United States – measures concerning the
importation, marketing and sale of tuna and tuna products
RECOURSE TO ARTICLE 22.6 OF THE DSU BY the United
States
The following
communication, dated 22 March 2016, from the delegation of the United States to the Chairperson
of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the
DSU.
_______________
Regarding Mexico's
recourse to Article 22.2 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU") in
the dispute United States – Measures
Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381), my authorities have
instructed me to inform you that, pursuant to Article 22.6 of the DSU, the
United States objects to the level of suspension of concessions or other
obligations under the General Agreement on
Tariffs and Trade 1994 proposed by Mexico in document WT/DS381/29.[1]
Accordingly, as required by Article 22.6 of
the DSU[2]
the matter has been referred to arbitration
__________
[1] Mexico's request in document WT/DS381/29 is limited to suspension
of "tariff concessions and other related obligations in the goods sector
under GATT 1994." Accordingly, any
proposed suspension of concessions or obligations in another sector or under
another agreement would not follow the principles and procedures set forth in
Article 22.3 of the DSU.
[2] Pursuant to Article 22.6 of the DSU, "if the Member concerned
objects to the level of suspension proposed, or claims that the principles and
procedures set forth in paragraph 3 have not been followed where a complaining
party has requested authorization to suspend concessions or other obligations
pursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration."