WTO Moves Forward US, Argentina Beef Panel Despite APHIS Rule Change
World Trade Organization judges shot down U.S. import policies for Argentine beef in recent days, even after the Agriculture Department’s Animal and Plant Health Inspection Service lifted its long-standing ban in early July on fresh beef (chilled or frozen) from Northern Argentina. The WTO panel, which was established in 2013, faulted the U.S. ban with a range of violations (here). U.S. policy runs contrary to the basic WTO framework, as well as rules on sanitary and phytosanitary measures, said the WTO. The U.S. has cited the threat of foot-and-mouth disease (FMD) to justify the ban.
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The APHIS said nearly a month ago it would discard the U.S. ban on Argentine beef imports (see 1507100022). That rule change is set to take effect on Sept. 1 (see 1507010024). APHIS officials also freed up beef exports to the U.S. from a number of Brazilian regions. House lawmakers, however, banned funding for administration of those imports in Fiscal Year 2016 agriculture appropriations legislation (see 1507100022). That legislation would need Senate backing and President Barack Obama’s signature to become law.
The U.S. has, in fact, already tackled the challenged policies through the administrative change, said the Office of the U.S. Trade Representative in a statement. “Although the panel upheld certain of Argentina's claims, it is important to note that [the U.S. Department of Agriculture] completed its regulatory process prior to the issuance of today's panel report,” said a spokesman. “After a thorough and transparent scientific review, USDA has found that FMD conditions in Argentina no longer require a ban on beef from Argentina.”
U.S. import policies on Argentine beef over past years haven’t met the standards of the World Organization for Animal Health Terrestrial Code, said the WTO in its panel report, arguing further that the U.S. regulations aren’t based on sound science. The U.S. continues to argue, the panel report said, that American livestock is not immunized to foot-and-mouth, and livestock could be harmed by risks that arise from interaction with meat from vaccinated herds, such as Argentine herds. U.S. officials have completed evaluations of the Argentine regions at play with “undue delay,” the WTO said. Moreover, the import policies are “more trade-restrictive than required to achieve the United States’ appropriate level of protection,” added the report.