The Office of U.S. Trade Representative has issued a request for comments about potential alternative products imported from the European Union (EU) that are under consideration for the imposition of increased duties. The action arises from an ongoing dispute with the EU over its refusal to allow imports of U.S. meat and meat products produced from animals treated with artificial growth hormones. According to the U.S. Trade Representative, “The [World Trade Organization] found over 10 years ago that the EU’s ban on U.S. beef was not supported by science and was thus inconsistent with WTO rules. When the EU failed to bring its measures into compliance with its WTO obligations, the United States imposed tariffs on certain imports from the EU, as authorized by the WTO. Since that time, we have been trying to resolve this dispute with the EU without changing the composition of tariffs. It is now time…
Category Archives Global Courts
According to a news source, nine families whose babies developed kidney problems allegedly as a result of drinking milk tainted with melamine have filed individual lawsuits against the Sanlu Group, one of China’s largest milk companies. Each child developed kidney stones, and six reportedly remain hospitalized. The families are seeking the equivalent of US$2,000 for each child as compensation. Even though the families live in different provinces, the lawsuits were all filed in the northern city of Shijiazhuang, where the company is based. No judge has yet agreed to hear any of the milk cases in court, and a number of lawyers have apparently been pressured by government officials not to represent families seeking damages. See The New York Times, October 31, 2008.
According to a news source, a migrant worker from southern Guangdong province has sued Sanlu Group Co., alleging that the melamine in its baby formula caused his 11-month-old son’s kidney stones. The lawsuit, which has not yet been accepted by the Guangzhou Intermediate People’s Court, apparently seeks US$132,000 in damages. The plaintiff’s lawyer has reportedly indicated that he is planning to sue the Dairy Association in China for failing to properly supervise its member companies. More than 10,000 children have been hospitalized in China after drinking milk contaminated with melamine, which, in some batches of milk powder, has been found at levels of 6,196 parts per million. These levels far exceed the Health Ministry’s recently adopted permissible limit of one part per million for infant formula and 2.5 parts per million for liquid milk, milk powder and foods containing more than 15 percent milk. See Findlaw.com, October 10, 2008.
The WTO has reportedly issued a ruling supporting the United States in its decision to impose duties on European imports in response to a ban on beef from animals treated with growth hormones. According to the U.S. trade representative, “The Appellate Body’s report confirms that WTO members that are subject to additional duties for failing to bring themselves into compliance with the WTO’s rulings and recommendations must do more than simply claim compliance in order to obtain relief from such duties.” The ruling ends an EU appeal from a March 2008 ruling by the trade organization finding that the EU failed to justify its ban on these imports and allowing the United States and Canada to impose duties on Roquefort cheese, truffles and chocolates because the EU’s practice violated international trade rules. The WTO Appellate Body apparently reversed that part of the March ruling which criticized the United States for…
