VIII - FINDINGS AND RECOMMENDATIONS

Summary

8.1 We recall the United States' request that we issue our findings in the form of a single document containing two separate reports with separate findings and recommendations for each complainant. We also recall that Canada agreed, and Mexico did not object, to the United States' request. Accordingly, we provide two separate sets of findings and recommendations, with separate numbers/symbols for each complainant (WT/DS384 for Canada and WT/DS386 for Mexico).

Complaint by Canada (DS384): Findings and Recommendation

8.2 Canada has made claims with regard to the COOL measure and the Vilsack letter under Articles 2.1 and 2.2 of the TBT Agreement and Articles III:4, X:3(a) and XXIII:1(b) of the GATT 1994.

8.3 With respect to Canada's claims under the TBT Agreement, we conclude that:

(a) the COOL measure is a “technical regulation” within the meaning of Annex 1.1 to the TBT Agreement, whereas the Vilsack letter is not;

(b) the COOL measure, particularly in regard to the muscle cut meat labels, violates Article 2.1 because it affords imported livestock treatment less favourable than that accorded to like domestic livestock; and

(c) the COOL measure violates Article 2.2 because it does not fulfil the objective of providing consumer information on origin with respect to meat products.