WORLD TRADE
ORGANIZATIONWT/DSB/W/209
18 November 2002
(02-6375)
DISPUTE SETTLEMENT BODY
Draft Annual Report (2002)1
The present report has been prepared in pursuance of the Procedures for an Annual Overview
of WTO Activities and for Reporting under the WTO (WT/L/105), and sets out the actions taken by
the Dispute Settlement Body (DSB) in the period since its previous annual report.2
In carrying out its task, the DSB has held 26 meetings since the period covered by the
previous report.  The minutes of these meetings, which remain the record of the DSB's work, are
contained in documents WT/DSB/M/111 – WT/DSB/M/1363 and should be read in conjunction with
this report.
The following subjects are included in the report:
Page
1. Election of Chairperson...................................................................................................... ......3
2. Review of the DSU ............................................................................................................ ........4
3. Amendments to Rules 1, 24 and 27 of the Working Procedures for Appellate
Review......................................................................................................................... ...............4
4. Indicative list of governmental and non-governmental panelists.........................................4
5. Recourse to dispute settlement procedures ............................................................................5
(a) Argen tina ................................................................................................................... .................5
(i) Definitive anti-dumping dutie s on poultry from Brazil...............................................................5
(ii) Definitive anti-dumping measures on import s of ceramic floor ti les from Italy.........................6
(iii) Definitive safeguard measure on imports of preserved peaches ................................................6
(b) Canada ...................................................................................................................... ..................7
(i) Export credits and loan guar antees for regiona l aircra ft...........................................................7
(ii) Measures affecting the importation of milk and the exportation of dairy products:
Recourse to Article 21.5 of the DSU by New Zealand and the United States.............................8
(iii) Measures affecting the importation of milk and the exportation of dairy products:
Second recourse to Article 21.5 of the DSU by New Zealand and the United States .................8
(c) Ch ile....................................................................................................................... .....................9
                                                     
1 The Overview of the State of Play of WTO Disputes since 1 January 1995 to 31 October 2002
prepared by the Secretariat on its own responsibility is included, for practical purposes, in an Addendum to this
report.
2 WT/DSB/26 and Add.1.
3 The present report includes meetings of the DSB covering the period from 15 October 2001 to
11 November 2002.WT/DSB/W/209
Page 2
(i) Price band system and safeguard measures relating to certain agricultural products..............9
(d) Egypt....................................................................................................................... ....................9
(i) Definitive anti-dumping measures  on steel rebar from Turkey ..................................................9
(e) European Commun ities........................................................................................................ .....10
(i) Anti-dumping duties on imports of cotton-type bed linen from India .......................................10(ii) Provisional safeguard measures on imports of certai n steel products.....................................10
(iii) Trade descrip tion of sa rdines ............................................................................................. ......10
(f) India ....................................................................................................................... ...................11
(i) Measures affecting th e automotive sector.................................................................................11
(g) Japan ....................................................................................................................... ..................12
(i) Measures affecting the importation of apples...........................................................................12
(h) Mexico ...................................................................................................................... ................12
(i) Anti-dumping investigation of high fructose corn syrup (HFCS) from the United
States:  Recourse to Article 21.5 of the DSU by the United States ...........................................12
(ii) Measures affecting tel ecommunications services .....................................................................12
(i) Peru ........................................................................................................................ ...................13
(i) Tax treatment on ce rtain imported products ............................................................................13
(j) Romania..................................................................................................................... ...............13
(i) Import prohibition on wheat and wheat flour...........................................................................13
(k) Turkey...................................................................................................................... .................13
(i) Certain import proce dures for fresh fruit .................................................................................13
(l) United States............................................................................................................... ..............14
(i) Anti-Dumping Act of 1916 .................................................................................................... ....14
(ii) Anti-dumping and countervailing measures on steel plate from India.....................................14
(iii) Definitive safeguard measures on im ports of certain steel products........................................15
(iv) Definitive safeguard measures on imports of circular welded carbon quality line pipe
from Korea..................................................................................................................... ...........17
(v) Equalizing excise tax imposed by Florida on processed orange and grapefruit
products ....................................................................................................................... .............18
(vi) Final countervailing duty determination with respect to certain softwood lumber from
Canada......................................................................................................................... .............18
(vii) Import prohibition of certain shrimp and shrimp products:  Recourse to Article 21.5
of the DSU by  Mala ysia ......................................................................................................... ...19
(viii) Preliminary determinations with respect to certain softwood lumber from Canada................19
(ix) Rules of origin for te xtiles and apparel products .....................................................................20
(x) Section 110(5) of th e US Copyright Act....................................................................................20
(xi) Section 211 Omnibus Appropriations Act of 1998....................................................................21
(xii) Section 129(c)(1) of the Ur uguay Round Agreements Act........................................................21WT/DSB/W/209
Page 3
(xiii) Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat
products from Japan ............................................................................................................ .....21
(xiv) Tax treatment for “Foreign Sales Corporations”:  Recourse to Article 21.5 of the
DSU by the European Communities .........................................................................................22
(xv) Transitional safeguard measure on combed cotton yarn from Pakistan ..................................22
6. Surveillance of implementation of recommendations adopted by the DSB.......................23
(a) Argen tina ................................................................................................................... ...............23
(i) Definitive anti-dumping measures on import s of ceramic floor ti les from Italy.......................23
(ii) Measures affecting the export of bovine hides and the import of finished leather:
Agreement between the EC and Argentina concerning procedures under Articles 21
and 22 of the DSU.............................................................................................................. .......23
(b) European Commun ities........................................................................................................ .....23
(i) Regime for the importation, sa le and distribution of bananas .................................................23
(c) Thailand .................................................................................................................... ................24
(i) Anti-dumping duties on angels, shapes and sections of iron or non-alloy steel and H-
beams from Poland .............................................................................................................. .....24
(d) United States............................................................................................................... ..............24
(i) Anti-Dumping Act of 1916 .................................................................................................... ....24
(ii) Anti-dumping measures on certain hot-rolled steel products from Japan................................26
(iii) Section 110(5) of the US Copy right Act.................................................................................... 26
(iv) Section 211 Omnibus Appropriations Act of 1998....................................................................28
7. Other matters raised under "Other Business" ....................................................................28
(a) Statement by the United States concerning safeguard measures on imports of fresh,
chilled or frozen lamb meat fro m New Zealand and Australia.................................................28
(b) Statement by India regarding Turkey's restrictions on imports of textiles and clothing
products....................................................................................................................... ..............29
(c) Statement by Colombia regarding Thailand's request for consultations with regard to
the European Communities' Generali zed System of Preferences .............................................29
(d) Statement by the United States regarding Argentina's certain measures on the
protection of patent s and test data............................................................................................ .29
1. Election of Chairperson (WT/DSB/M/116, 120)
At its meeting on 18 December 2001, the DSB agreed to designate Mr. Kåre Bryn (Norway)
as Chairman of the DSB in order to serve out the remaining term of office of Mr. Roger Farrell (New
Zealand).
At its meeting on 19 February 2002, the DSB elected Mr. Carlos Pérez del Castillo (Uruguay)
as Chairman of the DSB by acclamation.
The incoming Chairman spoke.
The DSB took note of the statement.WT/DSB/W/209
Page 4
2. Review of the DSU (WT/DSB/M/116)
At the DSB meeting on 18 December 2001, the Chairman made a statement regarding the
negotiations on improvements and clarifications of the DSU as mandated under the Doha Ministerial
Declaration.  He outlined some procedural elements which, he believed, Members should take into
account in the process, and proposed that the DSB agree, at the present meeting, to launch theDSU negotiations.  Due to the lack of consensus, the Chairman proposed to revert to this matter.
The representatives of the European Communities, Canada, Japan, United States, Norway,
Australia, New Zealand, Mexico, Thailand, Chile and the Chairman spoke.
The DSB took note of the statements and agreed to revert to this matter.
3. Amendments to Rules 1, 24 and 27 of the Working Procedures for Appellate Review
(WT/DSB/M/134, 136)
At the DSB meeting on 23 October 2002 the Chairman invited delegations to present their
views on the amendments to Rules 1, 24 and 27 of the Working Procedures for Appellate Review.
The representatives of Japan, Colombia, Canada, Brazil, India, Mexico, Paraguay, United
States, Costa Rica, Australia, Israel, the European Communities and the Chairman spoke.
The DSB took note of the statements made regarding the amendments to Rules 1, 24 and 27
of the Working Procedures for Appellate Review.  It was agreed that the views expressed on thismatter would be duly communicated to the Appellate Body.
At the DSB meeting on 11 November 2002 the Chairman made a statement concerning the
exchange of views that had taken place at the 23 October DSB meeting with regard to substantive
aspects of the amendments to Rules 1, 24 and 27 of the Working Procedures for Appellate Review.
He said that it was his intention to transmit to the Appellate Body the record of the discussion on this
matter.
The DSB took note of the statement.
4. Indicative list of governmental and non- governmental panelists (WT/DSB/M/111, 112,
116, 121, 124 and Corr.1, 128, 130, 136)
At its meeting on 15 October 2001, the DSB approved the names contained in document
WT/DSB/W/172 proposed for inclusion on the indicativ e list in accordance with Article 8.4 of the
DSU.
At its meeting on 5 November 2001, the DSB approved the names contained in document
WT/DSB/W/174 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.
At its meeting on 18 December 2001, the DSB approved the names contained in document
WT/DSB/W/179 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.
At its meeting on 8 March 2002, the DSB approved the names contained in document
WT/DSB/W/187 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.WT/DSB/W/209
Page 5
At its meeting on 22 May 2002, the DSB approved the names contained in document
WT/DSB/W/191 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.
At its meeting on 24 June 2002, the DSB approved the names contained in document
WT/DSB/W/196 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.
At the DSB meeting on 29 July 2002, the Chairman asked Members to forward updated
curricula vitae of persons appearing on the current indicative list (WT/DSB/19 and Add.1 through
Add.4) as well as any modifications that they would wi sh to make to the list.  He proposed that this be
done by the end of November 2002, in order to enable the Secretariat to circulate an updatedindicative list in December 2002.
The DSB took note of the statement.At its meeting on 11 November 2002, the DSB approved the names contained in document
WT/DSB/W/208 proposed for inclusion on the indicativ e list, in accordance with Article 8.4 of the
DSU.
5. Recourse to dispute settlement procedures
(a) Argentina
(i) Definitive anti-dumping duties on poultry from Brazil (WT/DSB/M/121, 123)
At its meeting on 8 March 2002, the DSB considered a request by Brazil for the establishment
of a panel to examine Argentina’s definitive anti-dumping measures on imports of poultry from Brazil
(WT/DS241/3).
The representatives of Brazil and Argentina spoke.The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 17 April 2002, the DSB again considered this matter.
The representatives of Brazil and Argentina spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of the European Communities, Guatemala, Paraguay and the United
States reserved their third-party rights to participate in the Panel's proceedings.
4
                                                     
4 After the meeting, Canada and Chile reserved their third-party rights to participate in the Panel's
proceedings.WT/DSB/W/209
Page 6
(ii) Definitive anti-dumping measures on import s of ceramic floor tiles from Italy
(WT/DSB/M/112, 114)
In November 20005, the DSB established a panel to examine the complaint by the European
Communities with regard to Argentina’s definitive anti-dumping measures on imports of ceramic
floor tiles from Italy.
At its meeting on 5 November 2001, the DSB considered the Panel Report contained in
WT/DS189/R pertaining to the complaint by the European Communities.
The representatives of the European Communities, Argentina, United States and Hong Kong,
China spoke.
The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS189/R.
At its meeting on 5 December 2001, the representative of Argentina informed the DSB of his
country’s intentions in respect of implementation of the DSB’s recommendations on this matter,
pursuant to Article 21.3 of the DSU.
The representatives of Argentina and the European Communities spoke.
The DSB took note of the statements and of the information provided by Argentina regarding
its intentions in respect of implementation of the DSB’s recommendations.
(iii) Definitive safeguard measure on imports of preserved peaches (WT/DSB/M/116, 117)
At its meeting on 18 December 2001, the DSB considered a request by Chile for the
establishment of a panel to examine its complaint with regard to Argentina's definitive safeguard
measure on imports of preserved peaches (WT/DS238/2).
The representatives of Chile and Argentina spoke.The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 18 January 2002, the DSB again considered this matter.
The representatives of Chile and Argentina spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of the European Communities, Paraguay and the United States reserved
their third-party rights to participate in the Panel’s proceedings.
                                                     
5 WT/DSB/M/92.WT/DSB/W/209
Page 7
(b) Canada
(i) Export credits and loan guarantees for regional aircraft (WT/DSB/M/120, 121, 124 and
Corr.1, 125, 128)
In March 20016, the DSB established a panel to examine the complaint by Brazil with regard
to Canada's financing programmes used in relation to exports of regional jets.
At its meeting on 19 February 2002, the DSB considered the Panel Report contained in
WT/DS222/R and Corr.1 pertaining to this matter.
The representatives of Brazil, Canada, European Communities and the United States spoke.
The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS222/R and Corr.1.
At the DSB meeting on 8 March 2002, the representative of Canada informed the DSB of his
country's intentions with respect of implementation of the DSB's recommendations on this matter.
The representatives of Canada and Brazil spoke.
The DSB took note of the statements and of the information provided by Canada regarding its
intentions in respect of implementation of the DSB's recommendations.
At the DSB meeting on 22 May 2002, Brazil made a statement with regard to Canada's
implementation of the DSB's recommendations in this case.
The representatives of Brazil and Canada spoke.
The DSB took note of the statements.
At the DSB meeting on 3 June 2002, the representatives of Brazil and Canada announced that
their respective countries had reached a bilateral agreement with respect to the agenda item
concerning recourse by Brazil to Article 4.10 of the SCM Agreement and Article 22.2 of the DSU.  Inaccordance with the agreement, Brazil and Canada requested the DSB to defer the consideration of
this item and revert to it at the next regular meeting, currently scheduled to take place on
24 June 2002 on the understanding that such a deferral would in no way affect Brazil's right to request
authorization to take appropriate countermeasures and that any time-periods that might apply to this
request and its approval by the DSB would be extended accordingly.  It was so agreed.
At the DSB meeting on 24 June 2002, prior to the adoption of the agenda, the exchange of
views between Brazil and Canada took place with regard to the question as to whether or not Brazil's
request for suspension of concessions in the case on "Canada – Export Credits and Loan Guarantees
for Regional Aircraft" (WT/DS/222/7 and Corr.1) was properly before the DSB.
The representatives of Canada, Brazil and the Chairman spoke.
The DSB took note of the statements and adopted the proposed agenda with all the items,
including the above-mentioned item concerning Brazil's request for suspension of concessions.
                                                     
6 WT/DSB/M/101.WT/DSB/W/209
Page 8
Following the adoption of the agenda, the DSB considered Brazil's request under Article 4.10
of the SCM Agreement and Article 22.2 of the DSU for the DSB's authorization to take appropriate
countermeasures (WT/DS222/7 and Corr.1).
The representatives of Brazil, Canada, European Communities, the United States and the
Chairman spoke.
The DSB took note of the statements and it was agreed that the matter raised by Canada in
document WT/DS222/8 is referred to arbitration, in accordance with Article 22.6 of the DSU.
(ii) Measures affecting the importation of milk and the exportation of dairy products:  Recourse
to Article 21.5 of the DSU by New Zealand and the United States (WT/DSB/M/116)
In March 20017, the DSB agreed, pursuant to Article 21.5 of the DSU, to refer to the original
Panel, if possible, the matter raised by New Zealand and the United States concerning Canada’s
implementation of the DSB’s recommendations in this case.  In September 2001, Canada notified theDSB of its decision to appeal certain issues of law and legal interpretations developed by the Panel
(WT/DS103/20-WT/DS113/20).
At its meeting on 18 December 2001, the DSB considered the Appellate Body Report
contained in WT/DS103/AB/RW – WT/DS113/AB/RW and the Panel Report contained in
WT/DS103/RW – WT/DS113/RW pertaining to this matter.
The representatives of Canada, United States, New Zealand, Australia, European
Communities and Argentina spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS103/AB/RW – WT/D S113/AB/RW and the Panel Report contained in WT/DS103/RW –
WT/DS113/RW, as reversed by the Appellate Body Report.
(iii) Measures affecting the importation of milk and the exportation of dairy products:  Second
recourse to Article 21.5 of the DSU by New Zealand and the United States (WT/DSB/M/116)
At its meeting on 18 December 2001, the DSB considered a request by New Zealand
(WT/DS113/23) and a request by the United States (WT/DS103/23) for the establishment of a panel
to examine Canada’s implementation of the DSB’s recommendations and rulings on this matter,pursuant to Article 21.5 of the DSU.
The representatives of New Zealand, United States, Canada and the European Communities
spoke.
The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU to refer
to the original Panel, if possible the matter raised by New Zealand and the United States.  It was
agreed that the Panel would have standard terms of reference.
The representatives of Australia and the European Communities reserved their third-party
rights to participate in the Panel’s proceedings.
8
                                                     
7 WT/DSB/M/100.
8 After the meeting Argentina reserved its third-part y rights to participate in  the Panel’s proceedings.WT/DSB/W/209
Page 9
(c) Chile
(i) Price band system and safeguard measures relating to certain agricultural products
(WT/DSB/M/134, 136)
In March 20019, the DSB established a panel to examine the complaint by Argentina with
regard to this matter.  In June 2002, Chile notified the DSB of its decision to appeal certain issues oflaw and legal interpretations developed by the Panel (WT/DS207/5).
At its meeting on 23 October 2002, the DSB considered the Appellate Body Report contained
in WT/DS207/AB/R and the Panel Report containe d in WT/DS207/R pertaining to this matter.
The representatives of Argentina, Chile, European Communities, Colombia, India, Ecuador
and Venezuela spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS207/AB/R and the Panel Report contained in  WT/DS207/R, as modified by the Appellate
Body Report.
At the DSB meeting on 11 November 2002, the representative of Chile informed the DSB of
his country's intentions in respect of implementation of the DSB's recommendations on this matter,
pursuant to Article 21.3 of the DSU.
The representatives of Chile and Argentina spoke.The DSB took note of the statements and of the information provided by Chile regarding its
intentions in respect of implementation of the DSB's recommendations.
(d) Egypt
(i) Definitive anti-dumping measures on steel re bar from Turkey (W T/DSB/M/133 and Corr.1,
134)
In June 2001
10, the DSB established a panel to examine the complaint by Turkey with regard
to definitive anti-dumping measures imposed by Egypt on steel rebar from Turkey.
At its meeting on 1 October 2002, the DSB considered the Panel Report contained in
WT/DS211/R pertaining to this matter.
The representatives of Turkey and Egypt spoke.The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS211/R.
At the DSB meeting on 23 October 2002, the representative of Egypt informed the DSB of his
country's intentions with respect to the implementation of the DSB's recommendations on this matter.
The representatives of Egypt and Turkey spoke.The DSB took note of the statements and of the information provided by Egypt regarding its
intentions in respect of implementation of the DSB's recommendations.
                                                     
9 WT/DSB/M/101.
10 WT/DSB/M/106.WT/DSB/W/209
Page 10
(e) European Communities
(i) Anti-dumping duties on imports of cotton-ty pe bed linen from India (WT/DSB/M/124 and
Corr.1)
At its meeting on 22 May 2002, the DSB considered a request by India under Article 21.5 of
the DSU to examine the EC's implementation of the DSB's recommendations on this matter
(WT/DS141/13/Rev.1).
The representatives of India and the European Communities spoke.
The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer
to the original Panel, if possible, the matter ra ised by India in document WT/DS141/13/Rev.1.  The
Panel would have standard terms of reference.
The representatives of Japan and the United States reserved their third-party rights to
participate in the Panel's proceedings.11
(ii) Provisional safeguard measures on imports of  certain steel products (WT/DSB/M/131, 132)
At its meeting on 30 August 2002, the DSB considered a request by the United States for the
establishment of a panel to examine its complaint with regard to the provisional safeguard measures
imposed by the European Communities on certain steel products (WT/DS260/4).
The representatives of the United States and the European Communities spoke.The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 16 September 2002, the DSB again considered this matter.
The representatives of the United States, European Communities and Argentina spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Egypt, Japan and Korea reserved their third-party rights to participate
in the Panel's proceedings.
(iii) Trade description of sardines (WT/DSB/M/134, 136)
In July 2001
12, the DSB established a panel to examine the complaint by Peru with regard to
this mater.  In June 2002, the European Communities notified the DSB of its decision to appealcertain issues of law and legal interpretations developed by the Panel (WT/DS231/12).
At its meeting on 23 October 2002, the DSB considered the Appellate Body Report contained
in WT/DS231/AB/R and the Panel Report contai ned in WT/DS231 and Corr.1 pertaining to this
matter.
The representatives of the European Communities, Peru, Chile, United States, Venezuela,
Canada, Mexico, Colombia, India, Ecuador, Morocco, Malaysia, Turkey, Brazil, Indonesia, Egypt,
Uruguay and Hong Kong, China spoke.
                                                     
11After the meeting Korea reserved its third-party ri ghts to participate in the Panel's proceedings.
12 WT/DSB/M/107.WT/DSB/W/209
Page 11
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS231/AB/R and the Panel Report contained in  WT/DS231/R and Corr.1, as modified by the
Appellate Body Report.
At its meeting on 11 November 2002, the representative of the European Communities
informed the DSB of his country's intentions  in respect of implementation of the DSB's
recommendations on this matter, pursuant to Article 21.3 of the DSU.
The representatives of the European Communities, Peru, Canada, Venezuela and Chile spoke.The DSB took note of the statements and of the information provided by the European
Communities regarding its intention in respect of implementation of the DSB's recommendations.
(f) India
(i) Measures affecting the automotive sector (WT/DSB/M/122, 124 and Corr.1, 136)
In July 2000
13, the DSB established a panel to examine the complaint by the United States
with regard to this matter.  In November 200014, the DSB agreed that in accordance with Article 9.1
of the DSU, the Panel established in July 2000 to examine the complaint by the United States should
also examine the complaint by the European Co mmunities pertaining to the same matter.  In
January 2002, India notified the DSB of its decision to appeal certain issues of law and legal
interpretations developed by the panel (WT/DS1 46/8-WT/DS175/8).  In March 2000, India notified
the Appellate Body of its decision to withdraw its appeal in accordance with Rule 30(1) of theWorking Procedures for Appellate Review.  As a result of India's withdrawal of the appeal, the
Appellate Body completed its work and issued a sh ort Report outlining the procedural history of the
case.
At its meeting on 5 April 2002, the DSB considered the Appellate Body Report contained in
WT/DS146/AB/R - WT/DS175/ AB/R and the Panel Report contai ned in WT/DS146/R and Corr.1 -
WT/DS175/R/ and Corr.1 pertaining to this matter
The representatives of the United States, European Communities, India, Korea and the
Chairman spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS146/AB/R - WT/DS175/ AB/R and the Panel Report contai ned in WT/DS146/R and Corr.1 -
WT/DS175/R and Corr. 1.
At the DSB meeting on 22 May 2002, the representative of India informed the DSB of his
country's intentions in respect of implementation of the DSB's recommendations on this matter,
pursuant to Article 21.3 of the DSU.
The representatives of India, United States and the European Communities spoke.
The DSB took note of the statements and of the information provided by India regarding its
intentions in respect of the implementation of the DSB's recommendations.
At the DSB meeting on 11 November 2002, the representative of India announced that his
country had fully complied with the DSB's rulings and recommendations in this case.
                                                     
13 WT/DSB/M/86.
14 WT/DSB/M/92.WT/DSB/W/209
Page 12
The representatives of India, European Communities, United States and Korea spoke.
The DSB took note of the statements.
(g) Japan
(i) Measures affecting the importation of apples (WT/DSB/M/124 and Corr.1, 125)
At its meeting on 22 May 2002, the DSB considered a request by the United States for the
establishment of a panel to examine its complaint with regard to Japan's measures affecting the
importation of US apples (WT/DS245/2).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 3 June 2002, the DSB again considered this matter.
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Australia, Brazil and the European Communities reserved their third-
party rights to participate in the Panel's proceedings.15
(h) Mexico
(i) Anti-dumping investigation of high fructose co rn syrup (HFCS) from the United States:
Recourse to Article 21.5 of the DSU by the United States (WT/DSB/M/113)
In October 200016, the DSB agreed, pursuant to Article 21.5 of the DSU, to refer to the
original Panel the matter raised by the United States concerning Mexico’s implementation of theDSB’s recommendations in this case.  In July 2001, Mexico notified the DSB of its decision to appeal
certain issues of law covered in the Panel Report and certain legal interpretations developed by the
Panel (WT/DS132/10).
At its meeting on 21 November 2001, the DSB considered the Appellate Body Report
contained in WT/DS132/AB/RW and the Panel Report  contained in WT/DS132/RW pertaining to this
matter.
The representatives of the United States, Mexico and the European Communities spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS132/AB/RW and the Panel Report contained in WT/DS132/RW, as uph eld by the Appellate
Body Report.
(ii) Measures affecting telecommunications services (WT/DSB/M/121, 123)
                                                     
15 After the meeting Chinese Taipei and New Zealand reserved their third-party rights to participate in
the Panel's proceedings.
16 WT/DSB/M/91.WT/DSB/W/209
Page 13
At its meeting on 8 March 2002, the DSB considered a request by the United States for the
establishment of a panel to examine Mexico’s measures affecting basic telecommunications services
(WT/DS204/3).
The representatives of the United States and Mexico spoke.
The DSB took note of the statements and agreed to revert to this matter.At its meeting on 17 April 2002, the DSB again considered this matter.
The representatives of the United States, Mexico and Australia spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Canada, Cuba, European Communities, Guatemala, Japan and
Nicaragua reserved their third-party rights to participate in the Panel's proceedings.
17
(i) Peru
(i) Tax treatment on certain imported products (WT/DSB/M/128)
At its meeting on 24 June 2002, the DSB considered a request by Chile for the establishment
of a panel to examine its complaint with regard  Peru's tax treatment on certain imported products
(WT/DS255/3).
The representatives of Chile and Peru spoke.The DSB took note of the statements and agreed to revert to this matter.
(j) Romania
(i) Import prohibition on wheat and wheat flour (WT/DSB/M/115)
At its meeting on 10 December 2001, the DSB considered a request by Hungary for the
establishment of a panel to examine its complaint with regard to Romania's import prohibition on
wheat and wheat flour (WT/DS240/2).
The representatives of Hungary, Romania and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.
(k) Turkey
(i) Certain import procedures for fresh fruit (WT/DSB/M/128, 130)
At its meeting on 24 June 2002, the DSB considered a request by Ecuador for the
establishment of a panel to examine its complain t concerning the application of Turkey's current
procedures for the import of bananas (WT/DS237/3).
The representatives of Ecuador and Turkey spoke.
                                                     
17 After the meeting, Australia, Brazil, Honduras and India reserved their third-party rights to
participate in the Panel's proceedings.WT/DSB/W/209
Page 14
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 29 July 2002, the DSB again considered this matter.
The representatives of Ecuador, Turkey and the Chairman spoke.The DSB took note of the statements and agreed to establish a panel in accordance with
Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities and the United States reserved their third-
party rights to participate in the Panel's proceedings.
18
(l) United States
(i) Anti-Dumping Act of  1916 (WT/DSB/M/117)
At its meeting on 18 January 2002, the DSB considered a request by the European
Communities under Article 22.2 of the DSU (WT/DS136/15) and a request by Japan under
Article 22.2 of the DSU (WT/DS162/18) for the DSB's authorization to suspend the application to the
United States of the obligations under the GATT 1994, the Anti-Dumping Agreement and the WTO
Agreement.
The representatives of the European Communities, Japan, United States, Chile, Brazil,
Venezuela, Australia and Hong Kong, China spoke.
The DSB took note of the statements and it was agreed that the matters raised by the United
States in documents WT/DS136/16 and WT/DS162/ 19 are referred to arbitration as required by
Article 22.6 of the DSU.
(ii) Anti-dumping and countervailing measures on steel plate from India (WT/DSB/M/130, 131)
In July 200119 the DSB established a panel to examine the complaint by India with regard to
US anti-dumping and countervailing measures on steel plate from India.
At its meeting on 29 July 2002, the DSB considered the Panel Report contained in
WT/DS206/R and Corr.1 pertaining to this matter.
The representatives of India, United States and Chile spoke.
The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS206/R and Corr.1.
At its meeting on 30 August 2002, the representative of the United States informed the DSB
of his country's intentions with respect to implementation of the DSB's recommendations in this case,
pursuant to Article 21.3 of the DSU.
The representatives of the United States and India spoke.
The DSB took note of the statements and of the information provided by the United States
regarding its intentions in respect of implementa tion of the DSB's recommendations in this case.
                                                     
18 After the meeting, Colombia reserved its third-part y rights to participate in  the Panel's proceedings.
19 WT/DSB/M/107.WT/DSB/W/209
Page 15
(iii) Definitive safeguard measures on imports of certain steel products (WT/DSB/M/124 and
Corr.1, 125, 126, 127, 128, 129, 130)
At its meeting on 22 May 2002, the DSB considered a request by the European Communities
for the establishment of a panel to examine its comp laint with regard to the US definitive safeguard
measures on imports of certain steel products (WT/DS248/12).
The representatives of the European Communities, United States, Japan, Korea, Cuba, Brazil
and Venezuela spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 3 June 2002, the DSB again considered this matter.
The representatives of the European Communities and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Brazil, Canada, China, Chinese Taipei, Japan, Korea, Norway,
Switzerland and Thailand reserved their third-party rights to participate in the Panel's proceedings.
Also at its meeting on 3 June 2002, the DSB considered a request by Japan (WT/DS249/6)
and a request by Korea (WT/DS251/7) for the establishment of a panel to examine their complaints
with regard to the US definitive safeguard measures on imports of certain steel products.
The representatives of Japan, Korea, United States, Norway, Switzerland, European
Communities and China spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 7 June 2002, the DSB considered a request by China for the establishment
of a panel to examine its complaint with regard to the US definitive safeguard measures on imports of
certain steel products (WT/DS252/5).
The representatives of China, United States, European Communities and Korea spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 14 June 2002, the DSB again considered the requests by Japan and Korea
for the establishment of a panel to examine thei r complaints with regard to the US definitive
safeguard measures on imports of certain steel products.
The representatives of Japan, Korea, United States, European Communities, Switzerland and
the Chairman spoke.
The DSB took note of the statement and agreed  that the requests by Japan and Korea for the
estalishment of a panel with standard terms of reference are accepted, and that as provided for in
Article 9.1 of the DSU in respect of multiple complainants, the Panel established at the 3 June DSB
meeting to examine the complaint by the Europe an Communities contained in WT/DS248/12 would
also examine Japan's complaint contained in WT/DS249/6 and Korea's complaint contained in
WT/DS251/7.WT/DSB/W/209
Page 16
The Chairman confirmed that those delegations who had reserved their third-party rights in
the Panel established on 3 June 2002 DSB meeting at the request of the European Communities were
considered to be third parties in the single Panel.  In addition, the European Communities, Japan,
Korea, Mexico, Venezuela and Turkey reserved their third-party rights to participate in the Panel's
proceedings.
Also at its meeting on 14 June 2002 the DSB considered a request by Switzerland
(WT/DS253/5) and a request by Norway (WT/DS254/5 ) for the establishment of a panel to examine
their complaints with regard to the US definitive safeguard measures on imports of certain steel
products.
The representatives of Switzerland, Norway, United States, European Communities and
Korea spoke.
The DSB took note of the statements and agreed to revert to these matters at its regular
meeting on 24 June 2002.
At its meeting on 24 June 2002, the DSB again considered the requests by China, Switzerland
and Norway to examine their complaints with regard to the US definitive safeguard measures on
imports of certain steel products.
The representatives of China, Switzerland, Norway, United States, European Communities,
Japan, Korea and the Chairman spoke.
The DSB took note of the statements and agreed that the requests by China, Switzerland and
Norway for the establishment of a panel with standard terms of reference are accepted.  The DSB
further agreed that, as provided for in Article 9.1 of the DSU in respect of multiple complainants, the
Panel established at the 3 June DSB meeting to examine the complaint be the European Communities
contained in WT/DS248/12, which pursuant to the DSB's decision on 14 June 2002 had also been
requested to examine the complaint by Japan cont ained in WT/DS249/6 and the complaint by Korea
contained in WT/DS251/7, would also examine China's complaint contained in WT/DS252/5,
Switzerland's complaint contained in WT/DS253/5 and Norway's complaint contained in
WT/DS254/5.
The Chairman confirmed that those delegations who had reserved their third-party rights to
participate in the proceedings of the Panel established at the 3 June and then subsequently on
14 June 2002 DSB meetings were considered to be third parties in the Panel established at the present
meeting.  In addition, Cuba reserved its third-party rights to participate in the Panel's proceedings.20
At its meeting on 8 July 2002, the DSB considered a request by New Zealand for the
establishment of a panel to examine its complaint with regard to the US definitive safeguard measures
on imports of certain steel products (WT/DS258/9).
The representatives of New Zealand, United States, European Communities, Japan, Korea and
the Chairman spoke.
The DSB took note of the statements and agreed that the request by New Zealand for the
establishment of a panel with standard terms of reference is accepted.  The DSB further agreed that, as
provided for in Article 9.1 of the DSU in respect of multiple complainants, the Panel established at the3 June DSB meeting to examine the complaint by the European Communities contained in
WT/DS248/12, which pursuant to the DSB's decisi ons on 14 and 24 June 2002 was also requested to
                                                     
20 After the meeting, Malaysia reserved its third-part y rights to participate in the Panel's proceedings.
Subsequently it notified the Secretariat of its withdrawal.WT/DSB/W/209
Page 17
examine the complaint by Japan contained in WT/DS249/6, the complaint by Korea contained in
WT/DS251/7, the complaint by China contained in WT/DS252/5, the complaint by Switzerland
contained in WT/DS253/5 and the complaint by  Norway contained in WT/DS254/5, would also
examine the complaint by New Zealand contained in WT/DS258/9.
The Chairman confirmed that those delegations who had reserved their third-party rights to
participate in the proceedings of the Panel established at the 3 June and then subsequently on 14 and
24 June 2002 DSB meetings were considered to be third parties in the Panel established at the present
meeting.
At its meeting on 29 July 2002, the DSB considered a request by Brazil for the establishment
of a panel to examine its complaint with regard to US definitive safeguard measures on imports of
certain steel products (WT/DS259/10).
The representatives of Brazil, United States, European Communities, Japan and the Chairman
spoke.
The DSB took note of the statements and agreed that the request by Brazil for the
establishment of a panel with standard terms of reference is accepted.  The DSB further agreed that, as
provided for in Article 9.1 of the DSU in respect of multiple complainants, the Panel established at the
3 June DSB meeting to examine the complaint by the European Communities contained inWT/DS148/12, which pursuant to the DSB's decisions on 14 and 24 June as well as on 8 July 2002
was also requested to examine the complaint by Japan contained in WT/DS249/6, the complaint by
Korea contained in WT/DS251/17, the complaint by  China contained in WT/DS252/5, the complaint
by Switzerland contained in WT/DS253/5, the co mplaint by Norway contained in WT/DS254/5, and
the complaint by New Zealand contained in WT/DS258/9, would also examine the complaint byBrazil contained in WT/DS259/10.
The Chairman confirmed that those delegations who had reserved their third-party rights to
participate in the proceedings of the Panel established at the 3 June and then subsequently on 14, 24
June as well as on 8 July DSB meetings were considered to be third parties in the Panel established at
the present meeting.
(iv) Definitive safeguard measures on imports of circular welded carbon quality line pipe from
Korea (WT/DSB/M/121, 122, 123)
In October 2000
21, the DSB established a panel to examine the complaint by Korea with
regard to US definitive safeguard measures on imports of circular welded carbon quality line pipe
from Korea.  In November 2001, the United States notified the DSB of its decision to appeal certain
issues of law and legal interpretations developed by the Panel (WT/DS202/9).
At is meeting on 8 March 2002, the DSB considered the Appellate Body Report contained in
WT/DS202/AB/R and the Panel Report contained in WT/DS202/R pertaining to the complaint by
Korea.
The representatives of Korea, United States, European Communities, Mexico, Canada, Japan,
Chile, Australia and Hong Kong, China spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS202/AB/R and the Panel Report contained in  WT/DS202/R, as modified by the Appellate
Body Report.
                                                     
21 WT/DSB/M/91.WT/DSB/W/209
Page 18
At the DSB meeting on 5 April 2002, the representative of the United States informed the
DSB of his country's intentions with respect of implementation of the DSB's recommendations on this
matter, pursuant to Article 21.3 of the DSU.
The representatives of the United States, Korea and the European Communities spoke.
The DSB took note of the statements and of the information provided by the United States
regarding its intentions in respect of implementa tion of the DSB's recommendations in this case.
At the DSB meeting on 17 April 2002, Korea expressed concern about the lack of information
from the United States on a reasonable period of time for implementation of the DSB's
recommendations in this case.
The representatives of Korea and the United States spoke.
The DSB took note of the statements.
(v) Equalizing excise tax imposed by Florida on processed orange and grapefruit products
(WT/DSB/M/131, 133 and Corr.1)
At its meeting on 30 August 2002, the DSB considered a request by Brazil for the
establishment of a panel to examine its complaint with  regard to the imposition by the State of Florida
of an excise tax on processed orange and grapefruit products (WT/DS250/2).
The representatives of Brazil and the United States spoke.The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 1 October 2002, the DSB again considered this matter.
The representatives of Brazil and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities, Mexico and Paraguay reserved their third-
party rights to participate in the Panel's proceedings.
22
(vi) Final countervailing duty determination with respect to certain softwood lumber from
Canada (WT/DSB/M/130, 131, 133 and Corr.1)
At its meeting on 29 July 2002, the DSB considered a request by Canada for the
establishment of a panel to examine the final countervailing duty determination made by the US
Department of Commerce with respect to certa in softwood lumber from Canada (WT/DS257/2).
The representatives of Canada and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 30 August 2002, the DSB considered a new request by Canada in relation to
this matter (WT/DS257/3).
The representatives of Canada and the United States spoke.
                                                     
22 After the meeting, Chile reserved its third-party rights to participate in the Panel's proceedings.WT/DSB/W/209
Page 19
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 1 October 2002, the DSB again considered this matter.
The representatives of Canada and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities, India and Japan reserved their third-party
rights to participate in the Panel's proceedings.
(vii) Import prohibition of certain shrimp and shrimp products:  Recourse to Article 21.5 of the
DSU by Malaysia (WT/DSB/M/113)
In October 2000
23, the DSB agreed, pursuant to Article 21.5 of the DSU, to refer to the
original Panel the matter raised by Malaysia concerning the US implementation of the DSB’s
recommendations in this case.  In July 2001, Malaysia notified the DSB of its decision to appealcertain issues of law covered in the Panel Report and certain legal interpretations developed by the
Panel (WT/DS58/20).
At its meeting on 21 November 2001, the DSB considered the Appellate Body Report
contained in WT/DS58/AB/RW and the Panel Report  contained in WT/DS58/RW pertaining to this
matter.
The representatives of the United States, Malaysia, Canada, Australia, European
Communities, India and Hong Kong, China spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS58/AB/RW and the Panel Report contained in WT/DS58/RW, as upheld by the Appellate
Body Report.
(viii) Preliminary determinations with respect to certain softwood lumber from Canada
(WT/DSB/M/112, 114, 135)
At its meeting on 5 November 2001, the DSB considered a request by Canada for the
establishment of a panel to examine its complaint wi th regard to preliminary determinations made by
the US Department of Commerce with respect  to certain softwood lumber from Canada
(WT/DS236/2).
The representatives of Canada and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter
At its meeting on 5 December 2001, the DSB again considered this matter.
The representatives of Canada and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
                                                     
23 WT/DSB/M/91.WT/DSB/W/209
Page 20
The representatives of the European Communities and India reserved their third party rights
to participate in the Panel’s proceedings.24
At its meeting on 1 November 2002, the DSB considered the Panel Report contained in
WT/DS236/R pertaining to this matter.
The representatives of Canada, United States and the European Communities spoke.The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS236/R.
(ix) Rules of origin for textiles and apparel products (WT/DSB/M/124 and Corr.1, 128)
At its meeting on 22 May 2002, the DSB considered a request by India for the establishment
of a panel to examine its complaint with regard to  US rules of origin for textiles and apparel products
(WT/DS243/5).
The representatives of India, United States, Norway, Malaysia and a representative of the
Secretariat spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 24 June 2002, the DSB considered a revised request by India for the
establishment of a panel to examine its complaint with regard to the US rules of origin for textiles and
apparel products (WT/DS243/5/Rev.1).
The representatives of India, United States and a representative of the Secretariat spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of the European Communities, Pakistan and the Philippines reserved their
third-party rights to participate in the Panel's proceedings.25
(x) Section 110(5) of the US Copyright Act (WT/DSB/M/113, 117)
At the DSB meeting on 21 November 2001, the European Communities made a statement
regarding the implementation by the United States of the DSB's recommendations in this case.
The representatives of the European Communities and the United States spoke.
The DSB took note of the statements.At its meeting on 18 January 2002, the DSB considered a request by the European
Communities under Article 22.2 of the DSU for the DSB’s authorization to suspend the application to
the United States of the obligations under the TRIPS Agreement (WT/DS160/19).
The representatives of the European Communities, United States and Australia spoke.
The DSB took note of the statements and it was agreed that the matter raised by the United
States in document WT/DS160/20 is referred to ar bitration, as required by Article 22.6 of the DSU.
                                                     
24 After the meeting, Japan reserved its third-party rights to participate in the Panel's proceedings.
25 After the meeting, Bangladesh and China reserved their third-party rights to participate in the Panel's
proceedings.WT/DSB/W/209
Page 21
(xi) Section 211 Omnibus Appropriatio ns Act of 1998 (WT/DSB/M/119, 120)
In September 200026, the DSB established a panel to examine the complaint by the European
Communities and their member States with regard to US Section 211 Omnibus Appropriations Act of
1998.  In October 2001, the EC and their member States notified their decision to appeal certain issues
of law covered by the Panel Report and certain legal interpretations developed by the Panel Report(WT/DS176/5).
At its meeting on 1 February 2002, the DSB considered the Appellate Body Report contained
in WT/DS176/AB/R and the Panel Report contained in WT/DS176/R pertaining to the complaint by
the European Communities and their member States.
The representatives of the European Communities, United States, Cuba, Canada, Haiti,
Dominican Republic and Jamaica spoke.
The DSB took note of the statements and adopted the Appellate Body Report in
WT/DS176/AB/R and the Panel Repo rt in WT/DS176/R, as modified by the Appellate Body Report.
At the DSB meeting on 19 February 2002, the representative of the United States informed
the DSB of her country’s intentions with respect to implementation of the DSB’s recommendations on
this matter, pursuant to Article 21.3 of the DSU.
The representatives of the United States, European Communities and Cuba spoke.The DSB took note of the statements and of the information provided by the United States
regarding its intentions in respect of implementation of the DSB’s recommendations.
(xii) Section 129(c)(1) of the Uruguay Round Agreements Act (WT/DSB/M/131)
In August 2001
27, the DSB established a panel to examine the complaint by Canada with
regard to US Section 129(c)(1) of the Uruguay Round Agreements Act.
At its meeting on 30 August 2002, the DSB considered the Panel Report contained
WT/DS221/R pertaining to this matter.
The representatives of the United States and Canada spoke.
The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS221/R.
(xiii) Sunset review of anti-dumping duties on corrosion-resistant carbon steel flat products from
Japan (WT/DSB/M/123, 124 and Corr.1)
At its meeting on 17 April 2002, the DSB considered a request by Japan for the establishment
of a panel to examine its complaint with regard to  the US sunset review of anti-dumping duties on
corrosion-resistant carbon steel flat  products from Japan (WT/DS244/4).
The representatives of Japan and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.At its meeting on 22 May 2002, the DSB again considered this matter.
                                                     
26 WT/DSB/M/89.
27 WT/DSB/M/108.WT/DSB/W/209
Page 22
The representatives of Japan and the United States spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Canada, Chile, European Communities, India, Korea, Norway and
Venezuela reserved their third-party rights to participate in the Panel's proceedings.28
(xiv) Tax treatment for “Foreign Sales Corporations”:  Recourse to Article 21.5 of the DSU by the
European Communities (WT/DSB/M/118)
In December 200029, the DSB decided, in accordance with Article 21.5 of the DSU, to refer to
the original Panel the matter raised by the EC conc erning the implementation by the United States of
the DSB’s recommendations in this case.  In October 2001, the United States notified the DSB of its
decision to appeal certain issues of law covered in the Panel Report and certain legal interpretations
developed by the Panel (WT/DS108/21).
At its meeting on 29 January 2002, the DSB considered the Appellate Body Report contained
in WT/DS108/AB/RW and the Panel Report containe d in WT/DS108/RW pertaining to this matter.
The representatives of the European Communities, United States, Canada, India and Australia
spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS108/AB/RW and the Panel Report contained in  WT/DS108/RW, as modified by the Appellate
Body Report.
(xv) Transitional safeguard measure on combed cotton yarn from Pakistan (WT/DSB/M/112, 113)
In June 200030, the DSB established a panel to examine the complaint by Pakistan regarding
the transitional safeguard measure imposed by the United States on combed cotton yarn fromPakistan.  In July 2001, the United States notified the DSB of its decision to appeal certain issues of
law and legal interpretations developed by the Panel (WT/DS192/4).
At its meeting on 5 November 2001, the DSB considered the Appellate Body Report
contained in WT/DS192/AB/R and the Panel Report  contained in WT/DS192/R pertaining to the
complaint by Pakistan.
The representatives of Pakistan, United States, European Communities, Mexico, India, Japan
and Hong Kong, China spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS192/AB/R and the Panel Report contained in  WT/DS192/R, as modified by the Appellate
Body Report.
At the DSB meeting on 21 November 2001, the representative of the United States announced
that, effective from 9 November 2001, her country had implemented the DSB’s recommendations in
this case.
                                                     
28 After the meeting, Brazil reserved its third-party rights to participate in the Panel's proceedings.
Subsequently Venezuela notified the Secretariat of its withdrawal.
29 WT/DSB/M/95.
30 WT/DSB/M/84.WT/DSB/W/209
Page 23
The DSB took note of the statement and of the information provided by the United States
regarding its implementation of the DSB’s recommendations.
6. Surveillance of implementation of recommendations adopted by the DSB
Matters considered by the DSB under this item are included on the agenda pursuant to
Article 21.6 of the DSU which provides that:  "U nless the DSB decides otherwise, the issue of
implementation of the recommendations or rulings shall be placed on the agenda of the DSB meeting
after six months following the date of establishment of the reasonable time-period pursuant to
paragraph 3 and shall remain on the DSB's agenda until the issue is resolved.  At least 10 days prior to
each such DSB meeting, the Member concerned shall provide the DSB with a status report in writing
of its progress in the implementation of the recommendations or rulings."
(a) Argentina
(i) Definitive anti-dumping measures on import s of ceramic floor tiles from Italy
(WT/DSB/M/124 and Corr.1)
At the DSB meeting on 22 May 2002, Argentina presented its status report in which it
informed the DSB that it had fully implemented th e DSB's recommendations and rulings in this case
(WT/DS189/8).
The representatives of Argentina and the European Communities spoke.The DSB took note of the statements.
(ii) Measures affecting the export of bovine hides and the import of finished leather:  Agreement
between the EC and Argentina concerning procedures under Articles 21 and 22 of the DSU
(WT/DSB/M/121)
At the DSB meeting on 8 March 2002, Argentina announced that it had reached agreement
with the EC concerning procedures under Articl es 21 and 22 of the DSU with regard to the
implementation of the DSB's recommendations on this matter (WT/DS155/12).
The representatives of Argentina, European Communities and Japan spoke.The DSB took note of the statements and of the agreement between the EC and Argentina
concerning procedures under Article 21 and 22 of the DSU contained in document WT/DS155/12.
(b) European Communities
(i) Regime for the importation, sale and dist ribution of bananas (WT/DSB/M/111, 112, 116, 119)
At its meeting on 15 October 2001, the DSB considered the status report by the European
Communities on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS27/51/Add.22).
The representatives of the European Communities, Ecuador, Guatemala, Honduras, Panama,
United States, Mexico and Saint Lucia spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.WT/DSB/W/209
Page 24
At its meeting on 5 November 2001, the DSB considered the status report by the European
Communities on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS27/51/Add.23)
The representatives of the European Communities, Honduras, Ecuador, Panama, Mexico and
the United States spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 18 December 2001, the DSB considered the status report by the European
Communities on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS27/51/Add.24).
The representatives of the European Communities, Ecuador, Honduras, Panama, Colombia,
Saint Lucia and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 1 February 2002, the DSB considered the status report by the European
Communities on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS27/51/Add.25).
The representatives of the European Communities, Ecuador, Honduras, Colombia and the
United States spoke.
The DSB took note of the statements.
(c) Thailand
(i) Anti-dumping duties on angels, shapes and sections of iron or non-alloy steel and H-beams
from Poland (WT/DSB/M/116)
At its meeting on 18 December 2001, the DSB considered the status report by Thailand on its
progress in the implementation of the DSB's recommendations on this matter (WT/DS122/9).
The representatives of Thailand and Poland spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(d) United States
(i) Anti-Dumping Act of 1916 (WT/DSB/ M/116, 119, 121, 123, 124 and Corr.1, 128, 130, 133
and Corr.1, 136)
At its meeting on 18 December 2001, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14 – WT/DS162/17).
The representatives of the United States, Japan and the European Communities spoke.WT/DSB/W/209
Page 25
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 1 February 2002, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.1 – WT/DS162/17/Add.1).
The representatives of the United States, European Communities, Japan and Mexico spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 8 March 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.2 – WT/DS162/17/Add.2).
The representatives of the United States, European Communities, Japan and Mexico spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 17 April 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.3 – WT/DS162/17/Add.3).
The representatives of the United States, European Communities, Japan and Mexico spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 22 May 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.4 – WT/DS162/17/Add.4).
The representatives of the United States, Japan, European Communities and Mexico spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.5 – WT/DS/162/17/Add.5).
The representatives of the United States, Japan, European Communities and Mexico spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 29 July 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.6 - WT/DS162/17/Add.6)
The representatives of the United States, European Communities, Japan and Mexico spoke.WT/DSB/W/209
Page 26
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 1 October 2002, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.7 - WT/DS162/17/Add.7).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 11 November 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.8 - WT/DS162/17/Add.8).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(ii) Anti-dumping measures on certain hot-rolled steel products from Japan (WT/DSB/M/133 and
Corr.1, 136)
At its meeting on 1 October 2002, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter (WT/DS184/15).
The representatives of the United States, Japan and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 11 November 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.1).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(iii) Section 110(5) of the US Copyright Ac t (WT/DSB/M/116, 119, 121, 123, 124 and Corr.1, 128,
130, 133 and Corr.1, 136)
At its meeting on 18 December 2001, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18).
The representatives of the United States and the European Communities spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.WT/DSB/W/209
Page 27
At its meeting on 1 February 2002, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.1).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 8 March 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.2).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 17 April 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.3)
The representatives of the United States, European Communities and Australia spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 22 May 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.4).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.5).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 29 July 2002, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.6).
The representatives of the United States and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.WT/DSB/W/209
Page 28
At its meeting on 1 October 2002, the DSB considered the status report by the United States
on is progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.7).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 11 November 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.8).
The representatives of the United States and the European Communities spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(iv) Section 211 Omnibus Appropriations Ac t of 1998 (WT/DSB/M/133 and Corr.1, 136)
At its meeting on 1 October 2002, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter (WT/DS176/11).
The representatives of the United States, European Communities and Cuba spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 11 November 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.1)
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
7. Other matters raised under "Other Business"
(a) Statement by the United States concerning safeguard measures on imports of fresh, chilled or
frozen lamb meat from New Zealand and Australia (WT/DSB/M/113)
At the DSB meeting on 21 November 2001, the representative of the United States announced
that on 14 November 2001, her country had completed the implementation of the DSB’s
recommendations in this case (WT/DS177;  WT/DS178).
The representatives of the United States, Australia and New Zealand spoke.
The DSB took note of the statements.WT/DSB/W/209
Page 29
(b) Statement by India regarding Turkey's restricti ons on imports of textiles and clothing products
(WT/DSB/M/116)
At the DSB meeting on 18 December 2001, the representative of India expressed concern
about Turkey's delay in notifying the measure taken for compensation in relation to the above-
mentioned dispute, as agreed in the exchange of  letters of 6 July 2001 between Turkey and India
(WT/DS34/14).
The representatives of India and Turkey spoke.
The DSB took note of the statements.
(c) Statement by Colombia regarding Thailand's re quest for consultations with regard to the
European Communities' Generalized System of Preferences (WT/DSB/M/117)
At the DSB meeting 18 January 2002, Colombia referred to the consultations requested by
Thailand with regard to the EC's scheme of generalized system of preferences (WT/DS242/1).
Colombia expressed regret that Thailand made its request under Article XXIII of the GATT 1994
which excluded other countries with political, economic and commercial interests such as Colombia
from participating in such consultations.  Colombia considered that the issue of co-defendant should
be addressed in the DSU negotiations.
The representatives of Colombia and Costa Rica spoke.
The DSB took note of the statements.
(d) Statement by the United States regarding Argentina's certain measures on the protection of
patents and test data (WT/DSB/M/128)
At the DSB meeting on 24 June 2002, the representative of the United States announced that
her country and Argentina had jointly notified the DSB of their agreement reached in April 2002,
pursuant to which most of their claims in the above-mentioned dispute had been resolved
(WT/DS196/4).
The representatives of the United States and Argentina spoke.The DSB took note of the statements.
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