dean22029/WTO_Docs huggingface dataset:
UNITED STATES - MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Request to Join Consultations Communication from Australia
Date: 11 November 2008
Document codes: WT/DS381/3
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

Request to Join Consultations

Communication from Australia

 The following communication, dated 7 November 2008, from the delegation of Australia 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 paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the United States that, in light of
Australia's substantial trade interest, it desires to be joined in the consultations requested by Mexico in
the communication entitled United States – Measures Affecting the Importation, Marketing and Sale
of Tuna and Tuna Products and circulated to WTO Members on 28 October 2008 ().

 Australia has substantial trade and commercial interests in this matter. In 2007 Australia was
the tenth largest participant in world trade in tuna by value. Australia's tw o way trade with the world
in tuna and tuna products in calendar year 2 007 was valued at AUS$370,893,000, with the United
States being our second largest export destination for tuna products.

 Australia is also significantly involved in fish eries management in the Pacific and for tuna
specifically. This participation also demonstrates Aust ralia's substantial interest in the trade in fish
products and tuna in particular. Australia is a member of the following Regional Fisheries
Management Organisations relating to tuna:

• the Indian Ocean Tuna Commission (IOTC)
• the Commission for the Conservation of Southern Bluefin Tuna (CCSBT)
• the Western and Central Pacific Fisheries Commission (WCPFC)

These organisations share common fish and marine animal management and conservation objectives
with the Inter-American Tropical Tuna Commission (IATTC).

 Australia looks forward to receiving your reply.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Constitution of the Panel Established at the Request of Mexico Note by the Secretariat
Date: 15 December 2009
Document codes: WT/DS381/5; WT/DS381/4; WT/DS381/4
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

Constitution of the Panel Established at the Request of Mexico

Note by the Secretariat

1. At its meeting on 20 April 2009, the Dis pute Settlement Body (DSB) established a panel
pursuant to the request of Mexico in document , in accordance with Article 6 of the DSU
(WT/DSB/M/267).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the parties to the dispute, the matter referred to the DSB by Mexico in document
 and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 2 December 2009, Mexico requested the Di rector-General to determine the composition
of the panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:

"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 14 December 2009, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Mario Matus

 Members: Mr Franz Perrez
 Mr Sivakant Tiwari

5. Argentina, Australia, Brazil, Canada, China, Ecuador, the European Communities
1,
Guatemala, Japan, Korea, New Zealand, Chinese Taipei, Thailand, Turkey and Venezuela have
reserved their rights to participate in the Panel proceedings as third parties.

European Community (done at Lisbon, 13 December 2007) entered into fo rce. On 29 November 2009, the
WTO received a Verbal Note (WT/L/77 9) from the Council of the European Union and the Commission of the
European Communities stating that, by virtue of the Treaty of Lisb on, as of 1 December 2009, the
European Union replaces and succeeds the European Community.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 18 June 2010
Document codes: WT/DS381/6
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

Communication from the Chairman of the Panel

 The following communication, dated 15 June 2010 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on (WT/DS381) was established by the DSB on 20 April 2009 and composed
on 14 December 2009.

 It will not, however, be possible for the Panel to complete its work within six months from the
date of the Panel's composition due to the schedul e adopted by the Panel in consultation with the
parties. The Panel expects that it will issue its final report to the parties in February 2011.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Replacement of a Member of the Panel Note by the Secretariat Following the death on 26 July 2010 of Mr Sivakant Tiwari, Panel member, the parties on
Date: 24 August 2010
Document codes: WT/DS381/7
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

Replacement of a Member of the Panel

Note by the Secretariat

 Following the death on 26 July 2010 of Mr Sivakant Tiwari, Panel member, the parties on
12 August 2010 agreed on a new member of the Panel. Accordingly, the composition of the Panel is
now as follows:

Chairman: Mr Mario Matus

Members: Ms Elizabeth Chelliah
 Mr Franz Perrez
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 25 February 2011
Document codes: WT/DS381/8; WT/DS381/6
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

Communication from the Chairman of the Panel

 The following communication, dated 24 February 2011, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 The Panel, in its communication to the DS B dated 15 June 2010 (), indicated
that it expected to issue its final report to the par ties to the dispute in February 2011. Due to the
modification of the timetable required as a result of the unforeseen change in the composition of the
Panel, as well as the complexity of a number of issues raised in this case, the Panel now expects to
issue its final report to the parties by 8 June 2011.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Joint Request by Mexico and the United States for a Decision by the DSB
Date: 1 November 2011
Document codes: WT/DS381/9
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

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

 The following communication, dated 31 Octobe r 2011, from the delegation of Mexico and the
delegation of the United States to the Chairper son of the Dispute Settlement Body (DSB), 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 th at the Dispute Settlement Body (DSB) adopt the
draft decision attached to this le tter with respect to the dispute (WT/DS381). We consider that the
draft DSB decision, if adopted, would provide greater flexibility in scheduling any possible appeal.

We respectfully request that you circulate 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 January 20, 2012, adopt the report of the panel in the dispute United States –
Measures Concerning the Importation, Market ing and Sale of Tuna and Tuna Products
() unless (i) the DSB decides by consensus not to do so or (ii) either party to the dispute
notifies the DSB of its decision to appeal pursuant to Article 16.4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from the Appellate Body
Date: 22 March 2012
Document codes: WT/DS381/12
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

Communication from the Appellate Body

 The following communication, dated 20 Marc h 2012, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, is circulated in accordance with Article 17.5
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The United States notified the DSB on 20 January 2012 of its decision to appeal certain issues
of law covered in the Panel Report and legal interpretations developed by the Panel in this case, with
the result that the 60-day period expires on Tuesday, 20 March 2012. The Appellate Body w ill not be
able to circulate its Report within 90 days. This is due in part to the size of this appeal, including the
number and complexity of the issues raised by the participants. It is also due to the large caseload that
the Appellate Body was, and is, facing, and schedu ling constraints resulting therefrom. Accordingly,
it is expected that the Appellate Body Report in this appeal will be circulated to WTO Members no
later than Wednesday, 16 May 2012.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Joint communication from the United States and Mexico
Date: 19 April 2012
Document codes: WT/DS381/13
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

Joint communication from the United States and Mexico

 The following communication, dated 12 April 2012, from the delegation of the United States
and the delegation of Mexico to the Presiding Member of the Appellate Body Division in this dispute,
is circulated at the request of those delegations.

Due to difficulties in scheduling the oral heari ng in the above-referenced appeal, the hearing
was scheduled outside the 30-45 day period set out in Rule 27(1) and Annex I of the Working
Procedures for Appellate Review (WT/AB/WP/6). As a result, the parties agreed that it would not be
possible to circulate the Appellate Body Report in an appeal within the 90-day time limit referred to in
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU"). In light of the need to accommodate th e delay in the oral hearing, the United States and
Mexico have agreed to extend the 90-day deadline for completion of the Appellate Body Report.

On March 22, 2012, the Appellate Body inform ed the DSB of its reasons for the delay in
providing its report and stated that the report "will be circulated to Members no later than Wednesday,
16 May 2012". Consistent with past practice, the Un ited States and Mexico hereby confirm that they
will each deem an Appellate Body Report in this proc eeding, issued no later than May 16, 2012, to be
an Appellate Body Report circulated pursuant to Article 17.5 of the DSU.

H.E. Mr. Michael Punke
Ambassador
Permanent Mission of the United States

H.E. Mr. Fernando de Mateo
Ambassador
Permanent Mission of Mexico
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from the Appellate Body
Date: 21 May 2012
Document codes: WT/DS381/14; WT/DS381/AB/R.
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

Communication from the Appellate Body

 The following communication, dated 16 April 2012, from the Chair of the Appellate Body to
the Chairman of the Dispute Settlement Body is ci rculated in accordance with Article 17.5 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in United States –
Measures Concerning the Importation, Ma rketing and Sale of Tuna and Tuna Products ,
 It will be circulated to Member s of the at 5.00 p.m.
today, in accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes . It is a confidential document until its circulation. The three
Members of the Appellate Body who served on this appeal were myself, as Presiding Member, and
Mr. Ujal Singh Bhatia and Mr. Thomas R. Graham, as Members.
UNITED STATES - MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from the Appellate Body Corrigendum In the first paragraph, the date of the co mmunication should read 16 May 2012, instead of
Date: 22 May 2012
Document codes: WT/DS381/14/Corr.1
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

Communication from the Appellate Body

Corrigendum

 In the first paragraph, the date of the co mmunication should read 16 May 2012, instead of
16 April 2012.

ÉTATS-UNIS - MESURES CONCERNANT L'IMPORTATION,

Communication de l'Organe d'appel

Corrigendum
le 16 avril 2012.

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN,
COMERCIALIZACIÓN Y VENTA DE ATÚN
Y PRODUCTOS DE ATÚN

Corrigendum
 En el primer párrafo, la fecha de la comunic ación debe ser 16 de mayo de 2012, en lugar de
16 de abril de 2012.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Communication from Mexico  and the United States concerning Article 21.3(c) of the DSU
Date: 6 August 2012
Document codes: WT/DS381/16
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

Communication from Mexico and the United States concerning
Article 21.3(c) of the DSU

 The following communication, dated 2 August 2012, from the delegation of Mexico and the
delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the
request of these delegations.

 At its meeting on 13 June 2012, the Dis pute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute United States — Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products (DS381). In its statement at the meeting of the DSB
held on 25 June 2012, the United States announ ced its intention to implement the DSB's
recommendations and rulings in this dispute and stated that it would need a reasonable period of time
in which to do so.

 Article 21.3 of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes ("DSU") provides that the reasonable period of time shall be a period of time mutually
agreed by the parties to the dispute, or in the ab sence of an agreement, the reasonable period of time
shall be determined "through binding arbitration with in 90 days after the date of adoption of the
recommendations and rulings."
 The United States and Mexico continue to discuss a mutually agreeable period of time. In
order to allow sufficient time for those discussions, Mexico and the United States (i) agree that, in the
event an arbitration under Article 21.3(c) of the DS U is requested, it shall be completed no later than
60 days after the date of the appointment of an arbitrator, unless the arbitrator, following consultation
with the parties, considers that additional time is required; and (ii) hereby confirm that any award of
the arbitrator (including an award not made within 90 days after the date of adoption of the DSB
recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reasonable period of time for the United States to
implement the recommendations and rulings of the DSB.
 We respectfully request that you circulate th is notification to the Members of the DSB.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Agreement under Article 21.3(b) of the DSU
Date: 19 September 2012
Document codes: WT/DS381/17
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

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 17 Sept ember 2012, from the delegation of the
United States and the delegation of Mexico to th e Chairperson of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(b) of the DSU.

 We would like to inform you that, with refe rence to our previous joint communication from
2 August 2012 and pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, the United States and Mexico have agreed that the reasonable
period of time for the United States to implement the recommendations and rulings of the Dispute
Settlement Body (“DSB”) in the dispute United States — Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products (DS381) shall be 13 months from the 13 June 2012,
date of adoption of the DSB recommendations and rulings. Accordingly, the reasonable period of
time expires on 13 July 2013.

 We request that you circulate this notification to the Members of the DSB.

For the United States

(Signed)
Mr. David P. Shark
Chargé d’affaires, a.i.
For Mexico

(Signed)
Ms. Cristina Hernández
Chargé d’affaires, a.i.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS STATUS REPORT BY THE UNITED STATES
Document: STATUS REPORT
Date: 12 April 2013
Document codes: WT/DS381/18
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
STATUS REPORT BY THE UNITED STATES
 The following communication, dated 11 April 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products
(WT/DS381)

The United States submits this report in accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes.

On 13 June 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products (WT/DS381). At the following DSB meeting, the United States informed the DSB of
its intention to implement the recommendations and rulings of the DSB in connection with this
matter.

The United States and Mexico agreed that the reasonable period of time ("RPT") for the
United States to implement the recommendations and rulings of the DSB would end on
13 July 2013, and jointly notified the DSB of this agreement on 17 September 2012.

On 5 April 2013, the United States published in the Federal Register a proposed rule related
to the US dolphin-safe labeling requirements subject to the recommendations and rulings of the
DSB.
1 The United States will continue to work to implement the recommendations and rulings of
the DSB by the end of the RPT.

Fed. Reg. 20604 (proposed Apr. 5, 2013) (to be codified at 50 CFR pt.216).
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 14 May 2013
Document codes: WT/DS381/18/Add.1
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
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 13 May 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products
(WT/DS381)

The United States submits this report in accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes.

On 13 June 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products (WT/DS381). At the following DSB meeting, the United States informed the DSB of
its intention to implement the recommendations and rulings of the DSB in connection with this
matter.

The United States and Mexico agreed that the reasonable period of time ("RPT") for the
United States to implement the recommendations and rulings of the DSB would end on
13 July 2013, and jointly notified the DSB of this agreement on 17 September 2012.

On 5 April 2013, the United States published in the Federal Register a proposed rule related to the
US dolphin-safe labeling requirements subject to the recommendations and rulings of the DSB.
1
The United States is evaluating the comments received concerning the proposed rule and will
continue to work to implement the recommendations and rulings of the DSB by the end of the
RPT.

Fed. Reg. 20604 (proposed Apr. 5, 2013) (to be codified at 50 CFR pt.216).
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 14 June 2013
Document codes: WT/DS381/18/Add.2
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
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 13 June 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products
(WT/DS381)

The United States submits this report in accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes.

On 13 June 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products (WT/DS381). At the following DSB meeting, the United States informed the DSB of
its intention to implement the recommendations and rulings of the DSB in connection with this
matter.

The United States and Mexico agreed that the reasonable period of time ("RPT") for the
United States to implement the recommendations and rulings of the DSB would end on
13 July 2013, and jointly notified the DSB of this agreement on 17 September 2012.

On 5 April 2013, the United States published in the Federal Register a proposed rule related
to the US dolphin-safe labeling requirements subject to the recommendations and rulings of the
DSB.
1 The United States is evaluating the comments received concerning the proposed rule and
will continue to work to implement the recommend ations and rulings of the DSB by the end of the
RPT.

Fed. Reg. 20604 (proposed Apr. 5, 2013) (to be codified at 50 CFR pt.216).
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 12 July 2013
Document codes: WT/DS381/18/Add.3
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
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 11 July 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Concerning the Importation,
Marketing and Sale of Tuna and Tuna Products
(WT/DS381)

The United States submits this report in accordance with Article 21.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes.

On 13 June 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products (WT/DS381). At the following DSB meeting, the United States informed the DSB of
its intention to implement the recommendations and rulings of the DSB in connection with this
matter.

The United States and Mexico agreed that the reasonable period of time ("RPT") for the
United States to implement the recommendations and rulings of the DSB would end on
13 July 2013, and jointly notified the DSB of this agreement on 17 September 2012.

On 9 July 2013, the United States published in the Federal Register a final rule related to the
US dolphin-safe labeling requirements subject to the recommendations and rulings of the DSB.
1
The US dolphin-safe labeling regulation now requires captains – and where available, qualified and
approved observers – to certify that no dolphins were killed or seriously injured during fishing
operations occurring outside the eastern tropical Pacific Ocean. The final rule is effective
13 July 2013, and – within the RPT – brings the US dolphin-safe labeling regime into compliance
with the recommendations and rulings of the DSB.

Rule, 78 Fed. Reg. 40997 (9 July 2013) (to be codified at 50 CFR pt.216).
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO CONSTITUTION OF THE PANEL
Document: Note by the Secretariat
Date: 6 February 2014
Document codes: WT/DS381/21; WT/DS381/20.
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 21.5 OF THE DSU BY MEXICO
CONSTITUTION OF THE PANEL
Note by the Secretariat
1. At its meeting on 22 January 2014, the Di spute Settlement Body (DSB) referred this
dispute, if possible, to the original Panel in a ccordance with Article 21.5 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) to examine the matter referred
to the DSB by Mexico in document

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant pr ovisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by Mexico in document
 and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. In accordance with Article 21.5 of the DS U, the Panel was composed on 27 January 2014 as
follows:

Chairperson: Mr Mario Matus

 Members: Ms Elizabeth Chelliah
 M r F r a n z P e r r e z

4. Australia, Canada, China, the European Unio n, Guatemala, Japan, the Republic of Korea,
Norway, New Zealand, and Thailand have reserv ed their rights to participate in the Panel
proceedings as third parties.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 17 April 2014
Document codes: WT/DS381/22
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 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE PANEL
The following communication, dated 16 April 2014, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the panel shall circulate its report within 90 days after the date of referral of
the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 22 January 2014, the DSB referred the dispute United States – Measures Concerning the
Importation, Marketing and Sale of Tuna Products , Recourse to Article 21.5 of the DSU by Mexico
(WT/DS381) to the original panel, if possible. The Panel was composed on 27 January 2014.
1

The Panel expects to issue its final report to the parties by December 2014, in accordance with the
timetable adopted after consultation with the parties.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 29 January 2015
Document codes: WT/DS381/23
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 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE PANEL
The following communication, dated 28 January 2015, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the panel shall circulate its report within 90 days after the date of referral of
the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 22 January 2014, the DSB referred the dispute United States – Measures Concerning the
Importation Marketing and Sale of Tuna and Tuna Products, Recourse to Article 21.5 of the DSU by
Mexico (WT/DS/381) to the original panel, if possible. The Panel was composed on
27 January 2014.
1 In its communication to the DSB on 16 April 2014 (), the Panel
indicated that it expected to issue its final re port to the parties by the end of December 2014.
However, due to the complexity of the dispute, the Panel was not able to issue its final report to
the parties by the aforementioned date.

The Panel now expects to be able to issue its final report to the parties by 30 January 2015.

I would be grateful if you would circulate this letter to the Members of the DSB.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 17 August 2015
Document codes: WT/DS381/26
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 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 3 August 2015, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Body, is circulated to Members in accordance
with Article 17.5 of the Understanding on Rule s and Procedures Governing the Settlement of
Disputes.

I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), wh ich stipulates that, as a general rule, the
Appellate Body will circulate its report no later than 60 days after the appellant has formally
notified the Dispute Settlement Body (DSB) of its decision to appeal. Article 17.5 states,
furthermore, that, when the Appellate Body considers that it cannot provide its report within
60 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate of
the period within which it will submit its report.

The United States notified the DSB on 5 June 2015 of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in this case, with the
result that the 60-day period expires on Tuesday, 4 August 2015. On 10 June 2015, Mexico also filed
a notice of appeal in this case. For the reasons expressed below, the Appellate Body will not be able
to circulate its report by 4 August 2015, or within the 90-day timeframe provided for in the last
sentence of Article 17.5 of the DSU.

The Appellate Body faces a substantial workload this year, with several appellate proceedings
running in parallel, and often with overlap in the composition of the Divisions hearing the different
appeals. In addition, in response to a request from Mexico, the Division hearing this appeal issued
a procedural ruling to reschedule the oral hearing dates to 21-22 September 2015. Due to the
scheduling issues arising from these circumstan ces, the number and complexity of the issues
raised in this and concurrent appellate proceedings, and the shortage of staff in the Appellate Body
Secretariat, the Appellate Body will not be able to circulate its report in this dispute by the end of
the 60-day period, or within the 90-day timeframe provided for in Article 17.5 of the DSU. We
estimate that the Appellate Body report in this a ppeal will be circulated to WTO Members no later
than Friday, 20 November 2015.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 24 November 2015
Document codes: WT/DS381/27; WT/DS381/AB/RW
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 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 20 November 2015, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is being circulated to Members.

I t i s m y h o n o u r t o p r o v i d e t o y o u t h e R e p o r t o f t h e A p p e l l a t e B o d y i n United States – Measures
Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
 Recourse to Article 21.5 of
the DSU by Mexico (). The Report will be circulated to Members of the at 4 p.m. today, and is confidenti al until circulation. The three Members of the
Appellate Body who served on this appeal were Mr Shree B.C. Servansing, as Presiding Member, and
Mr Ujal Singh Bhatia and Ms Yuejiao Zhang, as Members.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Document: Action by the Dispute Settlement Body
Date: 4 December 2015
Document codes: WT/DS381/28; WT/DS381/AB/RW; WT/DS381/AB/RW/Add.1; WT/DS381/RW; WT/DS381/RW/Corr.1; WT/DS381/RW/Add.1
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
APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Action by the Dispute Settlement Body
At its meeting on 3 December 2015, the Dispute Settlement Body adopted the Appellate Body
report on United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products: Recourse to Article 21.5 of the DSU by Mexico ( and
) and the Panel report (, and
) as modified by the Appellate Bo dy report. The Panel report should be read
in conjunction with the Appellate Body report.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 4 April 2016
Document codes: WT/DS381/31
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
COMMUNICATION FROM THE EUROPEAN UNION
The following communication, dated 31 March 2016, was received from the delegation of the
European Union with the request that it be circulated to the Dispute Settlement Body (DSB).

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 – Measures Concerning
the Importation, Marketing and Sale of Tuna and Tuna Products (DS381), the United States has
objected to the level of suspension of concessions or other obligations under the General
Agreement on Tariffs and Trade 1994 proposed by Mexico in document
During its regular meeting of 23 March 2016, the Dispute Settlement Body referred the matter to
arbitration.
To the extent that the above proceedings address any disagreement between the Parties
concerning compliance, the European Union hereby reserves its third party rights.
We request that you please circulate the attached letter to all Members
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS COMMUNICATION FROM CANADA
Document: COMMUNICATION FROM
Date: 19 April 2016
Document codes: WT/DS381/33; WT/DS381/29
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
COMMUNICATION FROM CANADA
The following communication, dated 11 April 2016, was received from the delegation of Canada
with the request that it be circulated to the Dispute Settlement Body (DSB).

At the regular DSB meeting held on 23 March 2016, as set out in document , Mexico
sought recourse to Article 22.2 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") in the dispute United States – Meas ures Concerning the
Importation, Marketing and Sale of Tuna and Tuna Products (DS381). Pursuant to DSU
Article 22.6, at the same DSB meeting, as set out in document , the United States
objected to the level of suspension of concessions or other obligations proposed by Mexico and the
matter was referred to arbitration.
If these arbitral proceedings address any disagreement between the Parties concerning
compliance, Canada hereby reserves its third party rights.
We request that you please circulate the attached letter to all Members.