JAPAN - MEASURES AFFECTING CONSUMER PHOTOGRAPHIC FILM AND PAPER
Document: Original: English JAPAN - MEASURES AFFECTING CONSUMER PHOTOGRAPHIC FILM AND PAPER Request for the Establishment of a Panel by the United States
Date: 23 September 1996
Document codes: WT/DS44/2
Complainant: U.S.
Respondent: Japan
Third parties: EU, Mexico
Dispute stage: Panel
Agreements cited: Art. III:1, III:4, X:1, X:3, XXIII:1(b)  GATT 1994

JAPAN - MEASURES AFFECTING
CONSUMER PHOTOGRAPHIC FILM AND PAPER
Request for the Establishment of a Panel by the United States
The following communication, dated 20 September 1996, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated at the request of the United
States.
The Government of Japan has implemented and maintains laws, regulations, requirements and
measures (collectively "measures") affecting the distribution, offering for sale, and internal sale of
imported consumer photographic film and paper, including: liberalization countermeasures; distribution
measures, such as, but not limited to, the cabinet decision, administrative guidance, and other measures
listed in Attachment A; the Law Pertaining to the Adjustment of Business Activities of the Retail Industry
for Large Scale Retail Stores, No. 109 of 1973 (Daiten Ho); Special Measures for the Adjustment
of Retail Business; No. 155 of 1959 (Shocho Ho); the Law Against Unjustifiable Premiums and
Misleading Representations, No. 134 of 1962; measures regarding dispatched employees pursuant
to the Law Concerning the Prohibition of Private Monopoly and Maintenance of Fair Trade, No. 54
of 1947; the Law Concerning Enterprise Reform for Specified Industries, No. 61 of 1995; the Ministry
of International Trade and Industry Establishment Law, No. 275 of 1952; and related measures.
The United States considers that such measures nullify or impair benefits accruing to it, within
the meaning of Articles XXIII:1(a), as a result of the failure of the Government of Japan to carry out
its obligations under Article III and X of the General Agreement on Tariffs and Trade 1994 (GATT).
More specifically, the Japanese Government measures:
- were implemented and maintained so as to afford protection to domestic production
of consumer photographic film and paper within the meaning of GATT Article III:1;
- conflict with GATT Article III:4 by affecting the conditions of competition for the
distribution, offering for sale, and internal sale of consumer photographic film and
paper in a manner that accords less favourable treatment to imported film and paper
than to comparable products of national origin; and
- conflict with GATT Articles X:1 and X:3 because the measures lack transparency in
thattheywere notpromptlypublishedand were notadministeredina uniform, impartial
and reasonable manner.

In addition, the application of these measures by the Government of Japan nullifies or impairs,
within the meaning of GATT Article XXIII:1(b), the tariff concessions that the Government of Japan
made on black and white and colour consumer photographic film and paper in the Kennedy Round,
Tokyo Round, and Uruguay Round multilateral tariff negotiations.
On 13 June 1996, the Government of the United States requested consultations with the
Government of Japan under Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and GATT Article XXIII:1. The United States request was circulated
to the Members in document WT/DS44/1 (21 June 1996). The United States and Japan held consultations
on 11 July 1996 but failed to settle the dispute.
Accordingly, pursuant to Articles 4 and 6 of the DSU, the United States respectfully requests
the establishment of a panel with standard terms of reference as set out in Article 7 of the DSU.
The United States further asks that this request for the establishment of a panel be inscribed
on the agenda of a special meeting of the Dispute Settlement Body and that such meeting be held on
or before 3 October 1996.
ATTACHMENT A
MITI, "Administrative Guidance to Promote Rationalization of Distribution System", 1966
Cabinet Decision, "Liberalization of Foreign Investment", 6 June 1967.
MITI Industrial Structure Council Distribution Subcommittee, "Distribution Systemization", 1969.
(Tsusansho Koho, 13 and 14 August 1969).
MITI Preparatory Survey, "The Actual State of Trade Practices in Photo Film", 1969.
MITI, "Film Trade Normalization Guidelines", 1970.
MITI, "Business Bureau Report on Film Prices", 1970.
MITI, "Basic Plan for Distribution Systemization", 1971.
MITI, "Manual for Systemization of Distribution", 1975.
MITI, "Guidelines for Improving Business Practices", 1990.
MITI and the Small and Medium Enterprises Agency, "Distribution Vision for the 21st Century", 1995
(and earlier versions for the 1970s, 1980s, and 1990s).
Photo Industry Distribution Information Systemization Council [Kyogikai],
"Comprehensive ManualforPhotoDistributionIndustryDistributionInformationSystemization",1996
(and 1989, 1990, 1991, and 1992 versions).
Other related measures, including guidelines.