relating to , as indicated in document distributed on 7 January 2009.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Guatemala
Date: 22 January 2009
Document codes: WT/DS387/8
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Guatemala

 The following communication, dated 19 January 2009, from the delegation of Guatemala to
the delegation of China, the delegation of the United States and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Guatemala hereby notifies the G overnment of the People's Republic of
China, the Government of the United States, and the Dispute Settlement Body that, in the light of the
substantial trade interest of Guatemala, it desires to be joined in the consultations requested by the
United States concerning (, circulated on
7 January 2009).

 Guatemala has a substantial trade interest in the matters under consultation. Guatemala's
industries are directly affected by the measures challenged by the United States in its request for
consultations. Guatemala also has an interest in the correct application of the WTO agreements
relating to subsidies.

 Guatemala would appreciate being informed of the date and venue of the consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Ecuador
Date: 22 January 2009
Document codes: WT/DS387/9
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Ecuador

 The following communication, dated 19 January 2009, from the delegation of Ecuador to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Ecuador hereby notifies the G overnment of the People's Republic of
China, the Government of the United States, and the Dispute Settlement Body that, in the light of the
substantial trade interest of Ecuador, it desires to be joined in the consultations requested by the
United States concerning (, circulated on
7 January 2009).

 Ecuador has a substantial trade interest in th e matters under consultation. Ecuador's industries
are directly affected by the measures challenged by the United States in its request for consultations.
Ecuador also has an interest in the correct application of the WTO agreements relating to subsidies.

 Ecuador would appreciate being informed of the date and venue of the consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from New Zealand
Date: 22 January 2009
Document codes: WT/DS387/10
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from New Zealand

 The following communication, dated 19 January 2009, from the delegation of New Zealand to
the delegation of China, the delegation of the United States and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the Government of New Zealand hereby notifies the
Government of the People's Republic of China, th e Government of the United States of America and
the Dispute Settlement Body that Ne w Zealand desires to be joined in the consultations requested by
the United States in a communication circulated to WTO Members on 7 January 2009 (,
, , ) and entitled .

 New Zealand has a substantial trade interest in the subject of the consultations, including its
relevant trade in agricultural products, and therefore desires to be joined in these consultations. New
Zealand looks forward to confirmation of receipt and acceptance of this request to join the
consultations and advice regarding the timing and venue for the consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Acceptance by China of the Requests to Join Consultations Australia, Canada, Colombia, Ecuador, the Eu ropean Communities, Guatemala, Mexico, New Zealand and Turkey notified the Dispute Settlement Bo dy (DSB) of their desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU. The delegation of China informed the DSB th at it had accepted the requests of Australia, Canada, Colombia, Ecuador, the European Communities, Guatemala, Mexico, New Zealand and Turkey to join the consultations.
Date: 3 February 2009
Document codes: WT/DS387/11
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Acceptance by China of the Requests to Join Consultations

 Australia, Canada, Colombia, Ecuador, the Eu ropean Communities, Guatemala, Mexico, New
Zealand and Turkey notified the Dispute Settlement Bo dy (DSB) of their desire to be joined in the
consultations requested by the United States, pursuant to Article 4.11 of the DSU.

 The delegation of China informed the DSB th at it had accepted the requests of Australia,
Canada, Colombia, Ecuador, the European Communities, Guatemala, Mexico, New Zealand and
Turkey to join the consultations.

CHINE – DONS, PRÊTS ET AUTRES INCITATIONS

CHINA – DONACIONES, PRÉSTAMOS Y OTROS INCENTIVOS

Nueva Zelandia y Turquía notificaron al Órgano de Solución de Diferencias (OSD) su deseo de ser
artículo 4 del ESD.

 La delegación de China ha informado al OS D de que ha aceptado las solicitudes de asociación
Ecuador, Guatemala, México, Nueva Zelandia y Turquía.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from the European Communities
Date: 19 January 2009
Document codes: WT/DS388/2
Complainant: Mexico
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 15 January 2009, from the delegation of the European
Communities to the delegation of China, the delega tion Mexico, and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the European Communities hereby notifies the Government of Mexico,
the Government of China, and the Dispute Settlement Body that, in the light of the substantial trade
interest of the European Communities, it desires to be joined in the consultations requested by Mexico
in a communication circulated to WTO Members on 8 January 2009 (, ,
, ) entitled .

 The European Communities has a significant and growing trading relationship with China and
exports from China to the European Communities may be assumed to be affected by the measures
challenged by Mexico. China is currently the Eu ropean Communities' second largest trading partner
and the biggest source of imports. The European Communities is China's biggest trading partner.
From 2004 to 2007 the overall import value of Chinese goods into the European Communities
increased from 128,7 billion EUROS to 232,6 billion EU ROS. A significant share of these imports
appears to be potentially affected by the challe nged measures. The European Communities therefore
has a substantial trade interest in the present dispute.

 The European Communities looks forward to be ing informed of the date and venue of the
consultations.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Canada
Date: 19 January 2009
Document codes: WT/DS388/3
Complainant: Mexico
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Canada

 The following communication, dated 15 January 2009, from the delegation of Canada to the
delegation of China, the delegation of Mexico, and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada hereby notifies its desire to be joined in the
consultations requested by Mexico pursuant to Ar ticles 1 and 4 of the DSU, Article XXII:1 of the
General Agreement on Tariffs and Trade 1994 , Articles 4 and 30 of the Agreement on Subsidies and
Countervailing Measures , and Article 19 of the Agreement on Agriculture , with regard to certain
measures offering grants, loans and other incentives to enterprises in China.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Mission of Mexico, dated 19 De cember 2008, was circulated to WTO Members
on 8 January 2009 as ( ,

 Canada has a significant and growing trading relationship with China. In 2007, two-way
merchandise trade between the two countries reach ed CDN$47.6 billion, with China being the second
largest source of Canadian impor ts and the third largest destin ation for Canadian exports of
merchandise. The Chinese measures at issue appear to provide a wide range of grants, loans and other
incentives to Chinese enterprises in a broad range of sectors across the economy that may compete
with Canadian enterprises in Canada, China and th ird-country markets. Canada has, therefore, a
substantial trade interest in these consultations.

 A copy of this letter is being sent to the Ch airman of the Dispute Settlement Body, with a
request that it be circulated to Members.
CHINA – GRANTS, LOANS AND OTHER INCENTIVES
Document: Request to Join Consultations Communication from Australia
Date: 20 January 2009
Document codes: WT/DS388/4
Complainant: Mexico
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. 3, 9, 10  AgricultureArt. III:4  GATT 1994Art. 3  Subsidies and Countervailing Measures (SCM)Part I, para. 1.2, Part I, para. 12.1  Protocol of Accession

CHINA – GRANTS, LOANS AND OTHER INCENTIVES

Request to Join Consultations

Communication from Australia

 The following communication, dated 16 January 2009, from the delegation of Australia to the
delegation of China, the delegation of Mexico, and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the Government of the People's
Republic of China that, in light of the substantial trade and systemic interests of Australia, it desires to
be joined in the consultations requested by Mexico in the communication entitled " " and circulated to WTO Members on 8 January 2009 (DS388/1).

 Australia and China enjoy a strong and highly complementary trading relationship. China
became Australia's largest trading partner in 200 7. Total two-way trade reached AUD$63.8 billion in
2007-08, a 16.5 per cent increase on 2006-07. China is Australia's second largest export market after
Japan, accounting for 14.9 per cent of total Australia n exports (AUD$31.4 billion). China is a rapidly
growing market for Australian services exports, our second largest agricultural export market and our
largest source of merchandise imports.

 Given Australia's substantial trading interest s with China, trade measures adopted by the
Chinese Government are of significant interest to us. Australian goods compete with Chinese goods
within China and Australia. Australian goods also compete with Chinese products in third markets,
particularly in Australia's largest export markets which include Japan and the United States. Australia
therefore has a clear interest in ensuring that tr ade measures which affect the trading environments
within which Australian goods compete are consistent with WTO obligations.

 Australia looks forward to receiving your reply.