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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

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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.

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