Timeline
June 2009:
The
Family Smoking Prevention and Tobacco Control Act which
became U.S. law in June 2009 bans the sale of flavoured
cigarettes, but exempts menthol.
August 2009:
Indonesia
expressed concerns
through the WTO TBT Committee, saying:
"There is no scientific or
technical information indicating that clove cigarettes pose a
greater health risk than menthol cigarettes and menthol
cigarettes are consumed in much greater quantities. The
Government of Indonesia maintains that these measures
discriminate against imported clove cigarettes and are thus
incompatible with the United States’ obligations under the
above-mentioned agreements because they infringe, among other
provisions"
November 2009:
The issue was discussed at the
November 2009 TBT Committee
meeting.
April 2010:
Indonesia formally
applied for consultations, advancing the issue towards
dispute settlement.
June, 2010:
Indonesia asked the WTO's Dispute Settlement
Body (DSB) to establish a panel to consider the issue.
Under WTO procedures, the respondent country can block the first
request for a panel, which the United States Did.
July 2010:
The DSB
established a panel.
The WTO has assigned this dispute the case number
DS406.
September 2010:
The
composition of the panel
was agreed to.
The EU, Brazil, Guatemala, Turkey, Norway, Colombia,
Dominican Republic and Mexico reserved 3rd-party rights.
March 2011:
The Chair
of the panel informed the DSB that the report was expected
before the end of June 2011.
September 2, 2011:
The
panel report was
circulated to WTO members and made public.
September 15, 2011:
Indonesia and the United States requested an
extension of the 60 day period for appeals to January 20, 2012
January 10th, 2012:
The U.S.
notified the WTO that it would be appealing the panel
decision.
January 16, 2012:
The
Jakarta Post reports that the Indonesian government had decided it
would not appeal.
April 4, 2012:
WTO's Appellate Body issues
its report, reaching the same decision as the panel report.
| Short title: |
US — Clove Cigarettes |
| Complainant: |
Indonesia |
| Respondent: |
United States |
| Third Parties: |
Brazil; Colombia; Dominican Republic; European Union;
Guatemala; Mexico; Norway; Turkey |
Agreements cited:
(as cited in request for
consultations) |
Sanitary and Phytosanitary Measures (SPS): Art.
3,
5,
7,
2
Technical Barriers to Trade (TBT): Art.
2,
12,
2.1,
2.2,
2.3,
2.5,
2.8,
2.9,
2.10,
2.12
GATT 1994: Art.
XXIII:1(a),
III:4,
XX |
|
Request for Consultations received: |
7 April 2010 |
|
Panel Report circulated: |
2 September 2011 |
|
Appellate Body Report circulated: |
4 April 2012 |
|
|