III - PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS

Summary

Canada

3.1 Canada requests that the Panel find that:

(a) the COOL measure of the United States is inconsistent with its obligations under the TBT Agreement, in particular Articles 2.1 and 2.2; and

(b) the COOL measure of the United States is inconsistent with its obligations under the GATT 1994, in particular Articles III:4, X:3(a) and XXIII:1(b).

3.2 Canada therefore requests that the Panel recommend that the United States bring the COOL measure into conformity with its obligations under the TBT Agreement and the GATT 1994, subject to the provision of Article 26.1 of the DSU in respect of GATT Article XXIII:1(b).

Mexico

3.3 Mexico requests that the Panel find that:

(a) the COOL measures are inconsistent with Articles III:4 and X:3 of the GATT 1994 and Articles 2.1, 2.2, 2.4 and 12 of the TBT Agreement; and

(b) the COOL measures nullify or impair benefits accruing to Mexico under the GATT 1994 within the meaning of Article XXIII:1(b) of the GATT 1994.

3.4 Mexico requests that the Panel make such recommendations that are necessary for the United States to bring itself into conformity with these provisions.

United States

3.5 The United States requests that the Panel reject the claims made by Canada and Mexico in their entirety.