Brazil – Measures Affecting Imports of Retreaded Tyres

E353362

Brazil – Measures Affecting Imports of Retreaded Tyres is a landmark WTO dispute settlement case in which the Appellate Body examined the consistency of Brazil’s import restrictions on retreaded tyres with international trade rules and environmental and health exceptions.

All labels observed (2)

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Statements (65)

Predicate Object
instanceOf WTO Appellate Body case
WTO dispute
agreementInvoked Agreement on Agriculture
Agreement on Customs Valuation
Agreement on Import Licensing Procedures
Agreement on Pre‑shipment Inspection
Agreement on Rules of Origin
Agreement on Safeguards
Agreement on Sanitary and Phytosanitary Measures
Agreement on Technical Barriers to Trade
GATT 1994
Understanding on Rules and Procedures Governing the Settlement of Disputes
appellateBodyReportAdopted 2007
complainant European Communities
finding Brazil’s import ban on retreaded tyres was provisionally justified under GATT Article XX(b)
inconsistencies were found under the chapeau of GATT Article XX due to discrimination
GATTProvisionAtIssue Article I:1
Article III:4
Article XI:1
Article XX(b)
Article XX(d)
importance landmark case on trade and environment balance
leading precedent on the necessity analysis in WTO law
keyIssue chapeau of GATT Article XX
interpretation of GATT Article XX(b)
necessity test under environmental and health exceptions
measureChallenged Brazilian ban on imports of retreaded tyres
Brazilian restrictions on the importation of used tyres
panelEstablished 2005
respondent Brazil
shortName Brazil – Retreaded Tyres
subjectMatter environmental protection
import restrictions on retreaded tyres
public health protection
TBTProvisionAtIssue Article 2.1
Article 2.12
Article 2.2
Article 2.4
Article 2.5
Article 2.8
Article 2.9
Article 5.1.1
Article 5.2.1
Article 5.2.10
Article 5.2.11
Article 5.2.3
Article 5.2.4
Article 5.2.6
Article 5.2.7
Article 5.2.8
Article 5.2.9
thirdParty Argentina
Australia
China
Chinese Taipei
Cuba
Guatemala
Japan
Korea, Republic of
linked to: South Korea

Mexico
Paraguay
United States
WTOBody Appellate Body
linked to: WTO Appellate Body

Panel
WTOdisputeNumber DS332

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

WTO Appellate Body notableCase Brazil – Measures Affecting Imports of Retreaded Tyres
Brazil – Measures Affecting Imports of Retreaded Tyres shortName Brazil – Retreaded Tyres
linked to: Brazil – Measures Affecting Imports of Retreaded Tyres