ON THIS PAGE:   Key facts   Summary of the dispute to date

home > trade topics > dispute settlement > the disputes >

DISPUTE SETTLEMENT: DISPUTE DS381

United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

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:
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding

Key facts  back to top

Summary of the dispute to date  back to top

Summary up-to-date at 8 January 2010

Consultations

Complaint by Mexico. 

On 24 October 2008, Mexico requested consultations with the United States in relation to certain measures taken by the latter concerning the importation, marketing and sale of tuna and tuna products. Mexico alleges that the US measures have the effect of prohibiting the labelling of Mexican tuna and tuna products as “dolphin-safe”, even when the tuna has been harvested by means that comply with the multilaterally agreed “dolphin-safe” standard established by the Inter-American Tropical Tuna Commission, while tuna products from most other countries, including the United States, are allowed to be labelled as “dolphin-safe”.

Mexico argues that these measures appear to be inconsistent in particular, but not necessarily exclusively, with Articles 2, 5, 6 and 8 of the TBT Agreement and Articles I and III of the GATT 1994.  Mexico alleges that these violations nullify or impair the benefits accruing to Mexico under these Agreements and cannot be justified under any of the covered agreements.

On 6 November 2008, the European Communities requested to join the consultations.  On 7 November 2008, Australia requested to join the consultations.

On 9 March 2009, Mexico requested the establishment of a panel. Ats meeting on 20 March 2009, the DSB deferred the establishment of a panel. 

Panel and Appellate Body proceedings

At its meeting on 20 April 2009, the DSB established a panel.  Argentina, Australia, China, Ecuador, the European Communities, Guatemala, Japan, Korea, New Zealand, Chinese Taipei and Turkey reserved their third-party rights. Brazil, Canada, Thailand and Venezuela subsequently reserved their third-party rights.  On 2 December 2009, Mexico requested the Director-General to determine the composition of the panel.  On 14 December 2009, the Director-General composed the panel.

> Problems viewing this page?
Please contact webmaster@wto.org giving details of the operating system and web browser you are using.