US files WTO dispute over Indian poultry ban
The US claims the ban, justified by India as a public health measure to prevent the spread of avian influenza, is in fact an unfair way to protect the local industry. “India’s ban on US poultry is clearly a case of disguising trade restrictions by invoking unjustified animal health concerns. 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,” said US Trade Representative Ron Kirk.
“We will continue to insist that all of our trading partners around the world play by the rules and uphold their WTO obligations,” he added.
WTO consultations, involving discussions between the parties to come to a satisfactory agreement, will last 60 days, after which the US will be able to request adjudication by a panel.
Poultry meat and eggs from the US have been banned in India since 2007, to prevent an outbreak of avian influenza. However, the Trade Representative said there had not been an outbreak of highly pathogenic bird flu in the US since 2004.
“The WTO’s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) (...) requires WTO members to take certain steps to ensure that regulations are not merely a cover for protectionism. India appears to have acted inconsistently with its WTO obligations in this case. In particular, India’s ban does not appear to be supported by scientific evidence or a valid risk assessment,” added the Representative’s office.
