 
  WORLD TRADE  
ORGANIZATION  WT/DS245/12 
20 July 2004 
 
 (04-3152) 
 Original:   English 
 
  
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Recourse to Article 22.2 of the DSU by the United States
 
 
  The following communication, dated 19 July 2004, from the delegation of the United States 
to the Chairperson of the Dispute Settlement Body, is  circulated pursuant to Article 22.2 of the DSU. 
 
_______________ 
 
  Pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU"), the United States requests authorization from the Dispute Settlement 
Body ("DSB") to suspend concessions and other oblig ations with respect to Japan under the covered 
agreements at a level of US $ 143.4 million on an annu al basis.  This level of suspension is equivalent 
to the level of nullification or impa irment of benefits accruing to the United States that results from 
Japan's failure to bring its phytosanitary measure concerning imported US apples into compliance, by 30 June 2004, with the Agreement on the Application of San itary and Phytosanitary Measures  
("SPS Agreement") or to otherwise comply with the recommendations and rulings of the DSB in 
Japan - Measures Affecting the Importation of Apples  (WT/DS245). 
 
 On 3 June 2002, the DSB established a panel at the request of the United States to examine 
Japan's phytosanitary measure concerning imported US apples.  Both the Panel and the Appellate 
Body in this dispute found Japan's measure to be  inconsistent with its obligations under the SPS 
Agreement.  On 10 December 2003, the DSB adopte d the Appellate Body report and the report of the 
Panel, as upheld by the Appellate Body report .  The DSB recommendations and rulings include, inter 
alia, the recommendation that Japan bring its measure into conformity with its obligations under the 
SPS Agreement (WT/DS245/8;  WT/DS245/AB/R, para. 244;  WT/DS245/R, para. 9.3).  
 Pursuant to Article 21.3(b) of the DSU, the Un ited States and Japan agreed that the reasonable 
period of time for Japan to implement the DSB's recommendations and rulings would expire on 
30 June 2004 (WT/DS245/9).  In the view of the United States, Japan failed to comply with the 
recommendations and rulings of the DSB by the end of the reasonable period of time.  Therefore, the 
United States is entitled to redres s under Article 22 of the DSU. 
 
 In considering what concessions to suspend, the United States followed the principles and 
procedures set forth in Article 22.3 of the DSU.  As  required by Article 22.4 of the DSU, the level of 
suspension proposed is equivalent on an annual basis to the level of nullification or impairment of benefits accruing to the United States resultin g from Japan's failure to bring its measure into 
compliance or otherwise comply with th e DSB's recommendations and rulings. 
 
 The suspension of concessions and other obligations would occur in one or more of the 
following:  WT/DS245/12 
Page 2  
 
  1. tariff concessions and re lated obligations under the General Agreement on Tariffs and 
Trade 1994  on a list of products to be drawn from the list attached to this request; 
 
 2. concessions and other obligations under the SPS Agreement;  and 
 
 3. concessions and other obligations under the Agreement on Agriculture . 
 
 
 
  WT/DS245/12 
 Page 3 
 
 
 ATTACHMENT  
 
Note:  The product descriptions supplied below for the items of the Harmonized Tariff Schedule of 
the United States (HTSUS) are only for the convenience of the reader and are not intended to delimit 
in any way the scope of the products contained in the chapter specified. 
 
Chapter 1 Live animals 
Chapter 2 Meat and edible meat offal 
Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates 
Chapter 4 Dairy produce; birds eggs; natural honey; edible products of animal origin, not elsewhere
specified or included 
Chapter 5 Products of animal origin, not elsewhere specified or included 
Chapter 6 Live trees and other plants; bulbs, root s and the like; cut flowers and ornamental foliage 
Chapter 7 Edible vegetables and certain roots and tubers 
Chapter 8 Edible fruit and nuts; peel of certain fruit or melons 
Chapter 9 Coffee, tea, mate and spices 
Chapter 10 Cereals 
Chapter 11 Products of milling industry; malt, starches, inulin, wheat gluten 
Chapter 12 Oil seeds and oleaginous fruits; mis cellaneous grains, seeds and fruits; industrial o r
medicinal plants; straw and fodder 
Chapter 13 Lac; gums, resins and other vegetable saps and extracts 
Chapter 14 Vegetable plaiting materials; vegetabl e products not elsewhere specified or included 
Chapter 15 Animal or vegetable fats and oils and their cleavage products prepared edible fats; animal 
or vegetable waxes 
Chapter 16 Preparations of meat, of fish or of cr ustaceans, molluscs or other aquatic invertebrates 
Chapter 17 Sugars and sugar confectionery 
Chapter 18 Cocoa and cocoa preparations 
Chapter 19 Preparations of cereals, flour, starch or milk; bakers' wares 
Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants 
Chapter 21 Miscellaneous edible preparations 
Chapter 22 Beverages, spirits and vinegar 
Chapter 23 Residues and waste from the food industries; prepared animal feed 
Chapter 24 Tobacco and manu factured tobacco substitutes 
Chapter 33 Essential oils and resinoids; pe rfumery, cosmetic or toilet preparations 
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes 
Chapter 38 Miscellaneous chemical products 
Chapter 41 Raw hides and skins (other than fur skins) and leather 
Chapter 42 Articles of leather; saddlery and harnes s; travel goods, handbags and similar containers;
articles of animal gut (oth er than silkworm gut) 
Chapter 43 Furskins and artific ial fur; manufactures thereof 
Chapter 44 Wood and articles of wood; wood charcoal 
Chapter 45 Cork and articles of cork 
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and 
wickerwork 
Chapter 50 Silk 
Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric 
Chapter 52 Cotton 
 
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