DISPUTE SETTLEMENT

DS: United States — Certain Measures Affecting the Import of Cattle, Swine and Grain from Canada

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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Summary of the dispute to date

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Consultations

Complaint by Canada.

On 25 September 1998, Canada requested consultations with the US in respect of certain measures, imposed by the US state of South Dakota and other states, prohibiting entry or transit to Canadian trucks carrying cattle, swine, and grain. Canada alleged that these measures adversely affect the importation into the United States of cattle, swine, and grain originating in Canada. Canada alleges violations of Articles 2, 3, 4, 5, 6, 13 and Annexes B and C of the SPS Agreement; Articles 2, 3, 5 and 7 of the TBT Agreement; Article 4 of the Agreement on Agriculture; and Articles I, III, V, XI and XXIV:12 of GATT 1994. Canada also made a claim of nullification or impairment of benefits accruing to it under the cited Agreements. Canada invoked Article 4.8 of the DSU for expedited consultations in view of the perishable nature of the goods in question.

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