UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse by Malaysia to Article 21.5 of the DSU
Date: 13 October 2000
Document codes: WT/DS58/17; WT/DS58/AB/R; WT/DS58/R
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Recourse by Malaysia to Article 21.5 of the DSU
The following communication, dated 12 October 2000, from the Permanent Mission of
Malaysia to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.5 of the
DSU.
On 6 November 1998, the Dispute Settlement Body (DSB) adopted the Appellate Body
Report () and the Report of the Pa nel () as modified by the Appellate
Body in "United States-Import Prohibition Of Certai n Shrimp And Shrimp Products". The Appellate
Body found that while qualifying for provisional justification under Article XX (g), the import
prohibition imposed under Section 609 of Public Law 101-162 fails to meet the requirements of the
chapeau of Article XX, and therefore is not justified under Article XX of GATT 1994.
The Appellate Body Report also concluded as follows:
"The Appellate Body recommends that the DSB request the United States to bring its
measure found in the Panel Report to be inconsistent with Article XI of the
GATT 1994, and found in this Report to be not justified under Article XX of
GATT 1994, into conformity with the obligations of the United States under the
Agreement."
On 21 January 1999, the United States and Malaysia agreed to a 13-month reasonable period
of time for the United States to comply with the recommendations and rulings of the Dispute
Settlement Body. This expired on 6 December 1999. However, to date, the United States has not
lifted the relevant import prohibition imposed under Section 609 of Public Law 101-162 and has
failed to take the necessary measures to allow the importation of certain shrimp and shrimp products
in an unrestrictive manner.
There is disagreement between Malaysia and the United States as to the existence or
consistency with the GATT 1994 of measures take n by the United States to comply with the
recommendations and rulings of the Dispute Settlement Body. Malaysia considers that in order to
give effect to the Dispute Settlement Body's recommendations and rulings, the import prohibition is to
be lifted immediately and to allow the importation of certain shrimp and shrimp products in an
unrestrictive manner.
Malaysia hereby requests that this matter be referred to the original Panel pursuant to
Article 21.5 of the Dispute Settlement Understanding. Malaysia also requests that the Panel find that
by not lifting the import prohibition and not taking the necessary measures to allow the importation of
certain shrimp and shrimp products in an unrestrictive manner, the United States has failed to comply

with the 6 November 1998 recommendations and rulings of the Dispute Settlement Body. Malaysia
further requests that the Panel suggest that the United States should lift the import prohibition
immediately and allow the importation of certain shrimp and shrimp products in an unrestrictive
manner in order to comply with the said reco mmendations and rulings of the Dispute Settlement
Body.