. /.WORLD TRADE
ORGANIZATIONWT/DS122/10
4 January 2002
(02-0026)
Original:  English
THAILAND – ANTI-DUMPING DUTIES ON ANGLES,
SHAPES AND SECTIONS OF IRON OR NON-ALLOY
STEEL AND H-BEAMS FROM POLAND
Understanding between Thailand and Poland
Regarding Procedures under Articles 21 and 22 of the DSU
The following communication, dated 18 December 2001, from the Permanent Mission of
Thailand and the Permanent Mission of Poland to the Chairman of the Dispute Settlement Body, is
circulated at the request of these delegations.
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We hereby have the pleasure to inform you that on 18 December 2001, the Republic of
Poland and the Kingdom of Thailand concluded an agreement concerning procedures under
Articles 21 and 22 of the Understanding on Rules and Procedures Governing the Settlement ofDisputes (DSU) in the follow-up to the dispute "Thailand – Anti-Dumping Duties on Angles, Shapes
and Sections of Iron or Non-Allo y Steel from Poland" (WT/DS122).
The Agreed Procedures are enclosed herewith.WT/DS122/10
Page 2
Agreed Procedures
under Articles 21 and 22 of the
Understanding on Rules and Procedures
Governing the Settlement  of Disputes (DSU)
With regard to possible proceedings pursuant to Articles 21 and 22 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) in the fo llow-up to the dispute
Thailand – Anti-Dumping Duties on Angles, Shapes and Sections of Iron or Non-Alloy Steel and
H-Beams From Poland  (WT/DS122/R), the Government of the Republic of Poland and the Royal
Thai Government ("the Parties") have agreed as follows:
1. The Parties agree to hold consultations before the next regular DSB meeting scheduled for
18 December 2001 to discuss implementation of the recommendations and rulings of the DSB by
Thailand.  Poland will not at this stage initiate proceedings under Article 21.5 or Article 22 of the
DSU.
2. If Poland at any date hereafter decides that it may wish to initiate proceedings under
Articles 21.5 and Article 22 of the DSU, Poland shall initiate proceedings under Article 21.5 prior to
any proceedings under Article 22.  Poland shall provide Thailand advance notice of any proposal to
initiate proceedings under Article 21.5 and shall consult with Thailand before requesting the
establishment of a panel under Article 21.5.  Such consultations will take place at least 14 days beforerequesting the establishment of a panel under Article 21.5.  Either Poland and Thailand may appeal
the report of the panel established under Article 21.5;  and Article 16.4 of the DSU, which provides in
part that the DSB shall not consider the report of that panel for adoption until after the completion of
the appeal, shall apply.
3. After the adoption of the Article 21.5 panel report and, if either party appeals it, the Appellate
Body report, and in any case no later than 30 days after the date of adoption of such reports, Poland
may request authorization to suspend concessions or other obligations under Article 22 of the DSU,
and Thailand will not assert that Poland is precluded from obtaining DSB authorization because
Poland's request was made outside the 30 day time-period specified in the first sentence of
Article 22.6 of the DSU.  This is without prejudice of Thailand's rights to have the matter referred to
arbitration in accordance with the same Article.
Geneva, 18 December 2001
(s.) Tomasz Jodko (s.) Apiradi Tantraporn
Minister Plenipotentiary Ambassador
Permanent Representative of Permanent Representative of the  Poland to the WTO   Kingdom of Thailand to the WTO
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