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U.S. starts WTO process by seeking meeting with India on poultry access
Story Date: 3/7/2012
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Source: Rita Jane Gabbett, MEATINGPLACE, 3/6/12
United States Trade Representative Ron Kirk announced the United States is requesting consultations with India under the dispute settlement provisions of the World Trade Organization concerning India’s prohibition on certain American agricultural exports, including poultry meat and chicken eggs.
India claims that this trade ban is aimed at preventing avian influenza, but it has not provided scientific evidence in line with international standards on avian-influenza control, according to Kirk.
“India’s ban on U.S. poultry is clearly a case of disguising trade restrictions by invoking unjustified animal health concerns,” said Kirk in a statement. “The United States is the world’s leader in agricultural safety and we are confident that the WTO will confirm that India’s ban is unjustified.”
Consultations are the first step in the WTO dispute settlement process and parties are encouraged to agree to a solution at this stage. If the matter is not resolved through consultations, the United States may request a WTO dispute settlement panel, said Kirk.
Since at least February of 2007, India has formally banned imports of various agricultural products from the United States, supposedly to prevent outbreaks of avian influenza in India. India instituted this ban even though the United States has not had an outbreak of High Pathogenic Avian Influenza since 2004. In addition, international standards for avian-influenza control do not support the imposition of import bans due to detections of low pathogenic avian influenza, the only kind of Avian Influenza found in the United States since 2004.
"Over the last few years, the United States has repeatedly asked India to justify its claim that a ban on poultry products from the United States is necessary. However, to date, India has not provided valid, scientifically-based justification for the import restrictions,” said Agriculture Secretary Tom Vilsack in a statement.
The WTO’s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) explicitly recognizes WTO members’ right to adopt regulations to protect human, animal, or plant life or health. However, the SPS Agreement also requires WTO members to take certain steps to ensure such regulations are not merely a cover for protectionism.
What is at stake
By conservative estimates, if India’s trade barriers were eliminated, the value of U.S. poultry exports to India each year would surpass $300 million, according to a joint statement by the National Chicken Council, the National Turkey Federation and the USA Poultry & Egg Export Council.
The groups applauded USTR's announcement, saying as the Indian economy and population grows, the United States should be afforded the opportunity to compete fairly in that market with its poultry products.
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