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Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
Key Facts
Short Title: Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381)
Respondent: United States
Third Parties: Argentina; Brazil; Canada; Ecuador; Guatemala; China; Chinese Taipei; European Communities; Turkey; Japan; Korea; Australia; New Zealand;
Complaintant(s): Mexico;
Dispute Number: DS381
Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm
Dispute Status: Pending

On 24 October 2008, Mexico requested consultations with the United States in relation to certain measures taken by the latter concerning the importation, marketing and sale of tuna and tuna products. Mexico alleges that the US measures have the effect of prohibiting the labelling of Mexican tuna and tuna products as “dolphin-safe”, even when the tuna has been harvested by means that comply with the multilaterally agreed “dolphin-safe” standard established by the Inter-American Tropical Tuna Commission, while tuna products from most other countries, including the United States, are allowed to be labelled as “dolphin-safe”.

Mexico argues that these measures appear to be inconsistent in particular, but not necessarily exclusively, with Articles 2, 5, 6 and 8 of the TBT Agreement and Articles I and III of the GATT 1994.  Mexico alleges that these violations nullify or impair the benefits accruing to Mexico under these Agreements and cannot be justified under any of the covered agreements.

 

Panel Proceedings
Brief Date Brief Description
01/26/2011 U.S. Comments on Mexico’s Answers to the Second Set of Panel Questions
01/19/2011 U.S. Answers to the Second Set of Panel Questions
12/22/2011 Executive Summary of U.S. Opening Oral Statement at the Second Panel Meeting
12/17/2011 U.S. Closing Oral Statement at the Second Panel Meeting
12/16/2011 U.S. Opening Oral Statement at the Second Panel Meeting
12/08/2010 Executive Summary of U.S. Second Written Submission
12/01/2010 U.S. Second Written Submission
11/08/2010 U.S. Answers to First Set of Panel Questions
10/28/2010 U.S. Executive Summary of Opening Oral Statement at First Panel Meeting
10/20/2010 U.S. Closing Oral Statement at the First Panel Meeting
10/18/2010 U.S. Opening Oral Statement at the First Panel Meeting
04/23/2010 Executive Summary of U.S. First Written Submission
04/16/2010 U.S. First Written Submission

 

Appellate Proceedings
Brief Date Brief Description
03/15/2012 U.S. Oral Statement
02/07/2012 U.S. Appellee Submission
01/20/2012 U.S. Appellant Submission

 

Article 21.5 Panel Proceedings (First Recourse by Mexico)
Brief Date Brief Description
10/17/2014 U.S. comments on Mexico’s Responses to the Panel’s Additional Questions
10/14/2014 U.S. Answers to the Panel’s Additional Questions
09/26/2014 U.S. Comments on Mexico’s Responses to the Questions Posed by the Panel
09/17/2014 U.S. Response to the Questions Posed by the Panel
08/19/2014 U.S. Opening Oral Statement
07/29/2014 Executive Summary of the Second Written Submission of the United States
07/22/2014 Second Written Submission of the United States
05/27/2014 U.S. First Written Submission

 

Article 21.5 Appellate Proceedings (First Recourse by Mexico)
Brief Date Brief Description
06/23/2015 U.S. Appellee Submission
06/05/2015 U.S. Appellant Submission

 

Panel Proceedings: Article 21.5 (First Recourse by the United States) / Article 21.5 (Second Recourse by Mexico)
Brief Date Brief Description
03/03/2017 U.S. Executive Summary 
01/25/2017 U.S. Closing Statement at the Meeting with the Panels
01/24/2017 U.S. Opening Statement at the Meeting with the Panels
12/09/2016 U.S. Third Written Submission
10/07/2016 U.S. Second Written Submission
07/22/2016 U.S. First Written Submission

 

 

Article 22.6 Proceedings
Brief Date Brief Description
11/28/2016 U.S. Executive Summary
11/09/2016 U.S. Answers to the Arbitrator's Questions Following the Meeting with the Parties 
10/26/2016 U.S. Closing Statement at the Meeting with the Arbitrator
10/25/2016 U.S. Opening Statement at the Meeting with the Arbitrator
09/30/2016 U.S. Answers to the Arbitrator's Questions on Substance
09/21/2016 U.S. Comments on Mexico's Responses to the U.S. Preliminary Ruling Request and to the Arbitrator's Questions on the U.S. Preliminary Ruling Request
09/14/2016 U.S. Answers to the Arbitrator's Questions Regarding the U.S. Preliminary Ruling Request
08/03/2016 Written Submission of the United States

 

Appellate Proceedings:  Article 21.5 (First Recourse by the United States) / Article 21.5 (Second Recourse by Mexico)
Brief Date Brief Description
12/19/2017 U.S. Appellee Submission
12/19/2017 Executive Summary of U.S. Appellee Submission