Indonesia has now requested a panel in the U.S. - Clove Cigarettes (DS406) dispute. The request is here: http://www.worldtradelaw.net/pr/ds406-2(pr).pdf It's not much different from the consultations request, but does add some more specific TBT claims.
I don't think I have anything to add at this point to what I said about the consultations request, where I talked a bit about GATT Article III:4. But I will note that the next couple years could provide some great insights into the meaning of Article III:4 (and TBT 2.1) national treatment, as well as the "necessity" provisions of TBT 2.2. There are several cases going on right now that could give panels and the Appellate Body the opportunity (which they may not take, of course) to clarify a lot of points. The Tuna Labeling (DS381) case is furthest along, and there is also the COOL dispute (DS384, DS386) just starting up. Now we have Clove Cigarettes, and perhaps soon the Seal Products dispute (DS400, DS401). It will be very interesting to see where the jurisprudence stands at the end of all this.
