Panel establishment

DS392: United States — Certain measures affecting imports of poultry from China

The panel was established of the basis of China's second request for a panel (WT/DS392/2). 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.