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January 2, 2001
The Honourable Charlene Barshefsky
United States Trade Representative
600-17th Street, N.W.
Washington, D.C.
20506
United States of America
Dear Ambassador Barshefsky:
The Government of Canada hereby requests consultations with the
Government of the United States under Article 2006 of the North American Free Trade
Agreement (NAFTA) with respect to the U.S. restrictions on the shipment of potatoes from
the province of Prince Edward Island.
On October 31, 2000, the United States temporarily closed the border to
imports of potatoes from the province of Prince Edward Island. Following extensive
bilateral discussions, U.S. Department of Agriculture (USDA) officials wrote to Canadian
Food Inspection Agency (CFIA) officials on December 13 providing assurances that the
border would be open to imports from Prince Edward Island subject to certain conditions.
Unfortunately, the United States did not implement the terms of this letter. Following
further discussions, USDA officials wrote again to CFIA officials on December 29
establishing more restrictive conditions than those provided in the December 13 letter.
The Government of Canada considers that the U.S. restrictions are
inconsistent with the obligations of the United States under the NAFTA, including but not
limited to, Articles 712, 715 and 716, and that they nullify or impair benefits to Canada
regardless of its consistency with the NAFTA.
As this matter involves perishable products, pursuant to NAFTA Article 2006
(4) the Government of Canada wishes to arrange consultations within 15 days at a mutually
convenient time.
Sincerely,
Pierre S. Pettigrew
c.c. Dr. Luis Ernesto Derbez
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