UNITED STATES – MEASURES AFFECTING THE IMPORTATION
OF FRESH LEMONS
Request for the Establishment of a Panel by Argentina
The following communication, dated 6 December 2012, from the delegation of Argentina to the Chair of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the Dispute Settlement Understanding (DSU).
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My authorities have instructed me to request the establishment of a panel pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) of the World Trade Organization (WTO) concerning US measures affecting the importation of fresh lemons from the North West region of Argentina ("United States Measures Affecting the Importation of Fresh Lemons" DS448).
To this end, I should be grateful if this item could be placed on the agenda of the next regular meeting of the Dispute Settlement Body (DSB) on the basis of the request set forth hereunder.
On 3 September 2012, Argentina requested consultations with the United States pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) concerning US measures affecting the importation of fresh lemons from the North West region of Argentina. This request was circulated to WTO Members on 5 September 2012 in document WT/DS448/1, "United States Measures Affecting the Importation of Fresh Lemons".
Consultations were held on 17 and 18 October 2012 in Geneva, Switzerland, with a view to the satisfactory adjustment of the matter. These consultations unfortunately failed to resolve the dispute.
Argentina accordingly requests that a panel be established under Articles 4 and 6 of the DSU, Article XXIII of the GATT 1994 and Article 11 of the SPS Agreement.