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This summary has been prepared by the WTO Secretariat’s Information and
External Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
DS392: United States — Certain measures affecting imports of poultry
The panel was established of the basis of China's second request for a panel
Under the rules of the WTO's Dispute Settlement Understanding, the
establishment of a panel is automatically approved by the DSB in response to
a second request for a panel by a Member. In its request, China noted that
on 11 March 2009, the US President signed the US Omnibus Appropriation Act
of 2009 into law. China pointed out that Section 727 of the Act states that
“none of the funds made available in this Act may be used to establish or
implement a rule allowing poultry products to be imported into the United
States from the People's Republic of China”.
China said that the matter had not been solved during consultations with the
United States, and therefore renewed its request for a panel, which was
first presented at the 20 July 2009 DSB meeting.
The US expressed disappointment with China's decision to pursue its request
for a panel. The US said that it does not agree with China's claims that the
measures in question are discriminatory or protectionist. It said that
nothing in the measures identified by China prevents the relevant U.S.
authorities from working to reach an objective, science-based response to
China's request for a declaration of equivalence with respect to poultry,
and such authorities are continuing to do so. The US also noted certain
technical deficiencies in the Chinese request.
The EC, Guatemala, Korea and Turkey reserved their third-party rights.
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