VII - ARTICLE III:4 OF THE GATT 1994

Summary

492. Canada and Mexico each raises a conditional appeal with respect to Article III:4 of the GATT 1994. Both appeals are conditional upon our reversal of the Panel's finding of inconsistency under Article 2.1 of the TBT Agreement. In that event, Mexico appeals the Panel's exercise of judicial economy and requests us to complete the legal analysis and find the COOL measure to be inconsistent with Article III:4. In its other appellant's submission, Canada appeals the Panel's exercise of judicial economy with respect to its claims regarding both the COOL measure and the Vilsack letter under Article III:4 of the GATT 1994, and requests us to complete the legal analysis and find these measures to be inconsistent with the United States' obligations under that provision. At the oral hearing, however, Canada clarified that, in the light of the United States' asserted withdrawal of the Vilsack letter, Canada was no longer seeking a discrete finding with respect to that measure.

493. Having upheld the Panel's finding that the COOL measure is inconsistent with Article 2.1 of the TBT Agreement, the condition upon which Canada's and Mexico's appeals under Article III:4 are made is not satisfied, and we therefore need not make any findings in respect of Article III:4 with regard to the COOL measure. It is also unnecessary for us to make any finding with regard to the Vilsack letter.