Ds58 Ban on Shrimp Import

3549 Words15 Pages
This dispute is about a ban imposed by the United States on the importation of shrimp and shrimp related products. The United States imposed this ban under Section 609 of U.S. Public Law 101-162. This law prohibits the importation to the United States of shrimp harvested with commercial fishing technology that may adversely affect sea turtles. If a nation requires and enforces a law requiring the use of turtle excluder devices than this importation ban does not apply. This law also does not apply to nations that harvest shrimp in seas where sea turtles are not located. The requirements of U.S. Public Law 101-162 must be met annually. On October 8 1996, India, Malaysia, Pakistan, and Thailand requested consultations with the United States concerning a ban on the importation of shrimp and shrimp products imposed by the United States under Section 609 of U.S. Public Law 101-162. The complainants alleged the United States violated Articles I, XI, and XIII of the GATT 1994, as well as nullification and impairment of benefits. The alleged violations of GATT 1994 by the United States are concerning Articles I, XI, and XIII. Article I concerns General Most Favored-Nation Treatment. Article XI concerns the General Elimination of Quantitative restrictions. Article XIII concerns Non-discriminatory Administration of Quantitative Restrictions. On January 9 1997, Malaysia and Thailand requested the establishment of a panel. The dispute settlement body deferred the establishment of a panel on January 22 1997 and eight days later Pakistan also requested the establishment of a panel. The DSB established a panel on February 1997 per Malaysia’s and Thailand’s request and also established a panel per Pakistan’s request. These panels were consolidated into one panel. Australia, Columbia, Costa Rica, Ecuador, The European Communities, Guatemala, Hong Kong, India,
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