The World Trade Organization (WTO) recently agreed to a convene a dispute settlement panel to investigate India’s restrictions on the importation of U.S. poultry, eggs and other agriculture products purportedly due to concerns over avian influenza. The U.S. Trade Representative (USTR) apparently requested the panel after failing to resolve the dispute during an April 16-17, 2012, consultation with the Indian government, which has restricted the importation of various agricultural products from “those countries reporting Notifiable Avian Influenza (both Highly Pathogenic Notifiable Avian Influenza and Low Pathogenic Notifiable Avian Influenza).” According to USTR, however, these restrictions violate several provisions of the Sanitary and Phytosanitary Measures Agreement as well as the General Agreement on Tariffs and Trade 1994, in part “because India’s avian influenza measures are not applied only to the extent necessary to protect human or animal life or health, are not based upon scientific principles, and are maintained without sufficient scientific evidence.” As a result, the trade delegation has argued that India’s measures “appear to nullify or impair the benefits accruing to the United States directly or indirectly under the cited agreements.”
Meanwhile, the National Chicken Council, National Turkey Federation and USA Poultry & Egg Export Council have estimated that the elimination of these trade barriers would net the industry an additional $300 million annually in product exports. “Unfortunately, the government of India did not lift its unwarranted restrictions on U.S. poultry after consultations with the United States at the WTO in Geneva,” the groups said in a May 11, 2012, press release praising the complaint. “However, we are pleased that USTR is taking the next step. We support the dispute settlement process moving forward as soon as possible with the formation of this panel.”
