WT/DSB/W/ 686 
15 October  2021 
(21-7648) Page: 1/9 
  
 
 
DISPUTE SETTLEMENT BODY  
DRAFT ANNUAL REPORT (2021)  
The Report was prepared pursuant to 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.1 
 
In carrying out its tasks, the DSB held  nine 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/ 447 – WT/DSB/M/ 4562 and should be read in conjunction with this Report.  
 
The following matters are included in this Report:  
Table of Contents  
1   ELECTION OF CHAI RPERSON  ................................ ................................ .......................  2 
2   APPOINTMENT OF APPELLATE BODY MEMBERS  ................................ ...........................  2 
3   INDICATIVE LIST OF GOVERNMENTAL AND NON -GOVERNMENTAL PANELISTS  ...........  4 
4   ESTABLISHMENT OF PANELS AND REQUESTS FOR ESTABLISHMENT OF 
PANELS  ................................ ................................ ................................ ............................  4 
5   STATUS REPORTS ON PROGRESS IN THE IMPLEMENTATION OF THE 
RECOMMENDATIONS ADOPTED BY THE DSB  ................................ ................................ .... 6 
6   MATTERS RAISED BY MEMBERS PURSUANT TO ARTICLE  21.6 OF THE DSU 
(SURVEILLANCE AND IMPLEMENTATION)  ................................ ................................ ........  7 
7   RECOURSE TO ARTICLE  21.5 OF THE DSU (COMPLIANCE PANEL)  ................................  7 
8   RECOURSE TO ARTICLE  22 OF THE DSU (COMPENSATION AND SUSPENSION 
OF CONCESSIONS)  ................................ ................................ ................................ ...........  8 
9   OTHER MATTER S ................................ ................................ ................................ .........  8 
10   CONCLUSION  ................................ ................................ ................................ .............  9 
 
  
 
1 WT/DSB/81 . 
2 This Report includes activities that took place during meetings of the DSB from 18  December  2020 
through 27 September  2021.  WT/DSB/W/ 686 
 
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 1  ELECTION OF CHAIRPERSON  
1.1.  At its meeting on 28 April 2021, the DSB elected by acclamation H.E. Didier Chambovey 
(Switzerland) as Chair man of the DSB (WT/DSB/M/ 451). The following delegations made 
statements : Canada ; the European Union ; the Russian Federation ; China; Korea; Peru; Brazil; India; 
Singapo re; the United States ; the Philippines ; Japan; the United Kingdom ; Thailand ; New Zealand 
and Indonesia.  
2  APPOINTMENT OF APPELLATE BODY MEMBERS  
2.1.  Regarding the selection processes to appoint new Appellate Body members:  
• At the 18 December  2020 DSB meeting, Mexico, on behalf of the proponents, submitted 
a joint proposal on the AB selection processes contained in WT/DSB/W/609/Rev.1 9. No 
consensus was reached on this matter . The following delegations made statements : 
Mexico, on behalf of the proponents ; the Eur opean Union ; the United States ; Brazil; 
Thailand ; Switzerland ; Iceland ; the United Kingdom ; Nigeria, on behalf of the African 
Group ; Peru; Japan; South Africa ; Korea; India; Singapore ; Indonesia ; Turkey ; Canada ; 
China and Mexico . The Chairman said that the  DSB would take note of the statements  
expressing the respective positions, which would be reflected in the minutes of the present 
meeting . He said that this matter required political engagement on the part of all WTO 
Members (WT/DSB/M/44 7). 
 
• At the 2 5 January 2021 DSB meeting, Mexico, on behalf of the proponents, submitted a 
joint proposal on the AB selection process es contained in WT/DSB/W/609/Rev.19 . No 
consensus was reached on this matter . The following delegations made statements : 
Mexico, on behalf of the proponents ; the European Union ; the Russian Federation ; 
Indonesia ; Colombia ; Thailand ; China; India; Korea; New Zealand ; South Africa ; 
Nigeria,  on behalf of the African Group ; Switzerland ; Canada ; Japan; the United States ; 
Singapore ; Turkey ; Afghanistan ; the United Kingdom ; Mexico and Brazil . The Chairman 
said that the DSB would take note of the statements expressing the respective positions, 
which would be reflected in the minutes of the present meeting . He said that this matter 
required poli tical engagement on the part of all WTO Members (WT/DSB/M/448).  
• At the 2 2 February  2021 DSB meeting, Mexico, on behalf of the proponents, submitted a 
joint proposal on the AB selection process es contained in WT/DSB/W/609/Rev.19 . No 
consensus was reached on  this matter . The following delegations made statements : 
Mexico, on behalf of the proponents ; the European Union ; Korea; India; Indonesia ; China; 
Hong Kong, China ; Japan; South Africa ; the United Kingdom ; Nigeria, on behalf of the 
African Group ; the United States ; Brazil; Norway ; Switzerland ; Canada ; Iceland ; Thailand ; 
New Zealand ; the Russian Federation ; Singapore ; Turkey and Mexico . The Chairman said 
that the DSB would take note of the statements expressing the respective positions, which 
would be r eflected in the minutes of the present meeting . He said that this matter required 
political engagement on the part of all WTO Members (WT/DSB/M/449).  
• At the 2 8 April 2021 DSB meeting, Mexico, on behalf of the proponents, submitted a joint 
proposal on the A B selection processes contained in WT/DSB/W/609/Rev.19 . No 
consensus was reached on this matter . The following delegations made statements : 
Mexico, on behalf of the proponents ; the European Union ; Mauritius, on behalf of the 
African Group ; Canada ; India; Indonesia ; China; Korea; Hong Kong, China ; New Zealand ; 
Thailand ; Norway ; Switzerland ; Japan; the United Kingdom ; Brazil, the United States ; the 
Russian Federation ; Singapore and Mexico . The Chairman said that the DSB would take 
note of the statements expressing the respective positions, which would be reflected in 
the minutes of the present meeting . He said that this matter required political engagement 
on the part of all WTO Members and he hoped that Members would be able to find a 
solution  to this matter as soon as possible (WT/DSB/M/451).  WT/DSB/W/ 686 
 
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 • At the 28 May 2021 DSB meeting, Mexico, on behalf of the proponents, submitted a joint 
proposal on the AB selection processes contained in WT/DSB/W/609/Re v.19. No 
consensus was reached on this matter . The following delegations made statements : 
Mexico, on behalf of the proponents ; New Zealand ; the European Union ; Norway ; China; 
Indonesia ; the Russian Federation ; Thailand ; India; the United Kingdom ; Korea; Canada ; 
Japan; Nigeria, on behalf of the African Gro up; Switzerland ; the United States ; Brazil; 
Singapore  and Mexico . The Chairman said that the DSB would take note of the statements 
expressing the respective positions, which would be reflected in the minutes of the present 
meeting . He said that this matter  required political engagement on the part of all WTO 
Members and he hoped that Members would be able to find a solution to this matter as 
soon as possible . He also said that his door was open to all delegations wishing to contact 
him on this matter (WT/DS B/M/452).  
• At the 2 8 June 2021 DSB meeting, Mexico, on behalf of the proponents, submitted a joint 
proposal on the AB selection processes contained in document WT/DSB/W/609/Rev.19 . 
No consensus was reached on this matter . The following delegations made stat ements : 
Mexico, on behalf of the proponents ; the European Union ; Hong Kong, China ; Nigeria, on 
behalf of the African Group ; Indonesia ; New Zealand ; Korea; Thailand ; the United States ; 
the United Kingdom ; Switzerland ; Japan; Norway ; the Russian Federation ; Canada ; China; 
Singapore ; Turkey ; Brazil; India and Mexico . The Chairman said that the DSB would take 
note of the statements expressing the respective positions, which would be reflected in 
the minutes of the present meeting . He said that this matter required political engagement 
on the part of all WTO Members  and he hoped that Members would be able to find a 
solution to this matter as soon as possible . He recalled that this matter has also been 
discussed at the TNC meeting held on 2 5 June 2021. He also said that his door was open 
to all delegations wishing to contact him on this matter . He said that he himself would try 
to have a better understanding of the situation and different views on this matter  
(WT/DSB/M/453).  
• At the 2 6 July 2021 DSB meet ing, Mexico, on behalf of the proponents, submitted a joint 
proposal on AB selection processes contained in document WT/DSB/W/609/Rev.19 . No 
consensus was reached on this matter . The following delegations made statements : 
Mexico, on behalf of the propo nents; the United States ; Canada ; Indonesia ; China; Japan; 
Thailand ; the European Union ; Hong Kong, China ; Brazil; New Zealand ; Korea; Nigeria, 
on behalf of the African Group ; Norway ; the United Kingdom ; Singapore ; Argentina ; 
Switzerland ; India; Turkey ; Qatar; the Russian Federation and Mexico . The Chairman said 
that the DSB would take note of the statements expressing the respective positions, which 
would be reflected in the minutes of the present meeting . He said that this matter required 
political engag ement on the part of all WTO Members and he hoped that Members would 
be able to find a solution to this matter as soon as possible . He noted that the Chair of the 
General Council had held consultations on this matter in the context of the broader 
consultat ions in preparation for the MC12 . He also said that his door was open to any 
delegation wishing to contact him on this matter  (WT/DSB/M/454).  
• At the 30 August  2021 DSB meeting, Mexico, on behalf of the proponents, submitted a 
joint proposal on AB selection  processes contained in document WT/DSB/W/609/Rev.19. 
No consensus was reached on this matter. The following delegations made statements: 
Mexico, on behalf of the proponents; the European Union; Nigeria,  on behalf of the African 
Group ; Brazil; Canada; Japa n; China; Indonesia; the United Kingdom; Korea; Thailand; 
the Russian Federation; Turkey; Norway; India; Hong Kong, China; Argentina; New 
Zealand; Iceland; Switzerland; Singapore; the United States and Mexico. The Chairman 
said that the DSB would take note  of the statements expressing the respective positions, 
which would be reflected in the minutes of the present meeting. He said that this matter 
required political engagement on the part of all WTO Members and he hoped that Members 
would be able to find a solution to this matter as soon as possible. He noted that the Chair 
of the General Council had briefly reported on his consultations regarding the issue of 
restoration of a fully functional dispute settlement system at meeting of the General 
Council held on 27 July 2021. He said that  he would take up this matter with the GC Chair 
and indicated that his door was open to any delegation wishing to contact him directly on 
this matter (WT/DSB/M/45 5). WT/DSB/W/ 686 
 
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 • At the 27 September 2021 DSB meeting, Mexico, on behalf of the proponents, submitted 
a joint proposal on AB selection processes contained in document WT/DSB/W/609/Rev.19. 
No consensus was reached on this matter. The following delegations made statements:  
Mexico, on behalf of the proponents; the United States; the European Union; Canada; 
Brazil; Indonesia; Hong Kong, China; India; China; Japan; the United Kingdom; Korea; 
Switzerland; Norway; Iceland; Nigeria, on behalf of the African Group;  New Zealand; 
Singapore; Zambia; Malaysia; Thailand; the Russian Federation; Chad, on behalf of the 
LDC Group  and Mexico . The Chairman said that the DSB would take note of the statements 
expressing the respective positions, which would be reflected in the minutes of the present 
meeting. He said that this matter required political engagement on the part of all WTO 
Members and he hoped that Members would be able to find a solution to this matter as 
soon as possible.  He noted that the Chair of the General Coun cil had briefly reported on 
his consultations regarding the issue of restoration of a fully functional dispute settlement 
system at the meeting of the General Council held on 27 July 2021. He said that he would 
take up this matter with the GC Chair . He als o said  that his door was open to any 
delegation wishing to contact him directly on this matter (WT/DSB/M/456).  
3  INDICATIVE LIST OF GOVERNMENTAL AND NON -GOVERNMENTAL PANELISTS  
3.1.  During the period under review, the DSB approved a total of seven  new nomination s for 
inclusion on the Indicative List of Governmental and Non -Governmental Panelists, in accordance with 
Article  8.4 of the DSU . These names are contained in document s: WT/DSB/W/6 73, WT/DSB/W/675  and 
WT/DSB/W /682. The DSB approved these nominations at its m eeting s on 18 December  2020 
(WT/DSB/ M/447), 25 January  2021 (WT/DSB/M/448)  and 2 8 June 2021 (WT/DSB/M/453).  
3.2.  The DSB approved the following new names for the Indicative List : (i) Ecuador – Mr Roberto 
Betancourt, Mr Diego Caicedo, Mr Juan Carlos Castrillón, Ms Mireya Muñoz and Mr Luis Vaya s; 
(ii) Kenya  – Mr Andrew War uhiu and (iii) Qatar – Mr Abdulmehsen Fetais.  
4  ESTABLISHMENT OF PANELS AND REQUESTS FOR ESTABLISHMENT OF PANELS  
4.1.  During the period unde r review, the DSB established  seven  Panels in accordance with Article  6 
of the DSU . These actions are described below with reference to each of the disputes in question:  
• "Indonesia  – Measures Relating to Raw Materials" : The DSB considered, for the first time, 
the European Union's panel request at its meeting on 2 5 January  2021 (WT/DS592/3 ; 
WT/DSB/M/448) . The European Union and Indonesia made statements . The DSB 
considered  this matter , for the second time, at its meeting on 22 February  2021 and 
agreed to establish a panel in accordance with the provisio ns of Article  6 of the DSU, with 
standard terms of reference (WT/DSB/M/ 449). The European Union and Indonesia made 
statements . The following delegations reserved third -party rights to participate in the 
Panel's  proceedings : Brazil; Canada ; China; India; Japan; Korea; the Russian Federation ; 
Saudi Arabia ; Singapore ; Chinese Taipei ; Turkey ; Ukraine ; the United Arab Emirates ; the 
United Kingdom and the United States.  
• "United  States – Origin Marking Requirement" : The DSB considered, for the first time, 
Hong Kong, China's panel request at its meeting on 2 5 January  2021 (WT/DS597/5 ; 
WT/DSB/M/448) . Hong Kong, China and the United States made statements . The DSB 
considered  this matter , for the second  time, at its meeting on 22 February  2021 and 
agreed to establis h a panel in accordance with the provisions of Article  6 of the DSU, with 
standard terms of reference  (WT/DSB/M/4 49). Hong Kong, China and  the United States  
made statements . The following delegations reserved third -party rights to participate in 
the Panel' s proceedings : Brazil; Canada ; China; the European Union ; India; Japan; Korea; 
Norway ; the Russian Federation ; Singapore ; Switzerland ; Turkey and Ukraine.  
• "China – Anti-Dumping and Countervailing Duty Measures on Barley from Australia" : The 
DSB considered, for the first time, Australia's panel request at its meeting on 2 8 April 2021 
(WT/DS598/4 ; WT/DSB/M/451) . Australia and China made statements . The DSB 
considered  this matter , for the second time, at its meeting on 2 8 May 2021 and agreed to 
establish a panel in accordance with the provisions of Article 6 of the DSU, with standard WT/DSB/W/ 686 
 
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 terms of reference (WT/DSB/M/452) . Australia and China made statements . The following 
delegations reserved third -party rights to participate in the Panel's proceedings : Brazil; 
Canada ; the European Union ; India; Japan; Mexico; New Zealand ; Norway ; the Russian 
Federation ; Singapore ; Ukraine ; the United Kingdom and the United States.  
• "European Union and Certain Member States – Certain Measures Concerning Palm Oil and 
Oil Pa lm Crop -Based Biofuels" : The DSB considered, for the first time, Malaysia's panel 
request at its meeting on 2 8 April 2021 (WT/DS 600/6; WT/DSB/M/451) . Malaysia and the 
European Union made statements . The DSB considered  this matter , for the second time , 
at its meeting on 2 8 May 2021 and agreed to establish a panel in accordance with the 
provisions of Article 6 of the DSU, with standard terms of reference (WT/DSB/M/452) . 
Malaysia and the European Union made statements . The following delegations reserved 
third-party rights to participate in the Panel's proceedings : Argentina ; Australia ; Brazil; 
Canada ; China; Colombia ; Costa Rica ; Ecuador ; El Salvador ; Guatemala ; Honduras ; India; 
Indonesia ; Japan; Korea; Norway ; the Russian Federation ; Saudi Arabia ; Singapore ; 
Thailand ; Turkey ; Ukraine ; the United Kingdom and the United States.  
• "China – Measures Concerning the Importation of Canola Seeds from Canada" : The DSB 
considered, for the first time, Canada's panel request at its meeting on 2 8 June 2021 
(WT/DS58 9/4; WT/DSB/M/453) . Canada and China made statements . The DSB 
considered  this matter , for the second time, at its meeting on 2 6 July 2021 and agreed to 
establish a panel in accordance with the provisions of Article 6 of the DSU, with standard 
terms of refe rence (WT/DSB/M/454) . Canada and China made statements . The following 
delegations reserved third -party rights to participate in the Panel's proceedings : Australia; 
Brazil; the European Union ; India; Japan; Norway ; the Russian Federation ; Singapore ; 
Chinese Taipei , the United States and Viet Nam.  
• "Panama – Measures Concerning the Importation of Certain Products from Costa Rica": 
The DSB considered, for the first time, Costa Rica 's panel request at its meeting on  
30 August  2021 (WT/DS599/4;  WT/DSB/M/455 ). Costa Rica and Panama made 
statements . The DSB considered  this matter , for the second time, at its meeting on 
27 September  2021 and agreed to establish a panel in accordance with the provisions of 
Article 6 of the DSU, with standard terms of reference ( WT/DSB/M/45 6). Costa Rica  and 
Panama  made statements. The following delegations reserved third -party rights to 
participate in the Panel's proceedings:  Australia; Brazil; Canada; China; the European 
Union; Guatemala; Honduras; India; Mexico; Nicaragua; the Russian Federation; the 
United Kingdom Chinese Taipei and the United States . 
• "China – Anti-Dumping Measures on Stainless Steel Products from Japan": The DSB 
considered, for the first time,  Japan 's panel request at its meeting on  30 August  2021 
(WT/DS601/2;  WT/DSB/M/455). Japan and China made statements.  The DSB considered  
this matter , for the second time, at its meeting on 2 7 September  2021 and agreed to 
establish a panel in accordance with the provisions of Article 6 of the DSU,  with standard 
terms of reference (WT/DSB/M/45 6). Japan  and China made statements. The following 
delegations reserved third -party rights to participate in the Panel's proceedings: Australia ; 
Brazil ; Canada ; the European Union ; India; Korea ; Mexico; the Rus sian Federation ; 
Saudi  Arabia ; Chinese Taipei; the United States and Viet Nam . 
4.2. The following panel request was considered by the DSB for the first time:  
• "China – Anti-Dumping and Countervailing Duty Measures on Wine from Australia": 
The DSB considered , for the first time,  Australia 's panel request at its meeting on  
27 September  2021 (WT/DS602/2; WT/DSB/M/456). Australia and China made 
statements.  WT/DSB/W/ 686 
 
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 5  STATUS REPORTS ON PROGRESS IN THE IMPLEMENTATION OF THE 
RECOMMENDATIONS ADOPTED BY THE DSB  
5.1.  The DSB received  status reports with respect to implementation of DSB rulings and 
recommendations during the period considered in this Report with regard to six matters as follows:  
• "United States – Anti-Dumping Measures on Certain Hot-Rolled Steel  Products from Japan" : 
Status reports by the United  States (WT/DS184/15/Add. 210, 211, 212, 214,  215, 216, 217, 218 
and 219) were submitted at the DSB meetings held on 18 December  2020 (WT/DSB/M/4 47), 
25 January  2021 (WT/DSB/M/4 48), 22 February  2021 (WT/DSB/M/4 49), 28 April 2021 
(WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 28 June 2021 (WT/DSB/M/4 53), 
26 July 2021 (WT/DSB/M/ 454), 30 August  2021 (WT/DSB/M/4 55) and 27 September  2021 
(WT/DSB/M/4 56). In the course of the period covered by this report , statements on this matter 
were made by the United  States (9 times) and Japan  (9). 
• "United States – Section 110(5)  of the US Copyright Act" : Status reports by the 
United  States (WT/DS160/24/Add. 185, 186 , 187, 189, 190,  191, 192, 193 and 194) were 
submitted at the DSB meetings held  on 18 December  2020 (WT/DSB/M/4 47), 
25 January  2021 (WT/DSB/M/4 48), 22 February  2021 (WT/DSB/M/4 49), 28 April 2021 
(WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 28 June 2021 (WT/DSB/M/4 53), 
26 July 2021 (WT/DSB/M/4 54), 30 August  2021 (WT/DSB/M/4 55) and 27 September  2021 
(WT/DSB/M/4 56). In the course of the period covered by this report , statements on this 
matter  were made by the United  States ( 9 times ), the European  Union ( 9) and China  (1). 
• "European  Communities  – Measures Affecting the Approval and Market ing of Biotech 
Products" : Status reports by the European  Union (WT/DS291/37/Ad d.148, 149, 150, 152, 
153, 154, 155,  156 and 157) were submitted at the DSB meetings held on 
18 December  2020 (WT/DSB/M/4 47), 2 5 January  2021 (WT/DSB/M/4 48), 
22 February  2021 (WT/DSB/M/4 49), 28 April 2021 (WT/DSB/M/4 51), 28 May 2021 
(WT/DSB/M/4 52), 28 June 2021 (WT/DSB/M/4 53), 26 July 2021 (WT/DSB/M/4 54), 
30 August  2021 (WT/DSB/M/ 455) and 27 September  2021 (WT/DSB/M/4 56). In the course of 
the period covered by this report , statements on this matter were made by the European  
Union (9 times) and the United  States (9). 
• "United States – Anti-Dumping and Countervailing Measures on Large Residential Washers 
from Korea ": Status reports by United  States  (WT/DS464/17 /Add.32, 33, 34, 36, 37, 38, 
39, 40 and 41) were submitted at the DSB meetings held on 18  December  2020 
(WT/DSB/M/4 47), 2 5 January  2021 (WT/DSB/M/4 48), 22 February  2021 
(WT/DSB/M/4 49), 28 April 2021 (WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 
28 June 2021 (WT/DSB/M/4 53), 26 July 2021 (WT/DSB/M/4 54), 30 August  2021 
(WT/DSB/M/4 55) and 27 September  2021 (WT/DSB/M/4 56). In the course of the  period 
covered by this report , statements on this matter were made by the United  States 
(9 times ), Korea  (9) and Canada  (9). 
• "United  States – Certain Methodologies and their Application to Anti -Dumping Proceedings 
Involving China" : Status report s by the United States (WT/ DS471/17 /Add.24, 25, 26, 28, 
29, 30, 31, 32 and 33) were submitted at the DSB meetings held on 18  December  2020 
(WT/DSB/M/4 47), 2 5 January  2021 (WT/DSB/M/4 48), 22 February  2021 
(WT/DSB/M/4 49), 28 April 2021 (WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 
28 June 2021 (WT/DSB/M/4 53), 2 6 July 2021 (WT/DSB/M/4 54), 30 August  2021 
(WT/DSB/M/4 55) and 27 September  2021 (WT/DSB/M/4 56). In the course of the  period 
covered by this report , statements on this matter were made by the  United States ( 9 
times) and China  (9). 
• "Indonesia – Importation of Horticultural Products, Animals and Animal Products ": 
Status reports by Indonesia (WT/DS477/21 –WT/DS478/22  Add. 19, 20 , 21, 23, 24, 25 , 
26, 27 and 28) were submitted at the DSB meetings held on  18 December  2020 
(WT/DSB/M/447), 25 January  2021 (WT/DSB/M/4 48), 22 February  2021 
(WT/DSB/M/4 49), 28 April 2021 (WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 
28 June 2021 (WT/DSB/M/4 53), 2 6 July 2021 (WT/DSB/M/4 54), 30 August  2021 WT/DSB/W/ 686 
 
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 (WT/DSB/M/4 55) and 27 September  2021 (WT/DSB/M/4 56). In the course of the  period 
covered by this report, statements on this matter were made by Indonesia (9 times), New 
Zealand ( 9) and the United  States (9). 
6  MATTERS RAISED BY MEMBERS PURSUANT TO ARTICLE  21.6 OF THE DSU 
(SURVEILLANCE AND IMPLEMENTATION)  
6.1.  The DSB considered at several meetings the implementation of the DSB recommendations and 
rulings wit h respect to three matter s: 
• "United  States – Continued Dumpi ng and Subsidy Offset Act of 2000" (DS217 ; DS234) : 
the European  Union raised the implementation of the DSB's recommendations and rulings 
in these disputes at the DSB meetings held on 18 December  2020 (WT/DSB/M/4 47), 
25 January  2021 (WT/DSB/M/4 48), 22 February  2021 (WT/DSB/M/4 49), 28 April 2021 
(WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 28 June 2021 (WT/DSB/M/4 53), 
26 July 2021 (WT/DSB/M/ 454), 30 August  2021 (WT/DSB/M/4 55) and 
27 September  2021 (WT/DSB/M/4 56). In the course of the period covered by this report , 
the following delegations made statements : The European  Union ( 9 times),  Canada  (6) 
and the United  States ( 9). 
• "European  Communities and Certain Member States – Measures Affecting Trade in 
Large  Civil Aircraft" (DS316) : The United States raised the implem entation of the 
DSB recommendations and rulings in this dispute at the DSB meetings held on 
18 December  2020 (WT/DSB/M/4 47), 25 January  2021 (WT/DSB/M/4 48), 22 February  2021 
(WT/DSB/M/4 49), 28 April 2021 (WT/DSB/M/4 51), 28 May 2021 (WT/DSB/M/4 52), 
28 June 2021 (WT/DSB/M/4 53), 2 6 July 2021 (WT/DSB/M/ 454), 30 August  2021 
(WT/DSB/M/4 55) and 27 September  2021 (WT/DSB/M/4 56). In the course of the period 
covered by this report, t he following delegations made statements : The United States 
(9 times ) and the European  Union ( 9). 
• "Australia – Anti-Dumping Measures on A4 Copy Paper" (DS529) : Indonesia raised the  
issue of  implementation of the DSB recommendations and rulings in this dispute at the 
DSB meeting s held on 18 December  2020 (WT/DSB/M/44 7), 25 January  2021 
(WT/DSB/M/448) , 22 February  2021 (WT/DSB/M/449)  and 2 8 April 2021 
(WT/DSB/M/451) . In the course of the period covered by this report, t he following 
delegations made statements : Indonesia ( 4 times ) and Australia ( 4). 
7  RECOURSE TO ARTICLE  21.5 OF THE DSU (COMPLIANCE PANEL)  
7.1.  One matter w as referred by the DSB to the compliance Panel pursuant to Article  21.5 of 
the DSU:  
• "China  – Tariff Rate Quotas for Certain Agricultural Products ": At its meeting on 
26 July 2021, the DSB considered, for the first time, a panel request pursuant to Article 
21.5 of the DSU by China  (WT/DS 517/20; WT/DSB/M/4 54). China and the United States 
made statements.  The DSB considered this matter, for the second time, at its meeting on 
30 Augus t 2021 (WT/DSB/M/455) and agreed, pursuant to Article 21.5 of the DSU, to 
refer to the original Panel, if possible, the matter raised by China  in document 
WT/DS 17/20. It was agreed that the Panel would have standard terms of reference . China  
and the United  States  made statements . The following delegations reserved third -party 
rights to participate in the Panel's proceedings : Australia, Brazil, Canada, the European 
Union, Guatemala, India, Japan, the Russian Federation, Chinese Taipei , Turkey, 
the United Kin gdom and Viet Nam.  WT/DSB/W/ 686 
 
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 8  RECOURSE TO ARTICLE  22 OF THE DSU (COMPENSATION AND SUSPENSION OF 
CONCESSIONS)  
8.1.  During the period under review,  one request for DSB authorization to suspend concessions or 
other obligations  had been referred to arbitration under Article  22.6 of the DSU : 
• "China  – Tariff Rate Quotas for Certain Agricultural Products ": Prior to the adoption of the 
proposed Agenda of the 26 July 2021 DSB meeting  (WT/DSB/M/454) , the US  request 
under Article  22.2 of the DSU contained in document WT/D S517/19 , was removed from 
the proposed Agenda following China's request for  arbitration under Article  22.6 of the 
DSU (WT/DS517/21) . The United States and China made statements.  
9  OTHER MATTERS  
9.1.  A variety of other matters were raised in the DSB:  
9.2.  At the DSB meeting held on 18 December  2020 (WT/DSB/M/44 7), the Chairman made a 
statement, under his own responsibility, in order to report to delegations on his consultation s with 
Thailand and the Philippines in the DS371 dispute  ("Thailand – Customs and Fiscal Measures on 
Cigarettes from the Philippines") . He said that as a result of this consultative process he was pleased 
to announce that the parties had agreed to a new  step, namely, the appointment of Ambassador 
George Mina of Australia as a Facilitator to deepen the Chair's consultative process . He said that the 
mandate of t he Facilitator was to  seek to identify and make recommendations to the parties on ways 
and means of  resolving the relevant outstanding issues, which would include both procedural and/or 
substantive issues, including a potential comprehensive settlement, subject to the parties' 
agreement (WT/DS371/44) . The following delegations made statements : the Philippines, Thailand, 
Australia and Japan . At the DSB meeting held on 2 6 July 2021 (WT/DSB/M/454), Ambassador 
George Mina of Australia, the Facilitator in the DS371 dispute ("Thailand – Customs and Fiscal 
Measures on Cigarettes from the Philippines") m ade a progress report on the DS371 
Facilitator -assisted discussions in accordance with paragraph 5 of the 2 1 December  2020 
Understanding between the Philippines and Thailand contained in document WT/DS371/44.  He also 
referred to his previous written  report  on this matter contained in document WT/DS371/45.  
9.3.  At the DSB meeting held on 1 8 December  2020 (WT/DSB/M/447), Canada made a statement 
on practices concerning the use of flexible arrangements in dispute settlement proceedings during 
the COVID -19 pandemic  (JOB/DSB/1/Add.1 3). The following delegations made statements:  Canada; 
India; the United States; Guatemala; Tunisia; Chinese Taipei; Japan; Nigeria, speaking on behalf of 
the African Group; Australia; China; Korea; Turkey; the United Kingdom; Colombia and South Africa.  
9.4.  At the DSB meeting held on 18 December  2020 (WT/DSB/M/44 7), Brazil  made a statement 
regarding the Panel Report in  the dispute on : "Indonesia  – Measures Concerning the Importation of 
Chicken Meat and Chicken Products : Recourse to Article 21.5 of the DSU by Brazil"  (DS484). The 
following delegations made statements : Brazil, Indonesia,  the European Union, Canada and  the 
Russian Federation.  
9.5.  At the DSB meeting held on 2 5 January  2021 (WT/DSB/M/44 8), Japan made a statement 
regarding the Panel Report in  the dispute : "Korea – Sunset Review of Anti -Dumping Duties on 
Stainless Steel Bars"  (DS553) . The following delegations made statements : Japan, Korea,  the 
European Union,  Canada and the Russian Federation.  
9.6.  At the DSB meeting held on 2 2 February  2021 (WT/DSB/M/449), Pakistan and the United Arab 
Emirates  made statement s regarding the Panel Report in the dispute on : "Pakistan – Anti-Dumping 
Measures on Biaxially Oriented Polypropylene Film from the United Arab Emirates" (DS538) . The 
following delegati ons made statements : Pakistan, the United Arab Emirates, the European Union, 
the Russian Federation and Canada.  
9.7.  Prior to the adoption of the proposed Agenda, the 2 6 March  2021 DSB meeting 
(WT/DSB /M/450) was suspended in order to allow time for consultation s with regard to the DS574 
dispute . The following delegations made statements : the United States, Venezuela, Peru, Brazil,  
Colombia,  the European Union, Cuba and the Russian Federation.  WT/DSB/W/ 686 
 
- 9 - 
 
 9.8.  Prior to the adoption of the proposed Agenda of the 2 8 April 2021 DSB meeting 
(WT/DSB/M/451), the Chairman made a short report regarding his consultations  on the DS574 
dispute  with each interested party . Venezuela made a statement  regarding this matter . Prior to the 
adoption of the proposed Agenda of the 2 8 May 2021 DSB meeting (WT/DSB/M/452), the Chairman 
made a further short report regarding his consultations on the DS574 dispute with each interested 
party. Prior to the adoption of the proposed Agenda of the 28 June 2021 DSB meeting 
(WT/DSB/M/453), the Chai rman made a further short report regarding his consultations  on the 
DS574 dispute  with each interested party . Venezuela made a statement on this matter . Prior to the 
adoption of the  proposed Agenda of the  26 July 2021 DSB meeting (WT/DSB/M/454), the Chairm an 
made a further short report regarding his consultations  on the DS574 dispute  with each interested 
party.  Prior to the adoption of the  proposed Agenda of the  30 August 2021 DSB meeting 
(WT/DSB/M/455), the Chairman made a further short report regarding hi s consultations  on the 
DS574 dispute  with each interested party.  Prior to the adoption of the  proposed Agenda of the  
27 September 2021 DSB meeting (WT/DSB/M/456), the Chairman made a further short report 
regarding his consultations on the DS574 dispute  with each interested party.  
9.9.  At the DSB meeting held on 30  August  2021 (WT/DSB/M/455), Tunisia raised the issue  
regarding the Panel Report in the dispute on: "Morocco – Definitive Anti -Dumping Measures on 
School Exercise Books from Tunisia" (DS578). The following delegations made statements: Tunisia, 
the Russian Federation, Canada and Morocco.  At the DSB meeting he ld on 27 September  2021 
(WT/DSB/M/456), Morocco raised the issue  regarding the Panel Report in the dispute on: "Morocco 
– Definitive Anti -Dumping Measures on School Exercise Books from Tunisia" (DS578). The following 
delegations made statements: Morocco, T unisia, the European Union and the Russian Federation.  
9.10.  At the DSB meeting held on 27 September  2021 (WT/DSB/M/4 56), China made a statement 
regarding the Panel Report in the dispute on: "United States – Safeguard Measure on Imports of 
Crystalline Silicon Ph otovoltaic Products" (DS562 ). The following delegations made statements: 
China, the United States, the European Union and Canada.  
9.11.  At the DSB meeting held on 27 September  2021 (WT/DSB/M/4 56), Australia and Guatemala 
raised the issue of  the Twentieth Anniversary of the Advisory Centre on WTO Law ( ACWL ). 
The following delegations made statements: Guatemala; Australia; Tunisia ; Niger ; Sri Lanka ; 
Panama ; Chad, on behalf of the LDC Group ; the Philippines ; Cuba; Kenya ; Pakistan; Mauritius; 
Uruguay; Angola; Canada; Brazil; Colombia; Costa Rica; Peru;  Indonesia; El Salvador; Switzerland; 
Lesotho; Mexico; Thailand; Egypt; Bangladesh; the European Union; India; the United Kingdom; 
Mongolia; Ukraine; Nepal; Norway; Nigeria, on behalf of the African Group; Argentina and the 
Russian Federation. In the context of this Agenda item, the Chairman made some concluding 
remarks regarding the work of the ACWL.  
9.12.  At the DSB meeting held on 27 September  2021 (WT/DSB/M/4 56), China made a s tatement  
regarding the issue of due process in  the context of  panel composition s. 
10  CONCLUSION  
10.1.  This brief overview demonstrates that , during the period from 18 December  2020 through  
27 September  2021, the DSB was called upon to consider a variety of signific ant matters and took 
a number of important decisions . As set out in detail above, the DSB approved a total of  seven  new 
nominations proposed for inclusion on the Indicative List of Governmental and Non -Governmental 
Panelists . It established  seven  Panels in accordance with Article  6 of the DSU , and one matter was 
referred to  the compliance Panel , pursuant to Article  21.5 of the DSU . One request for DSB 
authorization to suspend concessions or other obligations had been referred to arbitratio n under 
Article 22.6 of the DSU . As part of its surveillance function, the DSB considered status reports on 
implement ation with regard t o six matters.  
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