World Trade Organization

• Author: International Law Group

On July 31, 2000, the WTO circulated a Dispute Settlement Panel Report in the U.S.- EU dispute over U.S. safeguard measures imposed on EU wheat gluten. Wheat gluten is widely used for the production of high-fiber and multi-grain bread.

The dispute concerns the quantitative restriction imposed by the U.S. as a definitive safeguard measure on certain wheat gluten imports (HS headings 1109.00.10 and 1109.00.90). The U.S. International Trade Commission (USITC) had investigated the matter upon application of the Wheat Gluten Industry Council of the United States.

The USITC finally agreed that the EU was importing wheat gluten into the U.S. in such quantities as to be a substantial cause of serious injury to the domestic wheat gluten industry. The definitive safeguard measure restricted wheat gluten imports to 57,521,000 kilograms for the first year (this amount equals the total annual average imports in the crop years 1993-1995). Products from Canada and certain other countries did not come under the safeguard measure.

The EU had requested WTO consultations on this matter on March 17, 1999. After failed discussions between the parties, the WTO set up a Panel on July 26, 1999.

To get hold of information that the USITC had taken out of the public version of its report, the Panel adopted "Procedures Governing Private Confidential Information" on February 1, 2000. Pursuant to these Procedures, only "approved persons" (such as Panel Members or especially designated representatives) may receive such confidential information. The Panel concludes that:

(1) The U.S...