WT/DS495/9  
 
18 April 2018  
(18-2421) Page: 1/2 
  Original: English  
 
KOREA — IMPORT BANS, AND TES TING AND CERTIFICATI ON REQUIREMENTS  
FOR RADIONUCLIDES  
NOTIFICATION OF AN O THER APPEAL BY JAPAN  UNDER ARTICLE S 16.4 AND 17  
OF THE UNDERSTANDING  ON RULES AND PROCEDU RES GOVERNING  
THE SETTLEMENT OF DI SPUTES (DSU), AND UN DER RULE 2 3(1) OF  
THE WORKING PROCEDUR ES FOR APPELLATE REV IEW 
The following communication, dated 16 April 2018, from the delegation of Japan , is being 
circulated to Members.  
 
_______________  
 
Pursuant to Articles 16.4 and 17.1 of the DSU, Japan hereby notifie s to the Dispute Settlement 
Body its decision to appeal to the Appellate Body certain issues of law covered in the Panel Report 
and certain legal interpretations developed by the Panel in the dispute Korea — Import Bans, and 
Testing and Certification Requi rements for Radionuclides  (WT/DS495). Pursuant to Rule 23(1) of 
the Working Procedures for Appellate Review,  Japan simultaneously files this Notice of Other 
Appeal with the Appellate Body Secretariat.  
Pursuant to Rule 23(2)(c)(ii)(C) of the Working Procedu res for Appellate Review , this Notice of 
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged 
errors, without prejudice to Japan 's ability to refer to other paragraphs of the Panel Report in the 
context of its app eal.  
For the reasons to be further elaborated in its submissions to the Appellate Body, Japan appeals, 
and requests the Appellate Body to reverse, modify or declare moot and of no legal effect, the 
findings, conclusions and recommendations of the Panel, w ith respect to the following errors of law 
and legal interpretations contained in the Panel Report:  
1. The Panel erred in the interpretation and application of Articles 3.3, 3.4, 3.7 and 11 of the 
DSU, by disregarding timely -submitted evidence relating to th e situation after the date of 
establishment of the Panel, when assessing whether Japan had made a prima facie  case that 
Korea 's additional testing requirements and import bans were being maintained inconsistently with 
Articles 2.3 and 5.6 of the SPS Agreem ent.1  
2. The Panel erred in the application of Articles 2.3 and 5.6 of the SPS Agreement, by 
disregarding timely -submitted evidence relating to the situation after the date of establishment of 
the Panel, when assessing whether Japan had made a prima facie  case that Korea 's additional 
testing requirements and import bans were being maintained incon sistently with Articles 2.3 
and 5.6 of the SPS Agreement.2 
3. Should the Appellate Body, as a result of its consideration of the grounds for appeal 
addressed in paragra phs 1 and 2, consider that the Panel 's errors in defining the temporal scope of 
its assessment of Japan 's prima facie  case vitiate the Panel 's ultimate findings under Articles 2.3 
and 5.6 of the SPS Agre ement, Japan requests that the Appellate Body complete the analysis, and 
find that, in light of all timely -submitted evidence, including relating to the situation after the date 
                                                
1 Panel Report, paras. 7.134 -7.143.  
2 Panel Report, paras. 7.134 -7.143.  WT/DS495/9  
 
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  of establishment of the Panel, Korea 's additional testing requirements and imp ort bans are 
maintained inconsistently with Articles 2.3 and 5.6 of the SPS Agreement.3  
4. The Panel erred in the interpretation and application of Annex C(1)(a) of the 
SPS Agreement, when it articulated the conditions under which domestic and imported produ cts 
may be presumed to be "like" under Annex C(1)(a);4 when it found that likeness could not be 
presumed for purposes of Japan 's claim under Annex C(1)(a);5 and when it found, therefore, that 
Japan had failed to establish that Korea acted inconsistently wi th Annex C(1)(a) and, as a 
consequence, with Article 8 of the SPS Agreement .6 
__________  
                                                
3 Panel Report, paras. 7.113 -7.256, 7.257 -7.360,  8.2(b), (c) and (e), and 8.3(b).  
4 Panel Report, paras. 7.394 -7.403.  
5 Panel Report, paras. 7.394 -7.403.  
6 Panel Report, paras. 7.409, 7.447, and 8.4.