DISPUTE SETTLEMENT

DS: United States — Measures Affecting the Importation of Fresh Lemons

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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Key facts

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(as cited in request for consultations)
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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Argentina.

On 3 September 2012, Argentina requested consultations with the United States concerning certain measures affecting the importation of fresh lemons from the Northwest region of Argentina.

The specific measures challenged by Argentina:

(i) a series of US measures allegedly maintained for the past 11 years, which Argentina argues constitute an import prohibition on citrus fruits affecting fresh lemons originating in the Northwest region of Argentina;

(ii) the United States' failure to grant approval for the importation of fresh lemons from the Northwest region of Argentina; and

(iii) alleged undue delays in the approval procedures for the importation of fresh lemons from the Northwest region of Argentina.

Argentina claims that the challenged measures appear to be inconsistent with:

  • Articles I:1, III:4, X:1, X:3 and XI:1 of the GATT 1994;
     
  • Articles 1.1, 2.2, 2.3, 3.1, 3.3, 5.1, 5.2, 5.4, 5.6 and 7, Annex B, 8, Annex C and Article 10.1 of the SPS Agreement;
     
  • Article XVI:4 of the WTO Agreement.

On 6 December 2012, Argentina requested the establishment of a panel.  At its meeting on 17 December 2012, the DSB deferred the establishment of a panel.

 

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