Decisions of the Appellate Body of
the World Trade Organization
United States - Import Prohibition Of Certain Shrimp and
Shrimp Products Recourse to Article 21.5 of the DSU by Malaysia
2. Facts
In response to the original Panel and Appellate Body decisions, the US
Department of State issued Revised Guidelines for the Implementation of Section
609 of Public Law 101-162 Relating to the Protection of Sea Turtles in Shrimp
Trawl Fishing Operations (the 'Revised Guidelines'). The purpose is to protect
endangered sea turtles through a programme of certification. Under the original
guidelines, countries were certified if they implemented regulation to require
shrimps to use turtle excluder devices (TED). Under the Revised Guidelines,
other regulatory approaches to the protection of sea turtles may substitute for
TEDs, or a state may show that its shrimp fishing does not threaten sea turtles
and on that basis obtain certification.