STC Number - 164
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Restrictions on the importation of dry beans

Maintained by: Mexico
Raised by: United States of America
Supported by: Canada; Nicaragua
First date raised: April 2003 G/SPS/R/29 paras. 28-30
Dates subsequently raised: March 2004 (G/SPS/R/33 para.71)
Number of times subsequently raised: 1
Relevant documents: G/SPS/GEN/379 G/SPS/N/MEX/68 G/SPS/GEN/204/Rev.4 G/SPS/GEN/204/Rev.6 WT/DS284/4
Products covered: 070820 - Beans (Vigna spp., Phaseolus spp.); 071331 -- Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek
Primary subject keyword: Plant Health
Keywords: Good Offices/Consultations/Dispute Settlement; Plant health
Status: Resolved
Solution: In June 2006, the United States informed of the resolution of the concern (G/SPS/R/42, para. 39).
Date reported as resolved: 27/06/2006

Extracts from SPS Committee meeting summary reports

In April 2003, the representative of the United States indicated that Mexico had temporarily suspended the importation of dried beans from the United States on 21 January 2003 (G/SPS/GEN/379). Mexico continued to suspend imports under its plant health regulations and laws, with no evidence of a plant health risk. The import ban had been notified to WTO Members. The United States requested that Mexico immediately revoke the import ban.

The representatives of Canada and Nicaragua stated that they shared the concerns of the United States. Canada noted that no provision had been made in the Mexican measure for shipments en route. Nicaragua indicated that access for its black beans to the Mexican market had been blocked for what it considered arbitrary reasons. Of particular concern to the Nicaraguan representative was the administration set in place by Mexican rule 007 phyto 95, Standard NOM-028-FYTO-1995, notified as G/SPS/N/MEX/68. Over 9,000 hectares of black beans were grown in Nicaragua for export to the Mexican market.

The representative of Mexico replied that high level discussions had taken place between the Mexican authorities and the United States and Canada. Mexico would communicate in the next few days what steps it would take to resolve this phytosanitary risk. In response to the comments raised by Nicaragua, the Mexican representative reserved the right to reply at a later date.

In March 2004, the representative of Mexico informed the Committee that Item 133 of document G/SPS/GEN/204/Rev.4 had been resolved with Nicaragua. The representative of Nicaragua announced that on 8 March 2004, Nicaragua had notified the Dispute Settlement Body of its withdrawal of consultations with Mexico on the issue of restrictions on dry beans (WT/DS284/4).

In June 2006, the representatives of the United States and of Mexico informed the Committee that the concern regarding Mexico's restrictions on the importation of dry beans had been resolved (no. 164 - G/SPS/GEN/204/Rev.6)