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Import Bans, and Testing and Certification Requirements for Radionuclides


Key Facts

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Short Title: Korea – Radionuclides
Respondent: Korea
Third Parties: Brazil; Canada; Guatemala; United States; China; Chinese Taipei; European Union; Norway; Russian Federation; New Zealand;
Complaintant(s): Japan;
Dispute Number: DS495
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds495_e.htm
Dispute Subject(s): GATT 1994; SPS;
Dispute Status: Pending


On May 21, 2015, Japan requested consultations with Korea regarding: (a) import bans on certain food products; (b) additional testing and certification requirements regarding the presence of certain radionuclides; and (c) a number of alleged omissions concerning transparency obligations under the SPS Agreement. Korea's measures were adopted subsequent to the accident at the Fukushima Daiichi nuclear power plant in March 2011.

Japan claims that the measures are inconsistent with:

• Articles 2.2, 2.3, 4, 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 7, and 8, paragraphs 1 and 3 of Annex B, and paragraphs 1(a), 1(c), 1(e) and 1(g) of Annex C, of the SPS Agreement; and

• Article XXIII:1 of the GATT 1994.

On August 20, 2015, Japan requested the establishment of a panel. At its meeting on August 31, 2015, the DSB deferred the establishment of a panel. At its meeting on September 28, 2015, the DSB established a panel. China, the European Union, Guatemala, India, New Zealand, Norway, the Russian Federation, Chinese Taipei and the United States reserved their third-party rights. On January 27, 2016, Japan requested the Director-General to compose the panel. On February 8, 2016, the Director-General composed the panel.
 

Appellate Proceedings
Brief Date Brief Description
04/30/2018 U.S. Third Participant Submission and Executive Summary

 

Panel Proceedings
Brief Date Brief Description
08/10/2016 U.S. Third Party Executive Summary
08/02/2016 U.S. Responses to the Panel's Questions to Third Parties
07/12/2016 U.S. Third Party Oral Statement