UNITED STATES - MEASURES AFFECTING THE IMPORTATION OF FRESH LEMONS
Document: Request for Consultations by Argentina
Date: 5 September 2012
Document codes: WT/DS448/1; G/L/1000; G/SPS/GEN/1187
Complainant: Argentina
Respondent: U.S.
Dispute stage: Panel
Agreements cited: Art. 1.1, 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.4, 5.6, 7, Annex B, 8, Annex C, 10.1  Sanitary and Phytosanitary Measures (SPS)Art. I:1, III:4, X:1, X:3, XI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - MEASURES AFFECTING THE IMPORTATION
OF FRESH LEMONS

Request for Consultations by Argentina

 The following communication, dated 3 Septem ber 2012, from the delegation of Argentina to
the delegation of the United States and to th e Chairperson 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 United States pursuant to
Articles 1 and 4 of the WTO Understanding on Rules and Procedures Governing the Settlement of
Disputes, Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994),
and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS Agreement), concerning United States measure s affecting the importation of fresh lemons
1 from
the North-East region2 of Argentina, as described below.

Prohibition on the importation of fresh lemons from the North-East region of Argentina

 For nearly 11 years, the United States has maintained a ban on imports of citrus fruits, which
covers fresh lemons from the North-East region of Argentina. The import ban can be inferred from
the following measures:

(a) The regulations under the Code of Federal Regulations, Title 7, Part 319, Subpart 28
"Citrus Fruit" (7 CFR 319.28) and Subpart 56 "Fruits and Vegetables" (7 CFR 319.56
to 319.56.56);
(b) the final rule of the Animal and Plant Inspection Service (APHIS), amending the
regulations established in the Code of Fede ral Regulations, Title 7, Parts 300 and 319
(7 CFR Part 300 and 319), [Docket No. 02-0 26-4], published in the Federal Register
on 25 June 2003, removing and reserving th e administrative instructions governing
such importation; and
(c) the judgement in the case concerning " Harlan Land Company, et al. vs.
United States Department of Agriculture, et al".
3

1 Citrus limon (L.) Burm. f. (Rutaceae).
2 The North-East region of Argentina comprises the provinces of Catamarca, Jujuy, Salta and
Tucumán.
3 Harlan Land Company, et al . vs. United States Department of Agriculture,
et al. Case #CV-F-00-6106-REC/LJO (D. Ariz. 27 September 2001).

The maintenance of this ban, in relation to fresh lemons from the North-East region of
Argentina, lacks scientific justification and cons titutes an import prohibition inconsistent with the
rules of the SPS Agreement and the GATT 1994.

Failure to approve the importation of fresh lemons from the North-East region of Argentina

 The United States has failed to approve the im portation of fresh lemons from the North-East
region of Argentina under Title 7, Part 319, Subp art 56 "Fruits and Vegetables" (7 CFR 319.56 to
319.56.56) and related provisions.

 Argentina considers that this lack of approval has no scientific justification and constitutes an
import prohibition inconsistent with the rules of the SPS Agreement and the GATT 1994.

Undue delays in approval procedures relating to fresh lemons from the North-East region of
Argentina

 The United States has also been responsible for undue delays in applying the procedures
contained in the Code of Federal Regulations (C FR) - Title 7, Part 319, Subpart 56 "Fruits and
Vegetables" (7 CFR 319.56 to 319.56.56), for the amendment of the US import approval process for
fruits and vegetables.

 These undue delays have occurred with regard to import approval procedures for fresh lemons
from the North-East region of Argentina.

 Seven years have elapsed since those pro cedures were initiated, in accordance with the
request made by Argentina in 2005, but no action has even been taken to publish a proposal for
amendment of the corresponding regulation in order to authorize the importation of fresh lemons from
the North-East region of Argentina.

 The undue delays are inconsistent with the rules of the SPS Agreement.

 Through the aforementioned measures, the Un ited States also discriminates against fresh
lemons from the North-East region of Argentina.

 In view of the foregoing, the US measures app ear to be inconsistent, in particular but not
exclusively, with that country's obligations under the following rules of the covered agreements.

 (i) Articles I:1, III:4, X:1, X:3 and XI:1 of the GATT 1994;

(ii) Articles 1.1, 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.4, 5.6 and 7, Annex B, 8, Annex C and
Article 10.1 of the SPS Agreement;

(iii) Article XVI:4 of the Marrakesh Agreement.

 The US measures appear to nullify or impair th e benefits accruing to Argentina, directly or
indirectly, under the covered agreements.

 Argentina reserves the right to include rules related to or amending those referred to in this
request for consultations, as well as to increase the claims relating thereto, in the course of the
consultations.

 Argentina looks forward to a favourable res ponse to this request for consultations and
expresses its readiness to coordinate a mutually convenient date and place for the consultations.