INTRODUCTION

1.1 On 17 April 2009, the People's Republic of China (“China”) requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) and Article 19 of the Agreement on Agriculture concerning measures taken by the United States affecting the importation of poultry products from China. In addition, in its consultations request, China indicated that, if it were demonstrated that any such measure is an SPS measure, China also requested consultations with the United States pursuant to Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”). China and the United States held consultations on 15 May 2009. However, no mutually agreed solution was found.

1.2 On 23 June 2009, China requested the establishment of a panel pursuant to Article 6 of the DSU, Article XXIII:2 of the GATT 1994, Article 19 of the Agreement on Agriculture, and Article 11 of the SPS Agreement.

1.3 At its meeting on 31 July 2009, the DSB established a panel pursuant to the request of China in document WT/DS392/2, in accordance with Article 6 of the DSU.