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| US Appeals In WTO Dispute With Mexico |
by Leroy Baker, Tax-News.com, New York
Thursday, January 26, 2012
The United States Trade Representative (USTR) has confirmed that it is filing
an appeal in the World Trade Organization (WTO) dispute with Mexico challenging
the United States’ dolphin-safe labeling measures for tuna products sold
in America.
On September 15, 2011, a WTO panel report in this dispute was released, which
found that the objectives of the US measures are legitimate; that the measures
do not treat Mexico’s tuna products any less favorably than tuna products
from the US or other WTO member countries; and that any adverse effects felt
by Mexican tuna producers from the US labeling requirements are the result of
choices made by Mexico’s own fishing fleet and canners.
However, the WTO panel also found the US measures to be more trade restrictive
than necessary to achieve the objectives of the measures. After careful review
and consideration of its report, the US has decided to file an appeal.
“Our dolphin-safe labeling measures for tuna products provide information
for American consumers as they make food purchasing decisions for their families,”
said Andrea Mead, USTR’s Press Secretary. “Our decision to appeal
the WTO ruling in this case demonstrates the commitment of the US to our dolphin-safe
labeling measures.”
Under the United States dolphin-safe labeling provisions, producers
of tuna products – whether foreign or domestic – have the option
of labeling tuna products that meet the standards of the US provisions as dolphin
safe. One such condition, challenged by Mexico, is that the label cannot be
used if dolphins are purposefully chased and encircled in order to catch tuna,
as that fishing method is harmful to dolphins. Some Mexican fishing vessels
use this method when fishing for tuna.
After, in October 2008, Mexico filed a request for WTO dispute settlement consultations
with the US regarding US provisions pertaining to the voluntary dolphin-safe
labeling of tuna and tuna products, the US invoked its North American Free Trade
Agreement (NAFTA) rights. It requested that Mexico refrain from proceeding in
the WTO and move the case to the NAFTA. The US considers that the NAFTA is the
appropriate place to litigate such issues, but Mexico has blocked that process
for settling the dispute.
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