United States – Definitive Safeguard
Measures on Imports
of
Wheat Gluten FROM THE EUROPEAN COMMUNITIES
Request for Consultations by the European
Communities
The
following communication, dated 17 March 1999, from the Permanent Delegation of
the European Commission to the Permanent Mission of the United States and the
Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.4 of the DSU.
_______________
My
authorities have instructed me to request consultations with the Government of
the United States of America (USA) under Article 4 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) and pursuant to
Article XXII:1 of the General Agreement on Tariffs and Trade (GATT 1994),
Article 14 of the Agreement on Safeguards and Article 19 of the Agreement on
Agriculture with regard to the definitive safeguard measures imposed by the USA
on imports of wheat gluten.
Under
the "Proclamation 7103 of 30 May 1998–To Facilitate Positive Adjustment to
Competition From Imports of Wheat Gluten" and the "Memorandum of 30
May 1998 Action Under Section 203 of the Trade Act of 1974 Concerning Wheat
Gluten" by the President of the USA, published in the Federal Register
Vol. 63, No. 106, pp. 30359 and 30363 on 3 June 1998, the USA imposed
definitive safeguard measures in the form of a quantitative limitation on
imports of wheat gluten effective as of 1 June 1998. The European Communities consider that these
measures are in breach of the USA's obligations under the provisions of the
Agreement on Safeguards, in particular, but not necessarily exclusively, of
Articles 2, 4, 5, 8 and 12 of the said Agreement and in violation of Article
4.2 of the Agreement on Agriculture and Articles I and XIX of GATT 1994.
I
look forward to receiving the reaction of your authorities to this request so
that we can arrange a mutually convenient date and place to begin
consultations, which the European Communities suggest to be held in Geneva
during the week beginning 22 March 1999.