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    • Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products


    Status: Pending

    Respondent: United States

    Complainant(s): Mexico,

    Third Parties: Argentina, Brazil, Canada, Ecuador, Guatemala, China, Chinese Taipei, European Communities, Turkey, Japan, Korea, Australia, New Zealand,

    Dispute Number: DS381

    Link to Dispute Site: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds381_e.htm



    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