DISPUTE SETTLEMENT

DS: European Communities — Tariff-Rate Quota on Corn Gluten Feed from the United States

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

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Consultations

Complaint by the United States.

On 25 January 2001, the US requested consultations with the EC concerning the application by the EC of a tariff-rate quota (TRQ) on corn gluten feed imported from the US. The TRQ was made applicable 5 days after the date of adoption by the DSB of the panel report on US — Wheat Gluten (WT/DS166) stating that the US safeguard measure on wheat gluten was incompatible with the WTO Agreements.

According to the US the TRQ does not satisfy the requirements of the Safeguards Agreement for a Member to suspend concessions or other obligations and, therefore, the imposition of the TRQ on corn gluten feed imported from the US appears to be inconsistent with Articles I, II and XIX of the GATT 1994, and Articles 8.1, 8.2, and 8.3 of the Safeguards Agreement.

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