WTO to Field Dispute over India’s Restrictions on U.S. Poultry

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.”