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Measures Affecting the Production and Sale of Clove Cigarettes

Key Facts
Short Title: U.S. – Clove Cigarettes
Respondent: United States
Third Parties: Brazil; Colombia; Dominican Republic; Guatemala; Mexico; European Union; Turkey;
Complaintant(s): Indonesia;
Dispute Number: DS406
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds406_e.htm
Dispute Subject(s): Agricultural Products;
Dispute Status: Pending

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.

Panel Proceedings
Brief DateBrief Description
12/19/2013First Written Submission of the United States
03/10/2011U.S. Comments on Indonesia’s Response to the Second Set of Questions from the Panel
03/03/2011U.S. Response to the Second Set of Questions from the Panel
02/23/2011Executive Summary of the Oral Statement of the United States at the Second Panel Meeting
02/15/2011Oral Statement of the United States at the Second Panel Meeting
01/24/2011Executive Summary of the Second Written Submission of the United States
01/17/2011Second Written Submission of the United States
01/06/2011U.S. Response to the First Set of Questions from the Panel
12/22/2010Executive Summary of the U.S. Opening Statement at the First Meeting with the Panel
12/14/2010Closing Statement of the United States at the First Meeting with the Panel
12/13/2010Opening Statement of the United States at the First Meeting with the Panel
11/23/2010Summary of the First Written Submission of the United States
11/16/2010First Written Submission of the United States
10/22/2010Non-Confidential Summary of the First Written Submission of Indonesia

Appeal Proceedings
Brief DateBrief Description
01/05/2012Appellant Submission of the United States
Arbitration Under Article 22.6 of the DSU
Brief DateBrief Description
04/10/2014Responses of the United States to Questions from the Arbitrator Following the Substantive Meeting
04/03/2014Executive Summary of the Opening Statement of the United States
03/27/2014Oral Statement of the United States at the Meeting with the Arbitrator
03/11/2014Responses of the United States to Questions from the Arbitrator