WT/DS483/8  
 
4  May 2018  
(18-2750) Page: 1/3 
  Original: English  
 
 
CHINA – ANTI -DUMPING MEASURES ON IMPORTS OF CELLULOSE  PULP  
FROM CANADA  
UNDERSTANDING BETWEE N CHINA  AND CANADA  
REGARDING PROCEDURES  UNDER ARTICLES 21 AN D 22 OF THE DSU  
The following communication, dated 2 May 2018, from the delegation of China and the delegation 
of Canada to the Chairperson of the Dispute Settlement Body, is circulated at the request of these 
delegations.  
 
_______________  
 
 
The People's Republic  of China and  Canada would like  to inform  the Dispute  Settlement  Body 
of the attached "Agreed  Procedures under Articles 21 and 22 of the Dispute Settlement 
Understanding" in the context of the China – Anti-Dumping Measures on Imports of Cellulose Pulp 
(DS483) dispute.   
 
We respectfully request that you circulate the attached agreement to Members of the 
Dispute Settlement Body.  
 
 
 
 
 
  
 
 
 
 
  WT/DS483/8  
 
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Agreed Procedures under Articles 21 and 22  of the Dispute Settlement Understanding  
 
China – Anti-Dumping Measures on Imports of Cellulose Pulp (WT/DS483)  
 
The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the China – 
Anti-Dumping Measures on Imports of Cellulose Pulp (WT/DS483)  dispute on 22 May 2017.  
 
On 1 Ju ne 2017, the People 's Republic of China (China) and Canada informed the DSB that, 
pursuant to DSU Article 21.3(b), they had agreed that the reasonable period of time for China to 
implement the DSB  recommendations and rulings would be 11 months from the date of the 
adoption of the Panel report (WT/483/6). The reasonable period of time expire d on 22 April 2018.  
 
Canada and China (the "Parties ") have agreed on the following procedures for the exclusi ve 
purposes of this dispute. They are designed to facilitate the resolution of the dispute and reduce 
the scope for procedural disputes and are without prejudice to either Party 's views on the correct 
interpretation of the DSU:  
 
1. Should Canada consider that the situation described in Article 21.5 of the DSU exists,  
Canada will request that China enter into consultations with Canada . The Parties agree to 
hold such consultations within 15 days from the date of receip t of the request.  After this 
15-day period has elapsed,  Canada may request the establishment of a panel pursuant t o 
DSU Article 21.5 at any time.  
 
2. At the first DSB meeting at which Canada's request for the establishment of an Article 21.5 
panel appears on the agenda, Ch ina shall accept the establishment of that panel .  
 
3. The Parties shall cooperate to enable the DSU Article 21.5  panel to circulate its report within 
90 days of the panel 's establishment , excluding such time during which  the panel 's work 
may be suspended pursuant to DSU Article 12.12.  
 
4. Either Party may request the DSB to adopt the report of the DSU Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report to Members unless either 
Party appeals the report to the Appell ate Body.  
 
5. In the event of an appeal of the DSU Article 21.5  panel report, the Parties shall cooperate to 
enable the Appellate Body to circulate its report to the Members within 90 days from the 
date of notification of the appeal to the DSB.  Further, either Party may request the DSB to 
adopt the reports of the Appellate Body and of the DSU Article 21.5 panel (as modified or 
upheld by the Appellate Body report) at a DSB meeting held within 30 days of the circulation 
of the Appellate Body repor t to Members.  
 
6. In the event that the DSB , following a proceeding under DSU Article 21.5,  rules that a 
measure taken to comply does not exist or is inconsistent with a covered agreement, 
Canada may request authorization to suspend  the application of conc essions or other 
obligations under the covered agreements to China pursuant to DSU Article 22 .2. China  shall 
not assert that Canada  is precluded from obtaining such DSB authorization on the ground  
that the request was made outside the 30 -day time -period sp ecified in DSU Article 22.6 .  
This is without prejudice to the right  of China to have the matter referred to arbitration in 
accordance with DSU Article 22.6.  
 
7. If Canada  requests authorization to suspend the application of concessions or other 
obligation s under the covered agreements to China pursuant to DSU Article 22 .2, China may  
object  under DSU Article  22.6 to the level of suspension of concessions or other obligations 
and/or claim  that the principles and procedures set forth in DSU Article 22.3 have not been 
followed. In the event of such an objection, the matter will be referred to arbitration 
pursuant to DSU Article 22.6.  
 
8. The Parties will cooperate to enable the arbitrator under DSU Article 22.6 to circulate its 
decision  within 60 days of the re ferral to arbitration.  
 WT/DS483/8  
 
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  9. If any of the original panelists is not available for either the DSU Article  21.5 panel or the 
Article 22.6 arbitration  (or both ), the Parties will promptly consult on a replacement, and 
either Party may request the Director -General of the WTO to appoint, within ten days of 
being so requested , a replacement for the proceeding or proceedings in which a replacement 
is required. If an original panelist is unavailable to serve in either of  the proceedings , the 
Parties will  further  request that , in making this appointment , the Director -General seek a 
person who will be available to act in both proceedings.  
 
10. The Parties will continue to cooperate in all matters related to these agreed procedures and 
agree not to raise any procedural objection to any of the steps set out herein. If, during the 
application of these procedures, the Parties consider that a procedural aspect has not been 
properly addressed  in these procedures , they will endeavour to find a solution within the 
shortest time possible that will not affect the other aspects and steps agreed herein . 
 
11. These agreed procedures in no way prejudice other rights of either Party to take any action 
or procedural step t o protect its rights and interests, including recourse to the DSU.  
 
Signed in Geneva, 2 May 2018  
 
For the People 's Republic of China  
 
 
 
 
 
(Signed)  
H.E. Mr. ZHANG Xiangchen   
Ambassador  
Permanent Mission of  
the People 's Republic of China  For Canada  
 
 
 
 
 
(Signed)  
H.E. Mr. Stephen DE BOER  
Ambassador  
Permanent Mission of  
Canada  
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