UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Notification of an Appeal by the United States under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 26 September 2000
Document codes: WT/DS166/7
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS
OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Notification of an Appeal by the United States under
paragraph 4 of Article 16 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 26 September 2000, sent by the United States to the Dispute
Settlement Body (DSB), is circulated to Members. This notification also constitutes the Notice of
Appeal, filed on the same day with th e Appellate Body, pursuant to the Working Procedures for
Appellate Review.
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Rule 20 of the Working Procedures for Appellate Review, the
United States hereby notifies its decision to appeal to the Appellate Body certain issues of law and
legal interpretation covered in the Panel Report on () and certain legal
interpretations developed by the Panel.
1. The United States seeks review by the Appellate Body of the Panel's conclusion that the
United States International Trade Commission failed to comply with the requirements of
Article 4.2(b) of the Agreement on Safeguards ("SGA"). This conclusion is in error, and is
based upon erroneous findings on issues of law and on related legal interpretations.
2. The United States seeks review by the Appellate Body of the Panel's conclusion that the
exclusion of Canadian products from the safeguard measure on wheat gluten is inconsistent
with SGA Articles 2.1 and 4.2, the Panel's failure to address whether Article XXIV of the
General Agreement on Tariffs and Trade 1994 ("GATT 1994") justified the exclusion of
Canadian wheat gluten from the wheat gluten safeguard measure, and the Panel's legal
conclusion that SGA footnote 1 did not affect the application of the SGA to U.S. imports
from a fellow party to the North American Free Trade Agreement. These conclusions are in
error, and are based upon erroneous findings on issues of law and on related legal
interpretations.
3. The United States seeks review by the Appellate Body of the Panel's conclusion that the
United States failed to provide adequate oppor tunity for prior consultations regarding the
safeguard measure on wheat gluten, as well as its conclusion that the United States failed to
endeavor to maintain a substantially equivalent level of concessions and other obligations
between itself and other WTO Members that export wheat gluten, inconsistent with SGA
Articles 12.3 and 8.1. These conclusions are in error, and are based upon erroneous findings
on issues of law and on related legal interpretations, including the Panel's interpretation of
SGA Articles 12.1 and 12.2.

4. The United States seeks review by the Appellate Body of the Panel's conclusion that certain
notifications provided by the United States to the Committee on Safeguards did not satisfy the
requirements of SGA Article 12.1(a), (b), and (c). This finding is in error, and is based upon
erroneous findings on issues of law and on related legal interpretations.