WT/DS371/33  
 
27 February 2020  
(20-1490) Page: 1/2 
  Original: English  
 
THAILAND – CUSTOMS A ND FISCAL MEASURES O N CIGARETTES  
FROM THE PHILIPPINES  
COMMUNICATION FROM THAILAND  
The following communication, dated 26 February 2020 , was received from the delegation of Thailand  
with the request that it be circulated to the Dispute Settlement Body (DSB).  
 
_______________  
 
 
With reference to the Philippines ' request of 12 February 2020 for the authorization to suspend 
concessions or other obligations in the dispute Thailand – Customs Fiscal Measures on Cigarettes 
from the Philippines  (DS371)1, Thailand hereby requests  that the Philippines ' request be removed 
from the agenda for the meeting of the Dispute Settlement Body ( "DSB") on 28 February 2020.  The 
Philippines ' request is improper because (i) pursuant to the sequencing agreement between the 
parties in this dispute2, the Philippines undertook not to reques t authorization to suspend 
concessions or other obligations until the pending Article 21.5 panel and Appellate Body proceedings 
in this dispute have been completed; and (ii) to the extent that the Philippines seeks to ignore the 
sequencing agreement, the P hilippines ' request is made outside the timeframe mandated in 
Article  22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes  
("DSU"), under which any request for suspension of concessions must be authorized by the DSB 
"within 30 days of the expiry of the reasonable period of time ". As the reasonable period of time in 
this dispute expired on 15 May 2012, the deadline under Article 22.6 of the DSU for authorizing the 
suspension of concessions expired on 15 June 2012.  
Thailand c onsiders that the Philippines ' decision to disregard the rules of the DSU and the sequencing 
agreement, and instead to proceed unilaterally in making this request at this juncture, is highly 
improper and completely inconsistent with the Philippines ' commit ments under the rules -based, two -
tier multilateral dispute settlement system.  Moreover, endorsing the Philippines ' request would raise 
serious doubts about Members ' commitment to the two -tier system and the value of DSU rules, 
which would only further agg ravate the already delicate situation affecting the WTO dispute 
settlement system.  
Thailand regrets the current impasse regarding the Appellate Body. Thailand has actively 
participated in and supported efforts to resolve this situation and hopes that these  efforts will bear 
fruit as soon as possible. Pending any solutions to this situation that may be agreed by Members, 
however, the Philippines cannot be permitted simply to bypass the existing rights and obligations it 
has assumed under the DSU and its sequ encing agreement with Thailand. Thailand remains open to 
discuss means of resolving this situation "that will not affect the other aspects and steps agreed " 
between the parties.3  
 
1 Thailand – Customs Fiscal Measures on Cigarettes from the Philippines , Recourse to Article 22.2 of the 
DSU by the Philippines, WT/DS371/32, 14 February2020.  
2 Understanding between the Philippines and Thailand regarding procedures under articles 21 and 22 of 
the DSU, WT/DS371/16, 7 June 2012 ( hereinafter "sequencing agreement").  
3 Ibid, paragraph 12.  WT/DS371/33  
 
- 2 - 
 
  For these reasons, Thailand requests that the Philippines ' request to suspen d concessions or other 
obligations be removed from the agenda for the meeting of the DSB on 28 February 2020 .   
Thailand also requests that this communication be circulated to Members of the Dispute Settlement 
Body.   
 
__________