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General Agreement on Tariffs and Trade: Dispute Settlement Panel Report on United States Restrictions on Imports of Tuna

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 30 , Issue 6 , November 1991 , pp. 1594 - 1623
Copyright
Copyright © American Society of International Law 1991

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References

* [ Reproduced: from the text provided by the General Agreement on Tariffs and Trade (GATT). The Panel Report has not yet been adopted; on November 29, 1991, the Report was derestricted at the joint request of Mexico and the United States. There were no objections.]

1 C/M/246/27

2 DS21/1

3 Decision on “Improvements to the GATT Dispute Settlement Rules and Procedures”, adopted 12 April 1989, BISD 36S/61, 62, para. C(2).

4 C/M/247/16

5 Decision on “Improvements to the GATT Dispute Settlement Rules and Procedures", adopted 12 April 1989, BISD 36s/61, 63-64, para. F(b)(1).

6 See, for instance, Simon P. Northridge, “World Review of Interactions between Marine Mammals and Fisheries”, consultant report published as FAO Fisheries Technical paper N° 251 Supplement 1, FIRM/T251 (Suppl.1), Food and Agriculture Organization of the United Nations (Rome, 1991).

7 P.L. 92-522, 86 Stat. 1027 (1972), as amended, notably by P.L. 100-711, 102 Stat. 4755 (1988) and most recently by P.L. 101-627 at 104 Stat. 4467 (1990); codified in part at 16 U.S.C. 1361ff.

8 Title 50, Code of Federal Regulations (CFR) §216.3 (1990).

9 The implementing regulations were codified at Part 216 of Title 50 CFR (1990); regulations on commercial fishing appeared at 50 CFR §216.24 (1990) .

10 NOAA (NMFS), “Regulations Governing the Importation of Tuna Taken in Association with Marine Mammals” (interim final rule), 54 Federal Register 9438 (7 March 1989); “Taking and Importing of Marine Mammals Incidental to Commercial Fishing Operations” (final rule) 55 Federal Register 11921 (30 March 1990).

11 National Marine Fisheries Service, National Oceanic and Atmospheric Administration, “Taking and Importing of Marine Mammals'', 56 Federal Register 12367 (25 May 1991).

12 The Customs guidance of 3 April specified that the merchandise concerned was provided for under the headings 0302.32.00.00, 0303.42.00.20, 0303.42.00.40, 0303.42.00.60, 1604.14.10.00, 1604.14.20.40, 1604.14.30.40, 1604.14.40.00, and 1604.14.50.00.

13 National Marine Fisheries Service, National Oceanic and Atmospheric Administration, “Taking and Importing of Marine Mammals”, 56 Federal Register 12367 (25 May 1991).

14 National Marine Fisheries Service, National Oceanic and Atmospheric Administration, “Taking and Importing of Marine Mammals Incidental to Commercial Fishing Operations”, 56 Federal Register 26995 (12 June 1991).

15 Letter from United States National Marine Fisheries Service to United States Customs Service dated May 24, 1991.

16 National Marine Fisheries Service, National Oceanic and Atmospheric Administration, “Taking and Importing of Marine Mammals Incidental to Commercial Fishing Operations”, 56 Federal Register 26995 (12 June 1991).

17 Section 901, Public Law 101-627, 104 Stat. 4465-67, enacted 28 November 1990, codified in part at 16 U.S.C. 1685.

18 Understanding regarding Notification, Consultation, Dispute Settlement and Surveillance adopted 28 November 1979, BISD 26S/210, 216.

19 Panel report on “Canada - Administration of the Foreign Investment Review Act”, BISD 30S/140, 162 para. 5.14.

20 Panel report on “Canada - Import, Distribution and Sale of Alcoholic Drinks by Canadian Provincial Marketing Agencies”, adopted 22 March 1988, BISD 35S/37, 90, para. 4.26.

21 EPCT/C.II/PV/10

22 Report of the Working Party on “Certificates of Origin, Marks of Origin, Consular Formalities”, adopted 17 November 1956, BISD 5S/102, 103-108.

23 United Nations Conference on Trade and Employment, Reports of the Committees and Principal Subcommittees, ICITO/8 (“Havana Reports“), pp. 84-85, para. 18, 21.

24 Panel report on “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD 35S/98/112.113 para. 4.4.

25 Panel report on “United States - Prohibition of Imports of Tuna and Tuna Products from Canada”, adopted 22 February 1982, BISD 29S/91, 108-109, paras. 4.10-4.12.

26 Simon P. Northridge, “World Review of Interactions between Marine Mammals and Fisheries”, consultant report published as FAO Fisheries Technical paper No 251 Supplement 1, FIRM/T251 (Suppl.l)., Food and Agriculture Organization of the United Nations (Rome, 1991).

27 Panel report on “United States - Prohibition of Imports of Tuna and Tuna Products from Canada”, adopted 22 February 1982, BISD 29S/91, 108, para. 4.8

28 Panel report on “United States - Prohibition of Imports of Tuna and Tuna Products from Canada”, adopted 22 February 1982, BISD 29S/91, 108, para. 4.8.

29 Panel report on “Canada - Measures Restricting Exports of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD/35S/98.

30 Panel report on “Thailand - Restrictions on Importation of and Internal Taxes.on Cigarettes”, adopted 7 November 1990, BISD 37S/200, DS10/R. [30 I.L.M. 1122 (1991)]

31 Panel reports on “Thailand - Restrictions on Importation of and Internal Taxes on Cigarettes”, adopted 7 November 1990, BISD/37S/200, DS10/R; and “United States - Section 337 of the Tariff Act of 1930”, adopted 7 November 1989, BISD/36S/345, 392, para. 5.26.

32 Panel report on “Canada - Measures affecting Exports of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD 35S/255, 114-115, paras. 4.6-4.7

33 Panel report on “Canada - Measures Affecting Export of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD/35S/255.

34 Panel report on “United States - Taxes on Petroleum and Certain Imported Substances”, adopted 17 June 1987, BISD 34S/136, 158, para. 5.1.9.

35 Panel report on “United States - Section 337 of the Tariff Act of 1930”, adopted 7 November 1989, BISD 36S/345, 386-7, paras. 5.11, 5.14.

36 BSID 18s/97, 100-101, para. 14

37 Panel reports on “United States - Taxes on Petroleum and Certain Imported Substances”, adopted 17 June 1987, BISD 34S/136, 160, 163-4, paras. 5.2.2, 5.2.9-10; and “EEC - Regulation on Imports of Parts and Components”, BISD 37S/132, L/6657, adopted 16 May 1990, paras. 5.25-5.26.

38 Panel report on “United States - Section 337 of the Tariff Act of 1930”, adopted 7 November 1989, BISD 36S/345, 385, para. 5.9.

39 Panel reports on “Canada - Administration of the Foreign Investment Review Act”, adopted 7 February 1984, BISD 30S/140, 164, para. 5.20; and “United States - Section 337 of the Tariff Act of 1930”, adopted 7 November 1989, BISD 36S/345, 393 para. 5.27.

40 See, e.g., the panel report on “EEC - Regulation of Parts and Components”, adopted 16 May 1990, BISD 37S/132, L/6657, para. 5.11

41 EPCT/A/PV/30/7-15

42 Panel report on “Thailand - Restrictions on Importation of and Internal Taxes on Cigarettes”, adopted 7 November 1990, BISD 37S/200, 222-223, DS10/R, paras. 73-74.

43 Panel report on “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD 35S/98, 114, para. 4.6.

44 Panel report on “Canada - Measures Affecting Exports of Unprocessed Herring and Salmon”, adopted 22 March 1988, BISD 35S/98, 114, para. 4.6.