TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Request for Consultations by the United States
Date: 7 November 2005
Document codes: WT/DS334/1; G/L/759; G/LIC/D/39; G/TRIMS/D/21; G/AG/GEN/70
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Request for Consultations by the United States

 The following communication, dated 2 November 2005, from the delegation of the
United States to the delegation of Turkey 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 Turkey
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 6 of the Agreement on Import Licensing Procedures ("Import Licensing
Agreement"), Article 8 of the Agreement on Trade-Related Investment Measures ("TRIMs
Agreement"), and Article 19 of the Agreement on Agriculture ("Agriculture Agreement") with respect
to Turkey's import restrictions on rice from the United States.

 Under Turkey's import regime for rice, Turkey requires an import license to import rice.
However, Turkey fails to grant licenses to import ri ce at the bound rate of duty. In addition, Turkey
operates a tariff-rate quota for rice imports requiring that in order to import specified quantities of rice
at reduced tariff levels, importers must purchase sp ecified quantities of domestic rice, including from
the Turkish Grain Board (TMO), Turkish producers, or producer associations ("the domestic purchase
requirement").

 The United States understands that the measur es through which Turkey has maintained these
restrictions include:

• Decree No. 96/7794 related to the General Assessment of the Regime Regarding
Technical Regulations and Standardizati on for Foreign Trade (Official Gazette,
No. 22541, 1 February 1996, Repeated);

• Decision of the board of ministers: Decree No. 2004/7135 related to the
implementation of a tariff quota for certain types of paddy rice and rice types imports
(Official Gazette, No. 25439, 20 April 2004);

• A notification related to implementation of tariff quotas for certain types of paddy
and rice imports, from the Foreign Trade Undersecretariat (Official Gazette,
No. 25445, 27 April 2004);
WT/DS334/1, G/L/759,
G/LIC/D/39, G/TRIMS/D/21,

• Decision of the board of ministers: Decree No. 2004/7333 related to the management
of quota and tariff contingent on import (Official Gazette, No. 25473, 26 May 2004);

• Decision of the board of ministers: Decree No. 2004/7756 related to the
implementation of a tariff contingent on the import of certain paddy rice and rice
types (Official Gazette, No. 25565, 27 August 2004);

• A notification about the implementation of a tariff contingent on the import of certain
paddy rice and rice types, from the Foreign Trade Undersecretariat (Official Gazette,
No. 25577, 8 September 2004);

• A notification on Standardization in Foreign Trade, Notification No. 2005/05
(Official Gazette, No. 25687, 31 December 2004);

• A notification about the amendment of the notification related to the implementation
of a tariff contingent on the import of certain paddy rice and rice types, from the
Foreign Trade Undersecretariat (Official Gazette, No. 25767, 26 March 2005);

• A notification about the amendment of the notification related to the implementation
of a tariff contingent (customs duty) on the import of certain paddy rice and rice
types, from the Foreign Trade Undersecretariat (Official Gazette, No. 25812,
11 May 2005);

• Decision of the board of ministers: Decree No. 2005/9315 related to the
implementation of a tariff contingent on th e import of certain types of paddy rice and
rice types (Official Gazette, No. 25935, 13 September 2005);

• A notification related to the implementation of a tariff contingent on the import of
certain paddy rice and rice types, from the Foreign Trade Undersecretariat (Official
Gazette, No. 25943, 21 September 2005); and

• any amendments or extensions to these me asures, and any related or implementing
measures.

 Turkey appears to administer the domestic purchase requirement through its import licensing
regime.

 Turkey's import restrictions on rice thus a ppear to be inconsistent with the following
provisions:

• Article 2.1 and paragraph 1(a) of Annex 1 of the TRIMs Agreement;

• Articles III (including paragraphs 4, 5, and 7) and XI:1 of the GATT 1994;

• Article 4.2 of the Agriculture Agreement; and

• Articles 1.2, 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 3.5(a), 3.5(b), 3.5(d), 3.5(e), 3.5(f), 3.5(g),
3.5(h), 3.5(k), 5.1, 5.2, 5.3, and 5.4 of the Import Licensing Agreement.
WT/DS334/1, G/L/759,
 G/LIC/D/39, G/TRIMS/D/21,

Turkey's measures also appear to nullify or impair the benefits accruing to the United
States directly or indirectly under the cited agreements.

 We look forward to receiving your reply to th e present request and to fixing a mutually
convenient date for consultations.