WTO Case Law in 2012: Appellate Body Report, United States - Certain Country of Origin Labeling Requirements

Abstract

US – COOL is the latest in a serious of cases dealing with technical regulations. This case arises from the complaints made by Canada and Mexico against the US mandatory COOL requirements for certain meat products. Canada and Mexico claimed that the set of statutory and regulatory provisions requiring retailers to provide country of origin information on the covered commodities that they sell, including beef and pork, are inconsistent with Articles 2.1 and 2.2 of the Agreement on Technical Barrier to Trade (“TBT Agreement”) and Articles III:4 and X:3(a) of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”). Mexico, additionally, claimed that the COOL requirements violate Articles 2.4, 12.1 and 12.3 of the TBT Agreement.

Keywords: COOL, DSB, WTO, TBT, Labeling