WT/DS449/15  
 
25 August 2015  
(15-4278)  Page: 1/3  
  Original: English  
 
 UNITED STATES – COUNTERVAILING AND ANTI-DUMPING MEASURES 
ON CERTAIN PRODUCTS FROM CHINA 
UNDERSTANDING BETWEEN CHINA AND THE UNITED STATES  
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
The following communication, dated 21 August 2015, from the delegation of China and the 
delegation of the United States to the Chairperso n of the Dispute Settlement Body, is circulated at 
the request of these delegations. 
  
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 The United States and China would like to info rm the Dispute Settlement Body of the attached 
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between 
the United States and China with respect to the dispute United States — Countervailing and Anti-
dumping Measures on Certain Products from China  (WT/DS449). 
 
We request that you please circulate the atta ched agreement to the Members of the Dispute 
Settlement Body.   
 
  
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  WT/DS449/15 
 
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Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
United States — Countervailing and Anti-dumping Measures on Certain Products from China  
 (WT/DS449) 
The Dispute Settlement Body ("DSB") adopted it s recommendations and rulings in the dispute  
United States — Countervailing and Anti-dumping Measures on Certain Products from China (WT/DS449) on 22 July 2014. 
Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), the People's Repub lic of China ("China") and the United States of 
America ("United States") agreed that the reasonable period of time for the United States to implement the recommendations and rulings of the DSB in this dispute would be 12 months, 
expiring on 22 July 2015 (WT/DS449/13).  Subsequently, China and United States (collectively, 
"the Parties") mutually agreed to modify the previously notified reasonable period of time for implementation so that it would expire on August 5, 2015 (WT/DS449/14).   
The Parties have agreed on the following procedures for the exclusive 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 China consider that the situation described in Article 21.5 of the DSU exists, 
China will request that the United States enter into consultations with China. The Parties agree to hold such consultations within 15 days from the date of receipt of the request.  After this 15-day period has elapsed, China may request the establishment of a panel 
pursuant to Article 21.5 of the DSU at any time. 
2. At the first DSB meeting at which China's request for the establishment of an 
Article 21.5 panel appears on the agenda, the United States shall accept the 
establishment of that panel. 
3. The Parties shall cooperate to enable the 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 Article 12.12 of the DSU. 
4. Either Party may request the DSB to adopt the report of the Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report to the Members unless either Party appeals the report.  
5. In the event of an appeal of the 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 DS B.  Further, either Party may request the DSB 
to adopt the reports of the Appellate Body an d of the Article 21.5 panel (as modified by 
the Appellate Body report) at a DSB meeting held within 30 days of the circulation of the Appellate Body report to the Members.  
6. In the event that the DSB, following a proceeding under Article 21.5 of the DSU, rules 
that a measure taken to comply does not exist or is inconsistent with a covered agreement, China may request authorization to suspend concessions or other obligations pursuant to Article 22.2 of the DSU. The United States shall not assert that China is 
precluded from obtaining such DSB authorization on the grounds that the request was 
made outside the 30-day time-period specified in Article 22.6 of the DSU.  This is without prejudice to the right of the United States to have the matter referred to 
arbitration in accordance with Article 22.6 of the DSU. 
7. If China requests authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, the United States shall have the right to object under 
Article 22.6 of the DSU to the level of susp ension of concessions or other obligations 
and/or claim that the principles and procedures set forth in Article 22.3 of the DSU have WT/DS449/15 
 
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  not been followed, and the matter will be referred to arbitration pursuant to Article 22.6 
of the DSU.   
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its decision within 60 days of the referral to arbitration.  
9. If any of the original panelists is not available for either the Article 21.5 compliance 
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 objectio n 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 pr ocedures, they will endeavor 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 to protect its righ ts and interests, including recourse to the 
DSU.  
 
Signed in Geneva, 21 August 2015.  
For the People's Republic of China For the United States of America 
  
 
  
(Signed) 
Mr. CHEN Runyun 
Chargé d'affaires, a.i. 
Permanent Mission of 
the People's Republic of China 
  
 
 
  
(Signed) 
Mr. David Bisbee 
Chargé d'affaires, a.i. 
Permanent Mission of 
the United States of America 
 
 
 
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