WT/DS371/40  
 
3 August 2020  
(20-5367) Page: 1/2 
  Original: English  
 
THAILAND – CUSTOMS AND FISCAL MEASURES ON CIGARETTES  
FROM THE PHILIPPINES  
COMMUNICATION FROM THE PHILIPPINES  
The following communication, dated 30 July 2020 , was received from the delegation of 
the Philippines  with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
_______________  
 
 
The Philippines sets forth below the content of its intervention at the DSB meeting held on 
29 July 2020 regarding Item 12 of the agenda, Thailand – Customs and Fiscal Measures on 
Cigarett es from the Philippines,  particularly the Philippines ' Recourse to Article 22.2 of the DSU 
(WT/DS371/32).  
 
1. Thank you, Mr. Chairman. At the outset, allow me to thank you for your time and effort in 
holding, since our last DSB meeting, three virtual meetings  as part of Chair -led efforts to 
assist the Philippines and Thailand resolve these important and urgent concerns that have 
systemic implications to the rights of Members, under the Dispute Settlement Understanding 
(DSU).  
 
2. At our 3rd meeting last 24th of July, and further to our 9 March letter, the Philippines presented 
legal examples and a range of constructive options that could fill the void that has resulted 
from the AB 's formal letter advice of 10 December 2019 of their cessation  of operations. A 
copy of [this letter is annexed for reference, along with] a non -exhaustive list of various 
alternative arrangements that WTO Members have utilized in the past, both recent and not so 
recent.  
 
3. Thailand has not, as of yet, responded to the  ideas contained in our letter of 09 March 2020, 
and we understand from the 24 July meeting, that Thailand is still reviewing our 24 July and 
9 March letters on potential ways forward.  
 
4. While the Philippines has always been open to a constructive solution  to the issue at hand, 
the Philippines has been consistent in asserting that it is fully within its rights to seek Recourse 
under Article 22.2 of the DSU.  
 
5. Mr. Chairman, the provisions of Article 22.6 of the DSU are clear:  
 
• "The DSB, upon request, shall  grant authorization to suspend concessions or other 
obligations  . . .  unless the DSB decides by consensus to reject the request "; and  
 
• "If the Member concerned objects to the level of suspension proposed, […] the matter 
shall  be referred to arbitration ". 
 
6. Therefore, there are only two (2) options under the reverse -consensus rule of DSU 
Article  22.6: (1) the DSB granting authorization to suspend concessions, or (2) the DSB 
referring the matter to arbitration.  
 
7. At this meeting of the DSB, the Philippines asks  once again that the DSB grant the Philippines 
the authority it seeks.  WT/DS371/40  
 
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8. Thank you, Mr. Chairman.  
 
 
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NON-EXHAUSTIVE EXAMPLES:  
ALTERNATIVE ARRANGEMENTS IN WTO DISPUTE SETTLEMENT  
 
Tab 
No. Date  Description  
1 10 December 2020  Appellate Body letter  to Parties with pending appeals, in which 
the Division has decided to suspend its work  
2 03 August 2001  Article 25 Agreement  
US – Section 110(5) Copyright Act  
Document WT/DS160/15  
3 16 October 2002  Request for Mediation  
By Philippines, Thailand, & European Communities  
Document WT/GC/66  
4 27 March 2019  Non-Appeal Understanding  
Indonesia – Safeguard on Certain Iron or Steel products  
Document WT/DS496/14  
5 25 July 2019  Article 25 Agreement   
Between EU & Canada  
(No official WTO number)  
6 21 October 2019  Article 25 Agreement  
Between EU & Norway  
(No official WTO number)  
7 04 December 2019  Decision to Withdraw Appeal  
Morocco – Anti-Dumping Measures on Certain Hot -Rolled Steel 
from Turkey  
Document WT/DS513/7  
8 10 February 2020  Non-Appeal Understanding  
US – Antidumping Measures on Certain Oil Country Tubular 
Goods from Korea  
Document WT/DS488/16  
9 03 June 2020  Advance Agreement on Recourse to Article 25  
(Plurilateral)  
Canada – Commercial Aircraft  
Document WT/DS522 /20 
10 29 June 2020  Recourse to Article 22.6 of the DSU  
United States – Countervailing Measures on Supercalendered 
Paper from Canada  
Document WT/DS505/14  
11 15 July 2020  Advance Agreement on Recourse to Article 25  
(Plurilateral)  
Colombia – Anti-Dumping Duties on Frozen Fries from Belgium, 
Germany, and the Netherlands  
Document WT/DS591/3  
 
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