Certain Country of Origin Labeling (COOL) Requirements (Canada)

On December 1, 2008, Canada requested consultations with the United States regarding U.S. mandatory country of origin labeling (COOL) provisions.  Canada requested supplemental consultations with the United States regarding this matter on May 7, 2009.  Canada challenges the COOL provisions of the Agricultural Marketing Act of 1946, as amended by the Farm, Security and Rural Investment Act of 2002 (2002 Farm Bill), and  Food, Conservation, and Energy Act, 2008 (2008 Farm Bill), the U.S. Department of Agriculture (“USDA”) Interim Final Rule on COOL published on August 1, 2008 and on August 28, 2008, respectively, the USDA Final Rule on COOL published on January 15, 2009, and a February 20, 2009 letter issued by the Secretary of Agriculture.  These provisions relate to an obligation to inform consumers at the retail level of the country of origin of covered commodities, including beef and pork. 

Canada alleges that the COOL requirements are inconsistent with the General Agreement on Tariffs and Trade 1994, Articles III:4, IX:2, IX:4, and X:3(a), the Agreement on Technical Barriers to Trade, Articles 2.1, 2.2, and 2.4, or in the alternative, the Agreement on the Application of Sanitary and Phytosanitary Measures, Articles 2, 5, and 7, and the Agreement on Rules of Origin, Articles 2(b), 2(c), 2(e), and 2(j).  Canada asserts that these violations nullify or impair the benefits accruing to Canada under those Agreements and further appear to nullify or impair the benefits accruing to Canada in the sense of GATT 1994, Article XXIII:1(b). 

Consultations were held on December 16, 2008, and supplemental consultations were held on June 5, 2009.  On October 7, 2009, Canada requested the establishment of a panel, and on November 19, 2009, the DSB established a single panel to examine both this dispute and Mexico’s dispute regarding COOL (see WT/DS386).

 

Panel Proceedings

Brief Date	Brief Description
01/14/2011	U.S. Comments on the Responses of Canada and Mexico to the Questions from the Panel following the Second Panel Meeting
01/06/2011	U.S. Response to the Questions of the Panel following the Second Panel Meeting
12/21/2010	Executive Summary of the U.S. Oral Statement at the Second Meeting with the Panel
10/29/2010	Second Written Submission of the United States
10/04/2010	Executive Summary of the Oral Statement of the United States at the First Meeting with the Panel
10/04/2010	U.S. Response to the Questions of the Panel following the First Panel Meeting
09/14/2010	Oral Statement of the United States at the First Meeting with the Panel
08/24/2010	Executive Summary of the First Written Submission of the United States
08/04/2010	First Written Submission of the United States (pdf)

Appeal Proceedings

Brief Date	Brief Description
05/02/2012	U.S. Opening Statement at the Oral Hearing
04/10/2012	Appellee Submission of the United States
03/23/2012	Appellant Submission of the United States

Recourse to Article 21.5 of the DSU by Canada

Brief Date	Brief Description
03/21/2014	U.S. Comments on Responses to Panel’s Questions
03/07/2014	Responses of the United States to the Questions Posed by the Panels
02/19/2014	U.S. Closing Statement at the Oral Hearing
02/18/2014	U.S. Opening Statement at the Oral Hearing
01/15/2014	The Second Written Submission of the United States
11/26/2013	The First Written Submission of the United States

Recourse to Article 21.5 of the DSU by Canada: Appeal Proceedings

Brief Date	Brief Description
02/16/2015	U.S. Opening Statement
01/09/2015	U.S. Appellant Submission
12/05/2014	U.S. Appellant Submission

Recourse to Article 22.6 of the DSU by the United States:  Arbitration

Brief Date	Brief Description
10/15/2015	U.S. Executive Summary
09/01/2015	U.S. Responses to the Arbitrators’ Questions to the Parties
07/30/2015	U.S. Written Submission