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Certain Measures Affecting Imports of Poultry from China

Key Facts
Short Title: Certain Measures Affecting Imports of Poultry from China
Respondent: United States
Third Parties: Brazil; Guatemala; Chinese Taipei; European Communities; Turkey; Korea;
Complaintant(s): China;
Dispute Number: DS392
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds392_e.htm
Dispute Subject(s): Agricultural Products;
Dispute Status: Concluded

Complaint by China.

On 17 April 2009, China requested consultations with the United States concerning certain measures taken by the United States affecting the import of poultry products from China.  The measure primarily at issue is Section 727 of the Omnibus Appropriations Act of 2009, which effectively prohibits the establishment or implementation of any measures that would allow Chinese poultry to be imported into the United States because it denies the use of any funding by USDA for this purpose.

China considers that the United States, through Section 727 and any closely related measures, is in violation, at a minimum, of Articles I:1 and XI:1 of GATT 1994 and Article 4.2 of the Agriculture Agreement.  In addition, China also specifies that, although it does not believe that the US measure or any closely related measures at issue constitute sanitary and phytosanitary measures within the meaning of the SPS Agreement, if it were demonstrated that any such measure is a SPS measure, China would consider such measure also to be in violation of US obligations under various provisions of the SPS Agreement.

On 23 June 2009, China requested the establishment of a panel.  At its meeting on 20 July 2009, the DSB deferred the establishment of the panel.




Panel Proceedings
Brief DateBrief Description
04/20/2010U.S. Comments on China’s Answers to the Second Set of Panel Questions
03/30/2010U.S. Answers to the Second Set of Panel Questions
03/15/2010Executive Summary of the U.S. Oral Statement at the Second Panel Meeting
03/09/2010U.S. Oral Statement at the Second Panel Meeting
02/01/2010Executive Summary of the U.S. Second Written Submission
01/25/2010U.S. Second Written Submission
01/11/2010U.S. Answers to the First Set of Panel Questions
12/22/2009Executive Summary of the U.S. Oral Statement at the First Panel Meeting
12/15/2009U.S. Oral Statement at the First Panel Meeting
11/23/2009Executive Summary of the U.S. First Written Submission
11/16/2009U.S. First Written Submission
10/07/2009U.S. Request for a Preliminary Ruling