Affecting the Production and Sale of Clove Cigarettes
|Short Title:||U.S. – Clove Cigarettes|
|Third Parties:||Brazil; Colombia; Dominican Republic; Guatemala; Mexico; European Union; Turkey;|
|Link to Dispute Site:||http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds406_e.htm|
|Dispute Subject(s):||Agricultural Products;|
Complaint by Indonesia.
On 7 April 2010, Indonesia requested consultations with the United States with respect to a measure applied by the United States regarding the ban of clove cigarettes. Indonesia alleged that Section 907 of the legislation in question, which was signed into law on 22 June 2009, prohibits, among other things, the production or sale in the United States of cigarettes containing certain additives, including clove, but would continue to permit the production and sale of other cigarettes, including cigarettes containing menthol. Indonesia alleged that Section 907 is inconsistent, inter alia, with Article III:4 of the GATT 1994, Article 2 of the TBT Agreement, and various provisions of the SPS Agreement.
On 9 June 2010, Indonesia requested the establishment of a panel. At its meeting on 22 June 2010, the DSB deferred the establishment of a panel.
At its meeting on 20 July 2010, the DSB established a panel. Brazil, the European Union, Guatemala, Norway and Turkey reserved their third-party rights. Subsequently, Colombia, the Dominican Republic and Mexico reserved their third-party rights. On 9 September 2010, the parties agreed on the composition of the panel.
|Brief Date||Brief Description|
|01/05/2012||Appellant Submission of the United States|