GD/11
United States Import Restrictions on Dairy Products
Other titles
United States - Dairy Products
Products at Issue
| Products at issue |
Dairy products
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| Type of product |
Agricultural
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| Product sub-type |
Dairy products
|
Related disputes
| GATT | |
| WTO |
Key legal aspects
| Legal basis |
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| Claims raised |
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| Defences raised |
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| Type | Contracting Parties |
| Legal basis at issue |
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| Claims at issue |
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| Defences at issue |
|
| No of Pages (total / legal reasoning) | 2 |
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Timeline
| Request for consultations | |
| Report | |
| Adoption of report |
Outcome
| Outcome of the proceedings |
Report adopted
|
| Additional Info | GATT/CP/130 (08/11/1951) General Agreement on Tariffs and Trade - Decisions, Declarations and Resolutions of the Contracting Parties - At the Special Session, Torquay, March-April 1951 and the Sixth Session, Geneva, September-October 1951. Resolution of October 26, 1951, concerning the United States Import Restrictions on Dairy Products imposed under Section 104 of the US Defense Production Act: The matter concerned Section 104 of the United States Defence Production Act under which the US Government had imposed restrictions on the importation of a number of dairy products. The CP recognized that concessions granted by the US Government to contracting parties under the General Agreement had been nullified or impaired within the meaning of GATT Article XXIII, that the import restrictions constituted an infringement of GATT Article XI, and that a large number of contracting parties had suffered serious damage as a result of this nullification or impairment. The CP resolved "without prejudice to the rights of any contracting party under paragraph 2 of Article XXIII, (i) to counsel the contracting parties affected, in view of the continuing determination of the United States Government to seek the repeal of Section 104 of the United States Defence Production Act and the high priority and urgency which it has stated it will give to further action to this end, to afford to the United States a reasonable period of time, as it has requested, in order to rectify the situation through such repeal, and (ii) to request the United States Government to report to the Contracting Parties at as early date as possible (...) on the action which it has taken." GATT/CP.6/SR.27 (30/10/1951) Contracting Parties Sixth Session - Summary Record of the Twenty-Seventh Meeting (27/10/1951) adoption of the proposed Resolution of October 26, 1951. L/19 (10/09/1952) Report by the United States Government pursuant to the Resolution of 26 October 1951: "The revised Section 104 (...) provides that the import controls may be administered by type or variety of a commodity or products (...)" L/59 (06/11/1952) Draft Resolution [of the Contracting Parties] confirmed the findings made in resolution of 26/10/1951, and recommended US "continue its efforts to secure the repeal of Section 104 of the Defense Production Act as the only satisfactory solution to this problem (...)" The resolution supersedes the resolution on the same subject adopted by the Contracting Parties on 26/10/1951 during the Sixth Session. SR.7/16 (11/11/1952) Summary Record of the Sixteenth Meeting (08/11/1952) The Contracting Parties adopted resolution L/59 and adopted Working Party Report L/61 on the Netherlands Action under Article XXIII:2 authorising the Netherlands to suspend the application of obligations under GATT towards the US to the extent necessary to allow the imposition of an upper limit of imports of wheat from the US (60 thousand metric tons during 1953). |