United States — Countervailing Duty Investigation with respect to Live Cattle from Canada

Short title:    

Complainant: Canada

Respondent: United States

Third Parties:    

Request for Consultations received: 19 March 1999

Summary up-to-date at  30 May 2008  

Consultations requested — no panel established nor settlement notified

Complaint by Canada.

On 19 March 1999, Canada requested consultations with the US concerning the initiation of a countervailing duty investigation by the US, on 22 December 1998, with respect to live cattle from Canada. Canada alleged that:

•    the initiation of this investigation is inconsistent with US obligations under the Subsidies Agreement, including the fact that the written application filed with the US Department of Commerce was not made by or on behalf of the domestic industry, and that there was not, sufficient information provided with respect to the measures or actions alleged to be subsidies, for purpose of initiating an investigation under the SCM Agreement;

•    the measures or actions alleged to be subsidies either are not, in law or fact, subsidies within the meaning of the Subsidies Agreement, or do not confer more than a de minimis level of countervailing subsidy; and

•    this initiation of investigation is inconsistent with US obligations under the Agreement on Agriculture relating to “due restraint”.
Canada alleged violations of Articles 1, 2, 10, 11.1 — 11.5, and 13.1 of the Subsidies Agreement; and Article 13 of the Agreement on Agriculture.