United States - Standards for Reformulated and Conventional Gasoline - Request for Consultations under Article XXII.1 of GATT 1994 by Brazil

UNITED STATES - STANDARDS FOR REFORMULATED

                                              AND CONVENTIONAL GASOLINE

 

                          Request for Consultations under Article XXII:1 of GATT 1994

                                                                    by Brazil

 

 

 

        The following communication from the Permanent Mission of Brazil to the Office of the United States Trade Representative in Geneva was received by the Secretariat on 10 April 1995 and is circulated in accordance with Article 4 of the DSU.

 

                                                            _______________

 

 

        The Government of Brazil hereby requests that the Government of the United States enter into consultations concerning the discriminatory application of the "Regulation of Fuels and Fuel Additives:  Standards for Reformulated and Conventional Gasoline" (Gasoline Regulation) published by the United States Environmental Protection Agency February 16, 1994.  This request is made pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 14:1 of the Agreement on Technical Barriers to Trade incorporated as annexes in the Agreement Establishing the World Trade organization (WTO).

 

        The Government of Brazil is requesting these consultations because it believes that the Gasoline Regulation is inconsistent with the United States' obligation to provide national treatment, in the sense of Article III of the GATT 1994, to Brazilian gasoline imported into the United States.  The Gasoline Regulation also violates the United States' obligations under the Agreement on Technical Barriers to Trade, including the requirement to ensure that in applying its technical standards to imported products they are accorded treatment no less favorable than that accorded to like products of national origin.