SUNS 4333 Friday 27 November 1998
US TO IMPLEMENT ITS OWN VIEW OF SHRIMP RULING
Geneva, 25 Nov (Chakravarthi Raghavan) -- The United States announced Wednesday that it would implement the WTO ruling in the shrimp-turtle dispute, but the announcement seemed to leave the door open for its continued unilateral measures purportedly to save turtles.
Thailand, Pakistan and India promptly challenged the US interpretation of the appellate body ruling, and called on the US to immediately withdraw the ban on shrimp imports and take steps to change the S.609 of the Endangered Species Act.
The appellate body ruling they said was clear that the US import ban violated Art. XI of the GATT, and the US purported actions under S.609 to save sea turtles was discriminatory and unjustified.
The US announcement came in the Dispute Settlement Body which at its last meeting on 6 November had adopted the report of the panel and the appellate body. The US Representative, Amb. Rita Hayes, said it was now the US responsibility to implement the ruling and it would do so not only in a manner consistent with its WTO obligations, but US commitment for protection of endangered species, including sea-turtles.
The US, she added, would also require a reasonable period of time to comply. Under the WTO rules, the US must first bilaterally agree with the complainants (Thailand, Malaysia, Pakistan and India) on a reasonable period of time, and failing that have recourse to arbitration - with arbitrators provided a guideline of 15 months, which has now become virtually a rule.
Thailand said it was clear from the appellate ruling that the US measure was inconsistent with Art. XI of the GATT, and the ban on imports should hence be promptly lifted. The US also needs to review S.609 of its Endangered Species Act (ESA) and change it. The ruling confirmed that international cooperation, and not unilateral actions as by the US, was the answer to protection of endangered species.
Pakistan reiterated that the import ban must be rescinded.
India said that the appellate body ruling was clear and there was need for full and prompt implementation.
Among other actions, the DSB adopted a ruling in the dispute between Guatemala and Mexico on anti-dumping actions over imports of portland cement, and agreed to establish panels to hear disputes about Mexico's anti-dumping investigations of imports of high-fructose corn syrup from
the United States, Canadian complaint against EC (French) measures affecting imports of asbestos and products containing asbestos.