USMCA Corn Dispute Panel Request

The Administration today pulled the trigger on establishing a dispute settlement panel under the US-Mexico-Canada Agreement challenging Mexico’s ban on biotech corn.

The actions comes following the failure of attempts by the United States and Mexico to negotiate a resolution to the dispute.

At issue is Mexico’s February 13, 2023 decree, banning the use of biotech corn in tortillas or dough, and the instruction to Mexican government agencies to gradually substitute the use of biotech corn in all products for human consumption and for animal feed.

Mexico’s measures are not based on science and undermine the market access it agreed to provide in the USMCA, according to the US Trade Representative’s Office.

“The United States has used the tools provided by the USMCA in attempting to resolve concerns with Mexico’s biotechnology measures,” USTR Katherine Tai said. “Through the USMCA dispute panel, we seek to resolve our concerns and help ensure consumers can continue to access safe and affordable food and agricultural products. It is critical that Mexico eliminate its USMCA-inconsistent biotechnology measures so that American farmers can continue to access the Mexican market and use innovative tools to respond to climate and food security challenges. Our bilateral relationship with Mexico, one of our oldest and strongest trading partners, is rooted in trust and honesty, and there are many areas where we will continue to cooperate and work together.”

In January, the United States sent a formal, written request to Mexico under the USMCA SPS Chapter (Article 9.6.14) for “an explanation of the reasons for” and “pertinent relevant information regarding” certain Mexican measures concerning biotechnology products.

Technical consultations were held with Mexico in March and dispute settlement consultations in June, but the two sides were unable to resolve the matter, according to USTR.

The United States has been clear that it would consider all options, including further steps to enforce US rights under the USMCA, if Mexico did not return to science- and risk-based biotechnology policies that are in compliance with USMCA commitments, USTR. The US dispute panel request is available at

https://ustr.gov/sites/default/files/2023-08/