United States – measures affecting the production
and sale of clove cigarettes

recourse to article 22.2 of the dsu by Indonesia

        The following communication, dated 12 August 2013, from the delegation of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of the DSU.

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Indonesia respectfully requests that a special meeting of the Dispute Settlement Body ("DSB") be held on or before 23 August 2013 to consider the following agenda item:

United States - Measures Affecting the Production and Sale of Clove Cigarettes: Recourse by Indonesia to Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DS406)

On 20 July 2010 the DSB established a panel at the request of Indonesia to examine the United States' ban on certain flavored cigarettes, including clove cigarettes produced in Indonesia. The Panel found that Section 907(a)(1)(A) of the Federal Food, Drug and Cosmetic Act was inconsistent with the United States' obligations under Articles 2.1, 2.9.2, and 2.12 of the Agreement on Technical Barriers to Trade (''TBT Agreement"). The United States appealed the Panel's findings with respect to Articles 2.1 and 2.12. On 4 April 2012 the Appellate Body affirmed the Panel's findings, although on other grounds. On 24 April 2012 the DSB adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report. In particular, the DSB recommended that the United States bring its measure into conformity with its obligations under the TBT Agreement (WT/DS406/AB/R, para. 299; WT/DS406/R, para. 8.6).