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Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products

Key Facts
Short Title: Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381)
Respondent: United States
Third Parties: Argentina; Brazil; Canada; Ecuador; Guatemala; China; Chinese Taipei; European Communities; Turkey; Japan; Korea; Australia; New Zealand;
Complaintant(s): Mexico;
Dispute Number: DS381
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm
Dispute Status: Pending

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.


Panel Proceedings
Brief DateBrief Description
01/26/2011U.S. Comments on Mexico’s Answers to the Second Set of Panel Questions
01/19/2011U.S. Answers to the Second Set of Panel Questions
12/22/2011Executive Summary of U.S. Opening Oral Statement at the Second Panel Meeting
12/17/2011U.S. Closing Oral Statement at the Second Panel Meeting
12/16/2011U.S. Opening Oral Statement at the Second Panel Meeting
12/08/2010Executive Summary of U.S. Second Written Submission
12/01/2010U.S. Second Written Submission
11/08/2010U.S. Answers to First Set of Panel Questions
10/28/2010U.S. Executive Summary of Opening Oral Statement at First Panel Meeting
10/20/2010U.S. Closing Oral Statement at the First Panel Meeting
10/18/2010U.S. Opening Oral Statement at the First Panel Meeting
04/23/2010Executive Summary of U.S. First Written Submission
04/16/2010U.S. First Written Submission


Appellate Proceedings
Brief DateBrief Description
03/15/2012U.S. Oral Statement
02/07/2012U.S. Appellee Submission
01/20/2012U.S. Appellant Submission


Article 21.5 Proceedings
Brief DateBrief Description
10/17/2014U.S. comments on Mexico’s Responses to the Panel’s Additional Questions
10/14/2014U.S. Answers to the Panel’s Additional Questions
09/26/2014U.S. Comments on Mexico’s Responses to the Questions Posed by the Panel
09/17/2014U.S. Response to the Questions Posed by the Panel
08/19/2014U.S. Opening Oral Statement
07/29/2014Executive Summary of the Second Written Submission of the United States
07/22/2014Second Written Submission of the United States
05/27/2014U.S. First Written Submission