I - INTRODUCTION

Summary

1.1 On 24 October 2008, Mexico requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 14 of the Agreement on Technical Barriers to Trade (TBT Agreement), in relation to certain measures taken by the United States concerning the importation, marketing and sale of tuna and tuna products. Mexico held consultations with the United States on 17 December 2008. Unfortunately, these consultations failed to resolve the dispute.

1.2 On 9 March 2009, Mexico requested the establishment of a panel pursuant to Articles 4 and 6 of the DSU, Article XXIII of the GATT 1994 and Article 14 of the TBT Agreement.

1.3 At its meeting on 20 April 2009, the DSB established a panel pursuant to the request of Mexico in document WT/DS381/4, in accordance with Article 6 of the DSU.

1.4 The Panel's terms of reference are the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Mexico in document WT/DS381/4 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

1.5 On 2 December 2009, Mexico requested the Director-General to determine the composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU.

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