GD/67

Exports of Potatoes to Canada

View all disputes

Other titles

Canada Potatoes (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
Canada
Third Parties

Products at Issue

Products at issue
Potatoes
Type of product
Agricultural
Product sub-type
Other agriculture products

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:2
Claims raised
  • GATT Article II
  • GATT Article VI
  • GATT Article VII:2(a)
  • Schedule VI
Defences raised
  • n.a.

Adjudicators

Type Panel
Chairperson J. H. C. Schell (Netherlands)
Other members F. P. Donovan (Australia), A. Holland (Norway), K. Jacobi (Switzerland)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:2
Claims at issue
  • GATT Article II
  • GATT Article VI
  • GATT Article VII:2(a)
  • Schedule V
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 5
  • -
  • Inconsistency found
  • Inconsistency found
  • Found not relevant
  • Inconsistency found
  • -

Timeline

Request for consultations
  • (01/01/1962)
Request for establishment
Establishment
Composition
Report
Adoption of report
Mutually agreed solution

Outcome

Outcome of the proceedings
Report adopted, mutually agreed solution
Additional Info L/1927 (16/11/1962) Contracting Parties - Twentieth Session - [23 October - 16 November 1962] - Exports of Potatoes to Canada - Report of the Panel: The matter concerned the United States' request to examine the application of values for duty on potatoes under the Canadian Customs Act on l6 October 1962. Under this Act, the difference between the lower export value and the "value for duty" would be levied by the Canadian customs authorities as "dumping duty" if certain circumstances were fulfilled. The Panel concluded that the imposition of an additional charge could not be justified by GATT Article VI, since the main requirement laid down in paragraph l(a) of this provision was not fulfilled, namely that the price of the product exported from one country to another was less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. The measure amounted to the imposition of an additional charge on potatoes imported at a price lower than Can.$2.67 per 100 lbs, applied in addition to the specific import duty which had been bound at a rate of Can.$0.375 per 100 lbs. Therefore, the Canadian Government had failed to carry out its obligations under GATT Article II:1(a). The Panel suggested that the Contracting Parties recommend to the Canadian Government the withdrawal of the additional charge or to effect any other satisfactory adjustment of the impaired benefit accruing to the United States.

L/1968 (31/01/1963) Export of Potatoes to Canada - Canada: abolished the measure (value for duty).

L/2682 (05/08/1966) Canada - Customs Valuation of Potato Imports - Communication from the Government of Canada (22/07/1966) "In explaining the background to this decision, I would like first to refer you to GATT document L/1927 (…) concerning the application of values of duty on potatoes under the Canadian Customs Act on 16 October 1962. The report of the panel explains the reasons which prompted the Canadian Government at that time to resort to this action. It is for broadly similar reasons that the Canadian Government has now decided that values for duty must again be established on imports of potatoes. (...) ready to enter into consultations should the United States consider such a course desirable."