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.
See also:
> One-page summary of key findings of this dispute
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding
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The summary below was up-to-date at
See also: One-page summary of key findings of this dispute
Consultations
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).
Panel and Appellate Body proceedings
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 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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