United States – Certain Measures Affecting Imports
of Poultry from China

Request for Consultations by China

            The following communication, dated 17 April 2009, from the delegation of China to the delegation of the United States and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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            My authorities have instructed me to request consultations with the Government of the United States ("US") pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXII of the General Agreement on Tariffs and Trade ("GATT 1994"), and Article 19 of the Agreement on Agriculture ("Agriculture Agreement") with regard to certain measures taken by the US affecting the import from the People's Republic of China ("China") of poultry products. 

1.                  Pursuant to Section 727 of the Omnibus Appropriations Act of 2009 ("Section 727"), which was signed into law as Public Law 111-8, the US effectively prohibits the establishment or implementation of any US measures that would allow poultry products to be imported from China into the US.  Specifically, Section 727 prohibits the US Department of Agriculture ("USDA") from taking action, including expending funds, to:  (1) establish or implement measures allowing for the importation from China of poultry products that the USDA has already determined are eligible to be so imported under existing US measures, and (2) establish or implement measures expanding the scope of poultry products that may be imported from China.  China is concerned that Section 727, in conjunction with the overall US regime for regulating imports of poultry products, places restrictions on the import from China of poultry products that are inconsistent with the United States' WTO obligations.