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DISPUTE SETTLEMENT: DISPUTE DS2

United States — Standards for Reformulated and Conventional Gasoline

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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The summary below was up-to-date at
See also: One-page summary of key findings of this dispute

Appellate Body and Panel Reports Adopted

Complaints by Venezuela and Brazil.

Venezuela requested consultations on 24 January 1995 and Brazil on 10 April 1995. Complainants alleged that a US gasoline regulation discriminated against complainants’ gasoline in violation of GATT Articles I and III and Article 2 of the Agreement on Technical Barriers to Trade (TBT).

Further to Venezuela’s request, the DSB established a Panel at its meeting on 10 April 1995. On 26 April 1995 the Panel was composed. Further to Brazil’s request, the DSB established a Panel at its meeting on 19 June 1995. On 31 May 1995, in accordance with Article 9 of the DSU, it was agreed that a single panel would consider the complaints of Venezuela and Brazil. The report of the panel was circulated to Members on 29 January 1996. The report of the panel found the regulation to be inconsistent with GATT Article III:4 and not to benefit from an Article XX exception.

The US appealed on 21 February 1996. On 22 April, the Appellate Body issued its report, modifying the panel report on the interpretation of GATT Article XX(g), but concluding that Article XX(g) was not applicable in this case. The Appellate Report, together with the panel report as modified by the Appellate Report, was adopted by the DSB on 20 May 1996.

Implementation Status of Adopted Reports

The US announced implementation of the recommendations of the DSB as of 19 August 1997, at the end of the 15 month reasonable period of time.

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