RESTRICTED
WORLD TRADE WT/DS31/2
ORGANIZATION 24May1996
(96-2012)
Original: English
CANADA -CERTAIN MEASURES CONCERNING PERIODICALS
Request fortheEstablishment ofaPanel bytheUnited States
Thefollowing communication, dated 24May1996, fromthePermanent Mission oftheUnited
States totheChairman oftheDispute Settlement Body, iscirculated attherequest oftheUnited States.
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TheGovernment ofCanada maintains several measures concerning periodicals, including, but
notlimited to:(1)Tariff Code 9958, which prohibits theimportation intoCanada ofcertain periodicals;
(2)PartV.1oftheExcise TaxAct,asenacted byBillC-103 of15December 1995, which imposed
anexcise taxoncertain so-called “split-run ”periodicals; and(3)theapplication offavourable postal
ratestocertain Canadian periodicals, including through actions oftheCanada PostCorporation and
theDepartment ofCanadian Heritage (formerly theDepartment ofCommunications).
These measures appear toprohibit orrestrict imports ofperiodicals from theUnited States
andother Members oftheWorld Trade Organization incontravention oftheGovernment ofCanada ’s
obligations under Article XIoftheGeneral Agreement onTariffs andTrade 1994, andalsoappear
tobeinconsistent withthenational treatment obligations oftheGovernment ofCanada under Article III
oftheGeneral Agreement onTariffs andTrade 1994.
These measures alsoappear tonullify orimpair thebenefits accruing totheUnited States directly
orindirectly under theGeneral Agreement onTariffs andTrade 1994.
On11March 1996, theGovernment oftheUnited States requested consultations withthe
Government ofCanada regarding these measures pursuant toArticle 4oftheUnderstanding onRules
andProcedures Governing theSettlement ofDisputes (“DSU”),andArticle XXIII oftheGeneral
Agreement onTariffs andTrade 1994.
Consultations wereheldon10April 1996, buthavefailed tosettle thedispute. Accordingly,
theUnited States respectfully requests theestablishment ofapanel withstandard terms ofreference
assetoutinArticle 7oftheDSU.
TheUnited States further asksthatthisrequest fortheestablishment ofapanel beinscribed
ontheagenda ofaspecial meeting oftheDispute Settlement Body, andthatthemeeting beheldon
6June1996.