I - INTRODUCTION

Summary

1. Canada, Mexico, and the United States each appeals certain issues of law and legal interpretations developed in the Panel Reports, United States – Certain Country of Origin Labelling (COOL) Requirements (the “Panel Reports”). The Panel was established on 19 November 2009 to consider complaints by Canada and Mexico regarding certain US country of origin labelling (“COOL”) requirements for beef and pork. Both Canada and Mexico challenged the following measures:

(a) the Agricultural Marketing Act of 1946, as amended by the “2002 Farm Bill” and the “2008 Farm Bill” (the “COOL statute”);

(b) the Final Rule on Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts (the “2009 Final Rule (AMS)”);

(c) a letter dated 20 February 2009 from the US Secretary of Agriculture, Thomas J. Vilsack, to “Industry Representative[s]” (the “Vilsack letter”)9; and

(d) the Interim Final Rule on Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts (the “Interim Final Rule (AMS)”).

2. In addition to the above measures, Mexico also challenged the Interim Final Rule on Mandatory Country of Origin Labeling of Muscle Cuts of Beef (Including Veal), Lamb, Chicken, Goat, and Pork; Ground Beef, Ground Lamb, Ground Chicken, Ground Goat, and Ground Pork (the “Interim Final Rule (FSIS)”).