UNITED STATES – CERTAIN COUNTRY OF ORIGIN LABELLING (COOL) REQUIREMENTS
Document: Request for Consultations by Canada
Date: 4 December 2008
Document codes: WT/DS384/1; G/L/874; G/TBT/D/33; G/SPS/GEN/890; G/RO/D/6
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

 The following communication, dated 1 December 2008, 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.

 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 of Sanitary and Phyto-Sanitary Measures (SPS Agreement) and Article 7
of the Agreement on Rules of Origin , the Government of Canada here by requests consultations with
the United States of America concerning the ma ndatory country of origin labelling (COOL)
provisions in the Agricultural Marketing Act of 1946 as amended by the 2008 Farm Bill (Food,
Conservation and Energy Act, 2008 ) and as implemented through the Interim Final Rule of
28 July 2008. These include the obligation to inform consumers at the retail level of the country of
origin in respect of covered commodities, including beef and pork. The eligibility for a designation of
a covered commodity as exclusively having a US orig in can only be derived from an animal that was
exclusively born, raised and slaughtered in the Un ited States. This would exclude such a designation
in respect of beef or pork derived from livestock that is exported to the United States for feed or
immediate slaughter.

 The mandatory COOL provisions appear to be inconsistent with the United States' obligations
under the WTO Agreement, including:

(i) Articles III:4, IX:4, X:3 of 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 Canada under those
Agreements. Moreover, these measures appear to nullify or impair the benefits accruing to Canada in
the sense of Article XXIII:l(b) of GATT 1994.
WT/DS384/1, G/L/874,
G/TBT/D/33, G/SPS/GEN/890,

 Canada reserves the right to raise additional claims and legal matters regarding the measures
at issue during the course of consultations.

 Canada looks forward to receiving the reply of the United States to this request and welcomes
any suggestions that it might wish to make concerning the date on which these consultations could
take place, and the location of the consultations.