Dispute Settlement DS223

22/05/2013 12:00 - 1210 total view

European Communities — Tariff-Rate Quota on Corn Gluten Feed from the United States

In consultations on 25 January 2001 

Key facts 

Short title:  
Complainant: United States
Respondent: European Communities
Third Parties:  
Agreements cited:
(as cited in request for consultations)
GATT 1994: Art. III,XIX
Safeguards: Art. 8
Request for Consultationsreceived: 25 January 2001

 

Summary of the dispute to date  

The summary below was up-to-date at 24 February 2010 

Consultations

Complaint by the United States.

On 25 January 2001, the US requested consultations with the EC concerning the application by the EC of a tariff-rate quota (TRQ) on corn gluten feed imported from the US. The TRQ was made applicable 5 days after the date of adoption by the DSB of the panel report on US — Wheat Gluten(WT/DS166) stating that the US safeguard measure on wheat gluten was incompatible with the WTO Agreements.

According to the US the TRQ does not satisfy the requirements of the Safeguards Agreement for a Member to suspend concessions or other obligations and, therefore, the imposition of the TRQ on corn gluten feed imported from the US appears to be inconsistent with Articles I, II and XIX of the GATT 1994, and Articles 8.1, 8.2, and 8.3 of the Safeguards Agreement.