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China Files WTO Complaints Over US Poultry Ban PDF Print E-mail

Image Updated April 17, 2009 08:01 PM

GENEVA (Xinhua) - China filed complaints to the World Trade Organization (WTO) today about a US law effectively banning imports of Chinese poultry products, saying the law may violate WTO regulations.

Pursuant to Section 727 of the Omnibus Appropriations Act of 2009, which was already signed into law, the United States effectively prohibits the establishment or implementation of any measures that would allow poultry products to be imported from China, the Chinese WTO mission said.

China is concerned that Section 727 places restrictions on the import from China of poultry products that are inconsistent with the United States' WTO obligations, it added.

The Chinese mission said it had sent a note to the US mission requesting WTO consultations with the restrictive law. Related documents have also been sent to the WTO.

"China reserves its right to raise further factual and legal issues and arguments during the course of the consultations, and in any future request for the establishment of a panel," the mission said.

According to WTO's dispute settlement procedures, once complaints are filed, the two concerned parties usually have some 60 days to try to resolve their dispute through consultations.

If that fails, China can request the establishment of a WTO expert panel to investigate and rule on the legality of the US measures.

For more background information, refer to web page:

http://worldtradelaw.typepad.com/ielpblog/2009/04/uschina-chicken-war.html
 
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Image China Files WTO Complaints Over US Poultry Ban

 Updated April 17, 2009 08:01 PM

GENEVA (Xinhua) - China filed complaints to the World Trade Organization (WTO) today about a US law effectively banning imports of Chinese poultry products, saying the law may violate WTO regulations.

Pursuant to Section 727 of the Omnibus Appropriations Act of 2009, which was already signed into law, the United States effectively prohibits the establishment or implementation of any measures that would allow poultry products to be imported from China, the Chinese WTO mission said.

China is concerned that Section 727 places restrictions on the import from China of poultry products that are inconsistent with the United States' WTO obligations, it added.

 
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Congress is increasing the food-safety budget to add inspection resources and considering more than a dozen proposals to combat food-borne illness. They include legislation, approved by the House Energy and Commerce Committee, to grant the Food and Drug Administration authority to order food recalls even when a company refuses to cooperate.

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aAD65Z3FeyRo

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FDA's New Approach to Risk Management

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Updated August 1, 2007 12:23;21 PM

It is impossible to read a newspaper, view a news Web site or listen to a TV news report without hearing something negative about trade between the United States and China. In light of the sudden interest in everything Chinese, The Journal of Commerce held a webinar on July 24, “FDA's New Approach to Risk Management -- How It Will Effect Traders' Operations and Bottom Line." While by no means limited to a discussion about China-related FDA issues, China is certainly the impetus for much of the recent Congressional activity surrounding the Food and Drug Administration and how the agency oversees food imports.

The FDA developed an Import Strategic Plan in the 1990s, but like those of other federal agencies, it is understaffed and underfunded, leaving the agency mired in its traditional approach of interdicting shipments at the border upon their arrival.

We are now hearing Congress agree with FDA’s own upper management that the current regime is not working. The question is what will replace it? FDA is talking about centralizing management, but no performance goals have been articulated. FDA is expected to advocate centralizing entry processing at a regional level, but will its information technology system, internally or externally, be able to keep up? Right now, FDA is sampling less than 1 percent of all food imports. Is that enough? Can FDA really sample more? If so, does that make the food supply chain any safer?

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