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US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: what should be required of a safeguard investigation?

Published online by Cambridge University Press:  28 April 2004

HENRIK HORN  and
PETROS C. MAVROIDIS
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Extract

The United States (US) imposed, in July 1999, a safeguard on lamb meat, in the form of tariff rate import quotas, which were to be applied for a period of three years. The measure was based on findings by the US International Trade Commission that increased imports of lamb meat were a substantial cause of threat of serious injury to the US industry producing the like product. Following complaints by New Zealand and Australia that the measure was inconsistent with Articles I, II and XIX of GATT 1994, and several provisions of the Agreement on Safeguards, the World Trade Organization (WTO) Dispute Settlement Body established, in November 1999, a panel to review the consistency of the US measure with the mentioned WTO rules.

Type
Research Article
Information
World Trade Review , Volume 2 , Issue 3 , November 2003 , pp. 395 - 430
Copyright
© 2003 Henrik Horn and Petros C. Mavroidis

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Footnotes

This study reviews the WTO Appellate Body Decision United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia (WT/DS177/AB/R, WT/DS178/AB/R, 1 May 2001). It is prepared for the American Law Institute project ‘Principles of Trade Law: the World Trade Organization’. We are grateful to, in particular, Bill Davey, Wilfred J. Ethier, and Joseph Weiler for helpful discussions. We have also benefited from discussions with Eyal Benvenisti, David Strömberg, and Jonas Vlachos as well as with the participants in ALI meetings in Philadelphia on 24–25 October 2002, and 6–7 February 2003.