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.