WT/DS444/16  
WT/DS445/17  
 
9 December 2014  
(14-7170)  Page: 1/2  
  Original: English  
 
 ARGENTINA – MEASURES AFFECTIN G THE IMPORTATION OF GOODS 
JOINT COMMUNICATION FROM ARGENTINA, JAPAN AND THE UNITED STATES 
The following communication, dated 5 December 2014, from the delegations of Argentina, Japan 
and the United States to the Presiding Member of the Appellate Body Division in these disputes, is 
circulated at the request of those delegations.  
_______________ 
  Argentina, the United States, and Japan ("the parties") are in receipt of a 20 November 2014 
communication from the Appellate Body to the Chai r of the Dispute Settlement Body ("DSB").  In 
that communication, the Appellate Body states that it will not be able to issue its reports in the above-referenced appeals within 60 days.  The communication also indicates that the Appellate 
Body expects that it will not be able to circulate its reports within the 90-day time limit set out in 
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes  
("DSU") and sets out certain reasons why this is the case. The communication states that the 
Appellate Body instead expects to circulate its reports by Thursday, 15 January 2015.   
 The parties note that the Division hearing this appeal did not consult with them on its need to exceed the 90-day time limit.  We regret this lack of consultation given the prior practice of 
Members and the Appellate Body until 2011, in which the Appellate Body consulted with the 
parties and obtained their agreement before circul ating reports after the deadline provided for in 
the DSU.
1  
 
If the parties had been consulted, we would have been willing to positively consider a communication from the Division of its need for additional time.  In this regard, we note that 
Members continue to demonstrate their willingness to cooperate with the Appellate Body in 
relation to any need for additional time.
2  
                                               
1 See, e.g. , Appellate Body Reports, US – Continued Suspension & Canada – Continued Suspension , 
para. 29 (" After consultation  with the Appellate Body Secretariat, Canada, the European Communities, and the 
United States each agreed  that it would not be possible for the Appe llate Body to circulate its Reports in these 
appeals within the 90-day time-limit referred to in Article 17.5 of the DSU. Canada, the European 
Communities, and the United States agreed  that additional time was needed . . . . ") (italics added; footnote 
omitted); Appellate Body Report, US – Upland Cotton: Recourse to Article 21.5 of the DSU by Brazil , para. 14 
("After consultation  with the Appellate Body Secretariat, Brazil and the United States agreed , in a joint letter 
dated 19 March 2008, that it would not be possible for the Appellate Body to circulate its Report in this appeal within the 90-day time-limit referred to in Article 17.5 of the DSU.") (italics added); Appellate Body Reports, 
EC − Export Subsidies on Sugar (Australia) & EC − Export Subsidies on Sugar (Brazil) & EC − Export Subsidies 
on Sugar (Thailand) , para. 7 (" After consultation  with the Appellate Body Secretariat, the European 
Communities and Australia, Brazil, and Thailand agreed , in letters filed on 19 January 2005, that it would not 
be possible for the Appellate Body to circulate its Report  in this appeal within the 90-day time limit referred to 
in Article 17.5 of the DSU.") (ita lics added); Appell ate Body Report, US –Upland Cotton , para. 8 (" After 
consultation  with the Appellate Body Secretariat, Brazil and the United States noted , in letters filed on 10 
December 2004, that it would not be possible for the Appellate Body to circulate its Report in this appeal within the 90-day time limit referred to in Article 17.5 of the DSU.  Brazil and the Unit ed States agreed  that additional 
time was needed . . . .") (italics added).   
2 See, e.g. , Joint Communication from the United States and India, US – Carbon Steel (India)  
(WT/DS436/9) (6 November 2014); Joint Communication from Canada and the United States, US – COOL  
(WT/DS384/17 and Corr. 1) (3 July 2012); Joint Communication from Mexico and the United States, US – 
COOL  (WT/DS386/16 and Corr. 1) (3 July 2012); Joint Communication from the United States and Mexico, US 
– Tuna II (Mexico)  (WT/DS381/13) (19 April 2012); Joint Communication from the United States and China, WT/DS444/16 • WT/DS445/17 
 
- 2 - 
 
   
The parties hereby confirm that they will consider  Appellate Body reports circulated no later than 
15 January 2015 to be Appellate Body reports circulated pursuant to Article 17.5 of the DSU.  
 
  
 
  
(Signed) 
Enrique Ferrer Vieyra 
Minister 
Permanent Mission 
of Argentina  
  
(Signed) 
Hiroshi Ogihara 
First Secretary 
Permanent Mission 
of Japan 
  
  
(Signed) 
Clete Willems 
Legal Advisor 
Permanent Mission of 
the United States 
 
 
 
__________  
                                                                                                                                               
China – Raw Materials  (WT/DS394/14) (13 January 2012); Communication from the United States and China, 
US –Anti-Dumping and Countervailing Duties (China)  (WT/DS379/7) (8 February 2011).