WTO stands behind U.S. ‘dolphin-safe’ labeling

The World Trade Organization said the U.S. government’s “dolphin-safe” labeling requirements for tuna complies with the trade body’s rules, but Mexico has vowed to continue fighting it.    The World Trade Organization said the U.S. government’s “dolphin-safe” labeling requirements for tuna complies with the trade body’s rules. 
   Since 2008, the Mexican government has challenged the U.S. requirement in the WTO as discriminatory to its tuna fishing industry, while the United States has consistently argued that the rule does not discriminate against any country.
   Mexican tuna fishing fleets commonly use a practice known as “setting on dolphins,” during which they either chase or capture dolphins in their nets during the fishing of tuna. 
   In the original WTO proceeding and the first compliance proceeding in this dispute, the trade body panel and appellate body did not agree with Mexico that setting on dolphins is “dolphin safe,” but found that certain aspects of the U.S. labeling requirements were WTO-inconsistent.  
   While the United States disagreed that its labeling requirements breached WTO rules, it address the trade body’s findings on March 22, 2016, when the Commerce Department’s National Oceanic and Atmospheric Administration issued an interim final rule that made changes. 
   Separately, on May 22, 2017, following an arbitration proceeding based on the requirements that existed since 2013, Mexico received WTO authorization to impose countermeasures on U.S. products at a level up to $163 million per year. So far, Mexico has not applied any countermeasures on U.S. exports.
   Under WTO rules, the latest panel report will be adopted within 60 days, unless one of the parties appeals before the deadline. Mexico on Thursday said it will appeal.