United States – Origin Marking Requirement

NOTIFICATION OF AN APPEAL by the United States UNDER ARTICLE 16
OF THE UNDERSTANDING ON RULES AND PROCEDURES
GOVERNING THE SETTLEMENT OF DISPUTES (DSU)

The following communication, dated 26 January 2023, addressed to the Chairperson of the Dispute Settlement Body is being circulated to Members at the request of the delegation of the United States.

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Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the United States hereby notifies the Dispute Settlement Body of its decision to appeal issues of law covered in the report of the Panel in United States – Origin Marking Requirement (WT/DS597/R and WT/DS597/R/Add.1) and legal interpretations developed by the Panel.

Issues of national security are political matters not susceptible to review or capable of resolution by WTO dispute settlement.  Every Member of the WTO retains the authority to determine for itself those measures that it considers necessary to the protection of its essential security interests, as is reflected in the text of Article XXI of the General Agreement on Tariffs and Trade 1994, Article XIV bis of the General Agreement on Trade in Services, and Article 73 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.  Bringing issues of national security into the WTO is not only incompatible with the purpose of the WTO, a trade organization, but will not advance WTO Members' shared interests in the WTO as a forum for discussion and negotiation.