UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 22.7 OF THE DSU BY MEXICO
Document: Panel Report
Date: 12 May 2017
Document codes: WT/DS381/44
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION,
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 22.7 OF THE DSU BY MEXICO
The following communication, dated 1 1 May 2017, from the delegation of Mexico to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.7 of the DSU.

Upon instruction from my authorities, I hereby request that the following item be included in the
agenda of the regular meeting of the Dispute Settlement Body (DSB) of 22 May 2017:
United States – Measures Concerning the Importation, Marketing
and Sale of Tuna and Tuna Products (DS381).
– Request by Mexico to suspend obligations in conformity with
Article 22.7 of the DSU.
On 1 3 June 2012, the DSB adopted the Appellate Bod y R eport an d the modified Panel Report .
In those reports, it was found that the US "dolphin safe" labelling provisions were inconsistent with
Article 2.1 of the Agreement on Technical Barriers to Trade (TBT Agreement) . T he DSB
recommended that the United States bring the measure into conformity with its obligations.
In this connection, the United States informed the DSB that i t intended to implement the
DSB recommendations and rulings . O n 9 July 2013, the United States published in its Federal
Register a Fi nal Rule entitled "Enhanced Document Requirements to Support Use of the Dolphin
Safe Label on Tuna Products" (2013 Final Rule) . I n Mexico's view, that rule did not bring the
United States into compliance with the recommendations and rulings of the DSB, and Mexico
therefore initiated a proceeding under Article 21.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) . I n its panel request , Mexico indicated that the
"measure taken to comply with the recommendations and rulings" of the DSB, hereinafter referred
to as the "amended tuna measure", comprises : (i) Section 1385 ("Dolphin Protection Consumer
Information Act"), as contained in Subchapter II ("Conservation and Protection of Marine
Mammals") of Chapter 31 ("Marine Mamma l Protection"), in Title 16 of the US Code ; (ii) US Code
of Federal Regulations, Title 50, Part 216, Subpart H ("Dolphin Safe Tuna Label ing"), as
amended by the 2013 Final Rule; (iii) The ruling in Earth Island Institute v . Hogarth, 494 F.3d 757
(9th Cir. 2007); (iv) Any implementing guidance, directives, policy announcements or any other
document issued in relation to instruments (i) through (iii) above, including any modifications or
amendments in relation to those instruments.1  
On 14 April 2015, the Compliance Panel found that the amended tuna measure was inconsistent
with Article 2.1 of the TBT Agreement and Articles I:1 and II I:4 of the General Agreement
on Tariffs and Trade 1994 (GATT 1994) , and that it was not justified und er Arti cle XX of the
GATT 1994. The Appellate Body Report circulated to WTO Members on 2 0 November 2015 upheld
the Panel's findings that the measure was inconsistent with Article 2.1 of the TBT Agreement
and Articles I:1 and III:4 of the GATT 1994, and tha t it was not justified under Article XX of

1 WT/DS381/20.

the GATT 1994 . On 3 December 2015, the DSB adopted the Article 21.5 Appellate Body Report
and the Compliance Panel Report, as modified by the Appellate Body Report.
On 1 0 March 2016, in accordance with Article 22 of the DSU and the "Understand ing between
the United States and Mexico Regarding Procedures under Articles 21 and 22 of the DSU" 2, Mexico
requested authorization from the DSB to suspend the application to the United States of tariff
concessions and other related obligations in the goods sector under the GATT 1994.3
On 22 March 2016, the United States objected to the level of suspension of concessions or other
obligations under the GATT 1994 proposed by Mexico.4
Consequently, in accordance with the provision s of Article 22.6 of the DSU, the matter was
referred to arbitration.
The Arbitrator issued its decision of 25 April 20175, in which it determined the level of nullification
or impairment caused to Mexico by the 2013 Tuna Measure.
In accordance with Articl e 22.7, Mexico requests authorization from the DSB to suspend the
application to the United States of tariff concessions and other related obligations in the goods
sector under the GATT 1994 in an amount of US$163.23 million per annum.
Mexico will implemen t the suspension of tariff concessions and other related obligations by
increasing import tariffs on goods from the United States in a manner consistent with Article 22.3
of the DSU.
Mexico will submit the details of this measure at the earliest possible date.
Finally, I request that this communication be circulated to all Members.