USTR Wants Input on WTO Cases on Chinese Export Restrictions, Country of Origin Labeling
December 4 , 2009
World Trade/Interactive
The Office of the U.S. Trade Representative is soliciting public comments on the issues raised in the following two cases currently before the World Trade Organization.
Chinese Measures on Exportation of Various Raw Materials. On Nov. 4 the U.S. requested that the WTO establish a dispute settlement panel to review certain claims concerning Chinese restraints on the export of various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc. These restraints include quotas; export duties; restrictions on the right of Chinese enterprises, foreign enterprises and individuals to export; requirements that foreign-invested enterprises must satisfy in order to export; non-automatic export licensing; excessive fees and formalities in connection with exportation; and requiring that prices for the materials meet or exceed a minimum price before they may be exported. The U.S. alleges that China administers certain of these restraints in a manner that is not uniform, impartial and reasonable and that China does not publish certain measures pertaining to requirements, restrictions or prohibitions on exports. Comments on this dispute should be submitted on or before Jan. 19, 2010.
Country of Origin Labeling Requirements. On Nov. 19 the WTO established a dispute settlement panel at the request of Canada and Mexico concerning certain U.S. mandatory country of origin labeling requirements on agricultural products. The 2008 Farm Bill revised previous mandatory COOL requirements to provide that in order for a commodity to be labeled as a product of the U.S. all production activities associated with the commodity have to occur on U.S. soil or in U.S. waters. For products produced in the integrated North American marketplace, the label must indicate every country in which a stage of production has taken place. The 2008 Farm Bill also imposed mandatory COOL requirements for muscle cuts and ground beef, pork, lamb, goat, and chicken, wild and farm-raised fish and shellfish, fresh and frozen fruits and vegetables, peanuts, pecans, macadamia nuts and ginseng. Canada and Mexico have argued that these provisions appear to be inconsistent with the General Agreement on Tariffs and Trade 1994 as well as certain provisions of the WTO agreements on Technical Barriers to Trade, the Application of Sanitary and Phytosanitary Measures, and Rules of Origin.
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