WT/DSB/74  
 
10 Novem ber 2017 
(17-6108) Page: 1/14 
   
 
DISPUTE SETTLEMENT B ODY 
ANNUAL REPORT (201 7) 
The Report was prepared pursuant to the Procedures for an Annual Overview of WTO Activities and 
for Reporting under the WTO (WT/L/105), and sets out the actions taken by the Dispute 
Settlement Body (DSB) in the period since its previous Annual Report.1 
 
In carrying out its tasks, the DSB held 16 meetings since the period covered by the previous 
Report. The minutes of these meetings, which remain the record of the DSB's work, are co ntained 
in documents WT/DSB/M/38 8 – WT/DSB/M/ 4032 and should be read in conjunction with this 
Report.  
 
The following matters are included in this Report:  
Table of Contents  
1   ELECTION OF CHAIRPER SON ................................ ................................ .......................  2 
2   APPOINTMENT OF APPEL LATE BODY MEMBERS  ................................ ...........................  2 
3   INDICATIVE LIST OF G OVERNMENTAL AND NON -GOVERNMENTAL PANELIS TS ...........  6 
4   ADOPTION OF THE 2017  DRAFT ANNUAL REPORT OF THE DSB  ................................ ... 6 
5   ESTABLISHMENT OF PAN ELS AND REQUESTS FOR  ESTABLISHMENT OF 
PANELS  ................................ ................................ ................................ ............................  6 
6   ADOPTION OF APPELLAT E BODY/PANEL REPORTS  ................................ .....................  9 
7   STATEMENTS OF INTENT IONS IN RESPECT OF I MPLEMENTATION PURSUA NT 
TO ARTICLE  21.3 OF THE DSU  ................................ ................................ ........................  10 
8   STATUS REPORTS ON PR OGRESS IN THE IMPLEM ENTATION OF THE 
RECOMMENDATIONS ADOP TED BY THE DSB  ................................ ................................ .. 10 
9   MATTERS RAISED BY ME MBERS PURSUANT TO AR TICLE  21.6 O F THE DSU 
(SURVEILLANCE AND IM PLEMENTATION)  ................................ ................................ ...... 11 
10   RECOURSE TO ARTICLE  21.5 OF THE DSU (COM PLIANCE PANEL)  ............................  12 
11   RECOURSE TO A RTICLE  22 OF THE DSU (COMPE NSATION AND SUSPENSI ON 
OF CONCESSIONS)  ................................ ................................ ................................ .........  13 
12   OTHER MATTERS  ................................ ................................ ................................ ..... 13 
13   CONCLUSION ................................ ................................ ................................ ...........  14 
 
                                                
1 WT/DSB/71.  
2 This report includes activities that took place during meetings of the DSB from 8  November  2016 
through 23 October  2017. WT/DSB/74  
 
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1  ELECTION OF CHAIRPER SON 
1.1.   At its meeting on 21  March  2017, the DSB elected by acclamation H.E. Mr. Junichi Ihara  
(Japan ) as C hairman of the DSB (WT/DSB/M/394 ). 
2  APPOINTMENT  OF APPELLATE BODY ME MBERS  
2.1.  Regarding the appointment s of two Appella te Body members:  
 At the DSB meeting on 23  November  2016 (WT/DSB/M/389), in accordance with the 
recommendations of the Selection Committee, which was circulated to delegations on 
3 November  2016, the DSB agreed to appoint Ms. Zhao Hong (China) and Mr. Hyun Chong 
Kim (Korea) as members of the Appellate Body for four -year terms, respectively, beginning 
on 1  December  2016.  The following delegations made statements:  Korea, China,  the 
United  States, Canada, Mexico, Australia, Brazil, the Kingdom of Saudi  Arabia, Argentina, 
India, Singapore, Montenegro, Pakistan, Viet  Nam, Hong  Kong,  China; Indonesia, Moldova, 
New Zealand, the  Bolivarian  Republic  of Venezuela, the  Russian  Federation and the  
European  Union.  
2.2.  Regarding the selection  process es to appoint  new Appellate Body members:  
 At the DSB meeting on 16 December 2016 (WT/DSB/M/390), the Chairman noted that the 
second four -year term of Mr. Ricardo Ramírez Hernández would expire on 30 June 2017. He 
further stated that the second four -year term of Mr. Peter Van den Boss che would expire on 
11 December  2017. Therefore, the DSB would have to decide on the appointments of two 
new Appellate Body members to replace them. It was therefore the Chairman's intention to 
circulate a draft decision in early 2017 in this regard. The r epresentative of Turkey made a 
statement under this Agenda item (WT/DSB/M/390).  
 At the 25  January  2017 DSB meeting , the Chairman  noted that the second four -year term of 
Mr. Ricardo Ramírez Hernández would expire on 30  June 2017, and the second four -year 
term of Mr. Peter Van den Bossche would expire on 11  December  2017. Pursuant to 
Article  17.2 of the DSU , they were not eligible for reappointment and the DSB would have to 
initiate work to appoint two new Appellate Body members. It was therefore the Chairman 's 
intention to outline two possible approaches for a new selection process to fill these two 
upcoming vacancies on the Appellate Body, on which he would consult with Members. One 
approach would be for each vacancy to be subject to its own selection proces s, conducted in 
due time, to select the new Appellate Body member before the expiry of the relevant second 
four-year term. A second approach – and one that had been taken in similar situations in the 
past – would be to conduct one selection process for bot h positions, at the same time, with 
a view to completing the process by the end of  June 2017.  In that  approach, the Selection 
Committee would make recommendations for filling one position as of 1  July 2017 and the 
other as of 12  December  2017. Such a singl e approach, in the past, had consisted of the 
following elements: (i) to launch one selection process for the two vacant positions in the 
Appellate Body; (ii) to establish a Selection Committee composed of the Director -General 
and the 2017  Chairpersons of the General  Council, the Goods Council, the Services Council, 
the TRIPS Council and the DSB, to be chaired by the DSB Chair; (iii) to set a deadline for 
Members to submit nominations of candidates; and (iv) to request the Selection Committee 
to carry out i ts work and make  recommendation s to the DSB so that the DSB could take a 
decision to appoint two new Appellate Body members prior to the expiry of the first expiring 
four-year term in order to ensure that there was continuity in the work of the Appellate 
Body. The Chairman  said that he intended to consult with Members on these approaches  
with respect to the two vacant  positions (WT/DSB/M/391) . 
 At the 20  February  2017 DSB meeting,  the Chairman made a statement on his consultations 
with delegations  on the alt ernative approaches regarding the selection process that he had 
mentioned at the January meeting.  He said that s everal delegations had supported one 
single selection process to fill both positions at the same time, and to complete the process WT/DSB/74  
 
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  by the end of  June 2017. In their view one selection process was more efficient and would 
take into account the fact that delegations would be deep in preparations for MC11 in the 
second half of  2017. However, two delegations had expressed a preference for undertaking 
two independent processes. One delegation had suggested that, at this point, the DSB could 
initiate a first selection process to fill the vacancy that would expire in June  2017 and that 
more time should be given to decide on when to launch a second process  to fill the second 
vacancy. It was however the Chairman's understanding that those delegations supporting 
one single selection process would only agree to two independent processes if the work on 
both could be completed before the summer break. Since ther e was no agreement on this 
matter, it was the Chairman's intention to continue to consult with delegations. The 
Chairman  said that he would aim to be in a position to submit a proposal that was agreeable 
to all Members on the procedural steps and timing fo r the Appellate Body appointments at 
the regular DSB meeting to be held in March . The following delegations made statements on 
this matter: Peru, the  European  Union, Brazil and Argentina  (WT/DSB/M/392) . 
 At the 21 March  2017 DSB meeting, the Chairman recall ed his statement made at the 
February DSB meeting regarding his consultations on  the Appellate Body  selection 
processes.  He said that  he had consulted with several delegations on these matters but, 
unfortunately, it had not been possible to come to an agre ement on the way forward. 
Therefore, the Chairman's consultations would have to continue. In this regard, he said that 
he had already briefed his successor who would be taking over the Chairmanship of the DSB 
and who would continue the process of consultat ions in order to find a way forward . The 
following delegations made statements on this matter: Australia, the  European  Union, Chile, 
Guatemala, New  Zealand, Peru, Brazil, Korea, Mexico, Argentina, China, India and the  
United  States (WT/DSB/M/394).  
 At the 1 9 April 2017 DSB meeting, the Chairman made a statement regarding  the Appellate 
Body selection processes. He said that a fter taking over the Chairmanship of the DSB, he 
had continued the process of consultations in order to find a way forward. He said that  these 
consultations would continue with a view to finding a solution as soon as possible. He also 
said that he was aware of the fact that the first position in the Appellate Body, currently held 
by Mr.  Ramírez, would become vacant as of 1  July 2017. In  view of the Appellate Body's 
increased workload, every avenue should be explored to ensure its good functioning. The 
Chairman therefore invited delegations with views on this matter to contact him  directly or 
the Secretariat.  On his part,  he said that  he wou ld continue to consult with delegations in 
order to  submit a proposal regarding the Appellate Body appointments as soon as possible.  
The following delegations made statements on this matter: Mexico (speaking on behalf of 
Argentina, Brazil, Colombia, Chile,  Guatemala, Mexico and Peru) , the  European  Union, 
Canada, Australia, India, New  Zealand, China, the  United  States and the  Russian  Federation  
(WT/DSB/M/396) . 
 At the 22  May 2017 DSB meeting, the European  Union presented its proposal regarding the 
Appellate B ody selection process es contained in document WT/DSB/W/597. No  consensus 
was reached on the European Union's proposal.  The following delegations made statements: 
the European  Union and the United States. Subsequently, under the next Agenda item , 
Mexico,  speaking on behalf of Argentina, Brazil, Colombia, Chile, Guatemala, Mexico and 
Peru, introduced  a proposal regarding the Appellate Body selection process contained in 
document WT/DSB/W/596. No consensus was reached on their proposal.  The following 
delegatio ns made statements: Mexico (speaking on behalf of Argentina, Brazil, Colombia, 
Chile, Guatemala, Mexico and Peru),  the European Union,  China, India, Japan, Australia, 
New Zealand, Norway, Hong Kong, China; Korea, Switzerland, Canada, Chinese  Taipei, 
Ecuado r, Singapore, Viet  Nam and the  Russian Federation. The Chairman said that he 
regretted that Members were not in a posi tion to reach a consensus on the se matter s at the 
present meeting. He underlined that, in the view of the increased AB workload, it was 
important to start the Appellate Body selection process, or processes, as soon as possible. 
He would continue to consult with delegations on this matter and would be ready to do 
whatever was necessary to find a solution that w as agreeable to all delegations  
(WT/DSB/M/397).  
 At the 19  June 2017 DSB meeting, the European  Union introduce d its revised proposal 
regarding the Appellate Body selection process es contained in document WT/DSB/74  
 
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  WT/DSB/W/597/Rev.1. No consensus was reached on the  European  Union's proposal. The 
European  Union, the United States and Israel made statements. Subsequently, under  the 
next Agenda item, Mexico, speaking on behalf of Argentina, Brazil, Colombia, Chile, 
Guatemala, Mexico and Peru, introduced a revised proposal regarding the Appellate Body 
selection process contained in document WT/DSB/W/596/Rev.1. No consensus was reached 
on their proposal. Statements were made by the following delegations: Mexico (speaking on 
behalf of Argentina, Brazil, Colombia, Chile, Guatemala, Mexico and Peru), the 
European  Union, Pakistan, Turkey, Ecuador, El Salvador, Korea, Egypt, Canada, Panama, 
Australia, China, Japan, Honduras, Paraguay, Hong, Kong, China; India, Singapore, 
Chinese  Taipei, Viet Nam, Switzerland, the Russian Federation, New Zealand, Costa  Rica, 
Indonesia, Norway, Guatemala and Chile. The Chairman regretted  that Members were not in 
a position to agree to start the process or processes on the appointment of the Appellate 
Body members. The Chairman said that he had consulted with several delegations an d had 
presented some concrete ideas to move the matter forward but none of these had gained 
consensus among the Members consulted. He recalled that the first vacancy on the 
Appellate Body would become vacant as of 1  July 2017 and noted that Article  17.2 of  the 
DSU stated that "[v]acancies shall be filled as they arise". The Chairman emphasized that, 
considering the time necessary to go through the selection process properly, it was time to 
start the selection process to fill the second vacancy. He urged all  Members to show more 
flexibility and to get the necessary instructions in order to launch the process or  processes 
as soon as possible ( WT/DSB/M/398) . 
 At the 20  July 2017 DSB m eeting, the European  Union introduced its revised proposal 
regarding the Appell ate Body selecti on processes  (WT/DSB/W/597/Rev.2). No  consensus 
was reached on the  European  Union's proposal.  The European Union and the United  States 
made statements. Subsequently,  under the next Agenda item, Mexico, speaking on behalf of 
Argentina, Brazi l, Colombia, Chile, Guatemala, Mexico and Peru, introduced a revised 
proposal regarding the Appellate Body selecti on process (WT/DSB/W/596/Rev.2). No  
consensus was reached on their proposal. The following delegations made statements on 
this matter: Mexico (speaking on behalf of Argentina, Brazil, Colombia, Chile, Guatemala, 
Mexico and Peru ), the European Union,  Australia, Singapore, Canada, Japan, China, 
Chinese  Taipei, the  Russian  Federation, Ecuador, New  Zealand, Norway, the  United  States, 
Turkey, Indones ia, Korea, the  Bolivarian  Republic  of Venezuela and Hong Kong, China.  The 
Chairman noted that the DSB was not in a position to agree on either of the proposals at the 
present meeting. He recalled  that one position on the Appellate Body had been vacant sinc e 
1 July 2017 and that it was time to begin the process to fill the second vacancy that would 
arise in 2017. He said that t he Appellate Body was facing a heavy workload and thus it was 
urgent that the DSB agree to start the Appellate Body selection process . The Chairman said 
that, in his consultations,  he detected that delegations did not have the flexibility and 
necessary instructions from capitals. He urged delegations to get the instructions to launch 
the process or  processes as soon as possible  (WT/DSB/ M/399) . 
 At the 31  August  2017 DSB m eeting , the Chairman made a statement regarding two issues. 
First, he informed delegations that on 1  August  2017, the Chairman of the Appellate Body 
had informed him of the resignation of Mr. Hyun Chong Kim, which had bee n made with 
immediate effect. Mr. Kim's resignation letter had been circulated to all delegations in 
document WT/DSB/73. The Chairman noted that Mr. Kim had been appointed as Trade 
Minister in the Korean Government on 4  August  2017. This had created an unp recedented 
legal situation. Rule  14 of the Working Procedures for Appellate Review provided that the 
resignation shall take  effect 90  days after the notification had been made unless the DSB, in 
consultation with the Appellate Body, decided otherwise. At t he same time, Article  17.3 of 
the DSU stipulated that Appellate Body members : "shall be unaffiliated with any 
government". Mr. Kim had been appointed as Trade Minister only three days after tendering 
his resignation. Therefore, pursuant to Article  17.3 of the DSU, he could not remain a 
member of the Appellate Body as of 4  August  2017. Thus his decision to tender his 
resignation with immediate effect was consistent with Article  17.3 of the DSU. The Chairman 
noted that this had also created an immediate vacan cy on the Appellate Body. He recalled 
that Mr. Kim had been appointed by the DSB as of 1  December  2016 for a four -year term. 
This meant that, in accordance with Article  17.2 of the DSU, a person appointed to replace 
Mr. Kim, whose  term had not expired:  "shall hold office for the remainder of the 
predecessor's term". Therefore, the DSB was faced with three vacancies on the Appellate WT/DSB/74  
 
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  Body, one of which would arise on 12  December  2017. Second, the Chairman said that he 
had been consulting with some delegations  on a proposal to open three selection processes 
as soon as possible to be carried out by the same Selection Committee. He noted that 
further consultations were needed in this regard. The following delegations made 
statements: Korea, the  United  States, Pak istan, Mexico, Canada, the  European  Union, 
Australia, Japan, China, Switzerland, Brazil, Singapore, New  Zealand, Hong  Kong, China; 
Chinese  Taipei and Norway. The Chairman note d the points raised by Member s and said that 
he was ready to hold an informal  meeting of the DSB  as soon as possible to give Member s 
an opportunity to discuss these  matter s further.  He invited delegations with views and ideas 
in this regard  to contact him directly. Also at the 31  August  2017 DSB meeting , the 
European  Union introduced i ts revised proposal regarding the Appellate Body selecti on 
process es (WT/DSB/W/597/Rev.3). No  consensus was reached on the European  Union's 
proposal. Also no consensus  was reached  on the revised proposal submitted by Argentina, 
Brazil, Colombia, Chile, Gua temala, Mexico and Peru (WT/DSB/W/596/Rev.3). The following 
delegations made statements  on these matters: the European  Union, the  United  States, 
Brazil, Canada, China, Australia, Japan, Cameroon, Mexico (on behalf of Argentina, Brazil, 
Colombia, Chile, Gua temala, Mexico and Peru), Chile, the  Russian  Federation and the  
Dominican  Republic. The Chairman noted that it was clear that there would be no consensus 
on either of the proposals. He recalled that the United  States  had raised some points which 
deserved c onsideration but, at the same time, those points also raised concern s for other 
delegations. He reiterated that he w as willing to hold an informal meeting  of the DSB  as 
soon as feasible and that he was ready to hear delegations'  views and ideas on these 
matters (WT/DSB/M /400).  
 At the 29  September  2017 DSB meeting, the Chairman made a statement regarding the 
informal meeting held on 15  September  2017 in order to discuss the issues raised at the 
regular DSB meeting in August  2017 regarding the Appellate Body matters. He reported 
that, during the informal meeting, the United States reviewed with more details the systemic 
issues raised at the 31  August DSB meeting. He said that other Members reiterated their 
concerns about the continued failure of the DSB to lau nch selection processes for the vacant 
positions in the Appellate Body. At the informal meeting several delegations requested the 
United  States to provide additional details of its systemic concerns as well as to submit 
concrete proposals on how these conc erns could be addressed by the DSB. Many delegations 
expressed concerns about linking the discussion on the systemic issues raised by the 
United  States to the Appellate Body selection processes. At the same time, a number of 
delegations demonstrated their readiness to engage in discussions to address the systemic 
concerns. The Chairman said that consultations will continue on these matters and invited 
delegations with views on these matters to contact him directly. The following delegations 
made statements:  the United  States, Canada, Singapore (on behalf of ASEAN), the 
Dominican  Republic (on behalf of the Informal Group of Developing Countries), Australia, 
Norway and China.  Also at the 29  September  2017 DSB meeting, the DSB considered two 
proposals regarding  the Appellate Body processes (WT/DSB/ W/596/Rev.4 and 
WT/DSB/ W/597/Rev.4). No consensus was reached on either of the proposals. The following  
delegations made statements: Mexico (on behalf of Argentina, Brazil, Colombia, Chile, 
Guatemala, Mexico and Peru),  the European Union, Japan, Switzerland, the United  States, 
Hong Kong, China; New Zealand, Turkey, Norway, Australia, the Bolivarian Republic 
of Venezuela, Chinese Taipei, Korea, the Russian Federation, Ecuador, Guatemala, Chile 
(on behalf of GRULAC), Cost a Rica, Peru, Uruguay, Honduras and El  Salvador 
(WT/DSB/M/402).  
 At the 23  October  2017 DSB meeting, the Chairman made a statement regarding his 
consultations on Appellate Body matters. He said that informal consultations continued in 
order to find a way fo rward to the current impasse. The consultations were being held at 
different levels , both political and technical. He urged Members to show more flexibility and 
creativity in order to be able to launch the three selection processes as soon as possible. 
Under the same Agenda item, the DSB considered two proposals regarding the AB selection 
processes (WT/DSB/W/597/ Rev.5 and WT/DSB/W/596/ Rev.5). No consensus was reached 
on either of the proposals. The follow ing delegations made statements : the European  Union, 
Mexico (speaking on behalf of Argentina, Brazil, Colombia, Chile, Guatemala, Mexico and 
Peru), the  United  States, Australia, Pakistan, Singapore, Thailand, Canada, New  Zealand, 
Switzerland, India, Chile (on behalf of GRULAC), Hong Kong, China; Norway, Chin ese Taipei, WT/DSB/74  
 
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  Turkey, Japan, China, Korea, Honduras, the  Russian  Federation, Guatemala, Israel, 
Uruguay, the Bolivarian Republic of Venezuela, the  Dominican  Republic, El  Salvador, Peru 
and Brazil. The Chairman concluded that he would continue to consult furt her and called on 
delegations to have more discussions in order to build necessary confidence and to create 
concrete ideas in order to address these matters (WT/DSB/M/403).  
2.3.  Currently, the Appellate  Body is composed of the following members (in alphabetical  order): 
Mr. Ujal Singh Bhatia (India ), Mr. Thomas R. Graham (United  States), Mr. Shree Baboo Che kitan 
Servansing (Mauritius) , Mr. Peter Van den Bossche (European  Union, Belgium), and  Ms. Hong 
Zhao (China ). 
3  INDICATIVE LIST OF G OVERNMENTAL AND NON -GOVERNMEN TAL PANELISTS  
3.1.  During the period under review, Members suggested and the DSB approved a total of 20 new 
nominations for inclusion on the Indicative List of Governmental and Non -Governmental Panelists, 
in accordance with Article  8.4 of the DSU. These names a re contained in documents: 
WT/DSB/W/583, WT/DSB/W/585, WT/DSB/W/587, WT/DSB/W/589, WT/DSB/W/599 and 
WT/DSB/ W/606).  The DSB approved these nominations at its meetings on 23  November  2016 
(WT/DSB/M/389), 16  December  2016 (WT/DSB/M/390), 25  January  2017 (WT/D SB/M/391) , 
20 February  2017 (WT/DSB/M/392) , 19 June 2017 (WT/DSB/M/398)  and 23  October  2017 
(WT/DSB/M/403).  
3.2.  The DSB approved the following new names for the Indicative List: (i) Argentina – Ms. Rosa 
María Vicien -Milburn; (ii ) Egypt – Mr. Ibrahim El -Seginy and Mr. Magdi Ahmed Farahat; 
(iii) the European  Union – Mr. Tapio Pyysalo  (Finland)  and Mr. Armin Steinbach (Germany); (iv) 
Korea – Mr. Taeho Bark, Mr. Seung -Hwan Choi, Mr . Chan-Mo Chung, Mr. Junha Kang, Mr. Doo -Sik 
Kim, Mr.  Youngjae Kim , Mr. Jaehyoung Lee  and Mr. Sanghan Wang; (v) Mexico – Mr. Guillermo 
Malpica Soto  and Mr. Orlando Pérez G árate;  (vi) Singapore – Mr. Burhan Gafoor, Mr. Peter Mari 
Govindasamy, Mr. Fook Seng Kwok,  Ms. Bee Kim Ng and Mr.  Chin Heng Ong.  
4  ADOPTION OF THE 2017  DRAFT ANNUAL REPORT OF THE DSB  
4.1.  At its meeting on 23  October  2017, the DSB adopted the draft A nnual Report of the DSB 
for 2017 contained in document WT/DSB/W/ 603 on the understanding that it would be further 
updated by the Secretariat in order to include the actions taken by t he DSB at its meeting held on 
23 October  2017. The updated Report would be submitted for consideration by the General Council 
at its meeting on 30 November  2017 (WT/DSB/M/403 ). 
5  ESTABLISHMENT OF PAN ELS AND REQUESTS FOR  ESTABLISHMENT OF PAN ELS 
5.1.  During the per iod un der review, the DSB established 13 Panels in accordance with Article  6 of 
the DSU. These actions are described below with reference to each of the disputes in question:  
 "China – Export Duties on Certain Raw  Materials": The DSB considered , for the sec ond time, 
the United States' panel request at its meeting on 8  November  2016 and agreed to establish 
a panel in accordance with the provisions of Article  6 of the DSU, with standard terms of 
reference ( WT/DS508/6; WT/DSB/M/388). The  United  States and China  made statements. 
The following delegations reserved third -party rights to participate in the Panel's 
proceedings: Brazil, Canada, Chile, Colombia, the European  Union, India, Indonesia, Japan, 
Kazakhstan, Korea, Mexico, Norway, Oman,  the Russian  Federation , Singapore, 
Chinese  Taipei and Viet  Nam. 
 "China  – Duties and Other Measures Concerning the Exportation of Certain Raw Materials ": 
The DSB considered , for the first time , the European  Union 's panel request at its meeting on 
8 November  2016 (WT/DS 509/6; WT/ DSB/M/388 ). The European  Union, China and t he 
United  States made statements. The DSB considered this matter, for the second time, at its 
meeting on 23  November  2016 and agreed to establish a panel in accordance with the 
provisions of Article  6 of the DSU, with standard terms of reference (WT/DSB/M/389 ). The 
European  Union, China and the  United  States made statements.  The following delegations 
reserved third -party rights to participate in the Panel's proceedings: Brazil, Canada, Chile, WT/DSB/74  
 
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  Colombia, India, Indon esia, Japan, Kazakhstan, Korea, Mexico, Norway, Oman, the 
Russia n Federation, Singapore , Chinese  Taipei, the United  States and Viet  Nam.  
 "European  Union – Cost Adjustment Methodologies and Certain An ti-Dumping Measures on 
Imports f rom Russia (Second Compla int)": The DSB considered , for the first time , the 
Russian  Federation's panel request at its meeting on 23  November  2016 (WT/DS494/4; 
WT/DSB/M/389). The  Russian  Federation and the  European  Union made statements. The 
DSB considered this matter, for the seco nd time, at its meeting on 16  December  2016 and 
agreed to establish a panel in accordance with the provisions of Article  6 of the DSU, with 
standard terms of reference (WT/DSB/M/390). The  Russian  Federation and the 
European  Union made statements. The follo wing delegations reserved third -party rights to 
participate in the Panel's proceedings:  Argentina, Australia, Brazil, Canada, China, Egypt, 
India, Indonesia, Japan, Kore a, Mexico, Norway, Ukraine, the  United  States and Viet  Nam.  
 "Russia – Measures Affectin g the Importation of Railway Equipment and Parts Thereof": The 
DSB considered , for the first time , Ukraine's panel request at its meeting on 
23 November  2016 (WT/DS499/2; WT/DSB/M/389). Ukraine and the  Russian  Federation 
made statements. The DSB considered  this matter, for the second time, at its meeting on 
16 December  2016 and agreed to establish a panel in accordance with the provisions of 
Article  6 of the DSU, with standard terms of reference (WT/DSB/M/390). Ukraine and the  
Russian  Federation made statem ents. The following delegations reserved third -party rights 
to participate in the Panel's proceedings:  Canada, China, the  European  Union, India, 
Indonesia, Japan, Singapore and the  United  States.  
 "China – Domestic Support for Agricultural Producers": The D SB considered , for the first 
time, the United  States' panel request at its meeting on 16  December  2016 (WT/DS511/8; 
WT/DSB/M/390). The United  States and China made statements. The DSB considered this 
matter, for the se cond time, at its meeting on 25  Januar y 2017 and agreed to establish a 
panel in accordance with the provisions of Article  6 of the DSU, with standard terms of 
reference (WT/DSB/M/391). The  United  States and China made statements. The following 
delegations reserved third -party rights to partici pate in the Panel's proceedings:  Australia, 
Brazil, Canada, Colombia,  Ecuador,  Egypt, El  Salvador, the  European  Union, Guatemala, 
India, Indonesia, Israel, Japan, Kazakhstan, Korea, Norway, Pakistan, Paraguay, 
the Philippines, the  Russian  Federation, the Kingdom  of Saudi  Arabia, Singapore, 
Chinese  Taipei, Thailand, Turkey, Ukraine  and Viet  Nam.  
 "Morocco – Anti-Dumping Measures on Certain Hot -Rolled Steel from Turkey": The DSB 
considered , for the first time , Turkey's panel request at its meeting on 25  Januar y 2017 
(WT/DS513/2; WT/DSB/M/391). Turk ey and Morocco made statements. The DSB considered 
this matter, for the second time, at its meeting on 20  February  2017 and agreed to establish 
a panel in accordance with the provisions of Article  6 of the DSU, with s tandard terms of 
reference (WT/DSB/M/392). Turkey and Morocco made statements. The following 
delegations reserved their third -party rights to participate in the Panel's proceedings: China, 
Egypt, the  European  Union, India, Japan, Kazakhstan, Korea, Oman, t he Russian  Federation, 
Singapore, the  United  Arab Emirates and the  United  States.  
 "United  States – Certain Measures Relating to the Renewable Energy Sector": The DSB 
considered , for the first time , India's panel request at its meeting on 20  February  2017 
(WT/DS510/2; WT/DSB/M/392). India and the United  States  made statements. The DSB 
considered this matter, for the second time, at its meeting on 21 March  2017 and agreed to 
establish a panel in accordance with the provisions of Article  6 of the DSU, with sta ndard 
terms of reference (W T/DSB/M/394 ). India and the United  States  made statements. The 
following delegations reserved third -party rights to participate in the Panel's proceedings:  
Brazil, China, the  European  Union, Indonesia, Japan, Korea, Norway, the 
Russian  Federation, the Kingdom  of Saudi  Arabia, Singapore, Chinese  Taipei and Turkey.  
 "Russia – Measures Concerning Traffic in Transit": The DSB considered, for the first time, 
Ukraine's panel request at its meeting on 20  February  2017 (WT/DS512/3; WT/DSB/ M/392). 
Ukraine, the  Russian  Federation and the  European  Union made statements. The DSB 
considered this matter, for the second time, at its meeting on 21  March  2017 and agreed to WT/DSB/74  
 
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  establish a panel in accordance with the provisions of Article  6 of the DSU, with standard 
terms of reference (WT/DSB/M/394). Ukraine and the  Russian  Federation made statements. 
The following delegations reserved third -party rights to participate in the Panel's 
proceedings:  Australia, the  Plurinational  State  of Bolivia, Brazil, Can ada, Chile, China, the  
European  Union, India, Japan, Korea, Moldova, Norway, Paraguay, the Kingdom  of 
Saudi  Arabia, Singapore, Turkey and the  United States.  
 "European  Union – Measures Related to Price Comparison Methodologies": The DSB 
considered, for the first time, China's panel request at its meeting on 21  March  2017 
(WT/DS516/9; WT/DSB/M/394). China, the  European  Union, the  United  States and Japan 
made statements. The DSB considered this matter, for the second time, at its meeting on 
3 April 2017 and ag reed to establish a panel in accordance with the provisions of Article  6 of 
the DSU, with standard terms of reference (WT/DSB/M/395). China, the  European  Union, 
the United  States and Japan made statements. The following delegations reserved 
third-party rig hts to participate in the Panel's proceedings: Australia, the  Kingdom  
of Bahrain, Brazil, Canada, Colombia, Ecuador, India, Indonesia, Japan, Kazakhstan, Korea, 
Mexico, Norway, the  Russian  Federation, the  Kingdom  of Saudi  Arabia, Chinese  Taipei, 
Tajikistan , Turkey, the  United  Arab Emirates and the  United  States.  
 "India – Certain Measures on Imports of Iron and Steel Products": The DSB considered, for 
the first time, Japan's panel request at its meeting on 21  March  2017 (WT/DS518/5; 
WT/DSB/M/394). Japan and India made statements. The DSB considered this matter, for the 
second time, at its meeting on 3  April 2017 and agreed to establish a panel in accordance 
with the provisions of Article  6 of the DSU, with standard terms of reference 
(WT/DSB/M/395). Japan and  India made statements. The following delegations reserved 
third-party rights to participate in the Panel's proceedings: Australia, China, 
the European  Union, Indonesia, Kazakhstan, Korea, Oman, Qatar, the  Russian  Federation, 
Singapore, Chinese  Taipei, Ukr aine, the  United  States  and Viet  Nam.  
 "United  States – Countervailing Measures on Certain Pipe and Tube Products from Turkey": 
The DSB considered, for the first time, Turkey's panel request at its meeting on 
22 May 2017 (WT/DS523/2; WT/DSB/M/397). Turkey and the United  States made 
statements. The DSB considered this matter, for the second time, at its meeting on 
19 June 2017 and agreed to establish a panel in accordance with the provisions of Article  6 
of the DSU, with standard terms of reference (WT/DSB/M /398). Turkey and the  
United  States made statements. The following delegations reserved third -party rights to 
participate in the Panel's proceedings: Brazil, Canada, China, the European  Union, Japan,  
Kazakhstan, Korea, the Russian  Federation and the Kingdom  of Saudi  Arabia . 
 "China – Tariff Rate Quotas for Certain Agricultural Products": The DSB considered, for the 
first time, the  United  States' panel request at its meeting on 31  August  2017 (WT/DS517/6; 
WT/DSB/M/400). The  United  States and China made stateme nts. The DSB considered this 
matter, for the second time, at its meeting on 22  September  2017 and agreed to establish a 
panel in accordance with the provisions of Article  6 of the DSU, with standard terms of 
reference (WT/DSB/M/401). The United States and China made statements. The following 
delegations reserved third -party rights to participate in the Panel's proceedings: Australia, 
Brazil, Canada, Ecuador, the European Union,  Guatemala,  India, Indonesia, Japan, 
Kazakhstan, Korea, Norway, the Russian Feder ation, Singapore, Chinese Taipei , Ukraine and 
Viet Nam.  
 "Canada – Measures Concerning Trade in Commercial Aircraft": The DSB considered, for the 
first time, Brazil's panel request at its meeting on 31  August  2017 (WT/DS522/6; 
WT/DSB/M/400). Brazil and Cana da made statements.  The DSB considered this matter, for 
the second time, at its meeting on 29  September  2017 and agreed to establish a panel in 
accordance with the provisions of Articles  4.4 and  7.4 of the SCM Agreement and Article  6 of 
the DSU, with stand ard terms of reference (WT/DSB/M/402). Brazil, Canada and the 
United  States made statements. The following delegations reserved third -party rights to 
participate in the Panel's proceedings: China, the European Union, Japan, the 
Russian  Federation, Singapor e and the United States.   WT/DSB/74  
 
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  5.2.  The following panel request was considered by the DSB for the first time:  
 "United Arab Emirates – Measures Relating to Trade in Goods and Services, and 
Trade -Related Aspects of Intellectual Property Rights": The DSB considered, fo r the first 
time, Qatar's panel request at its meeting on 23  October  2017 (WT/DS526/2;  
WT/DSB/M/403). The following delegations made statements: Qatar, United Arab Emirates, 
Bahrain, Saudi Arabia, Egypt and the United States. No further action by the DSB h ad taken 
place by the time of writing this Report.  
6  ADOPTION OF APPELLAT E BODY/PANEL REPORTS  
6.1.  During the period covered by this Report, the DSB adopted seven  Panel Reports and four 
Appellate Body Reports:  
 "Canada  – Anti-Dumping Measures on Imports of Certain  Carbon Steel Welded Pipe from the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ": The DSB adopted the 
Panel Report contained in WT/DS482/R  and WT/DS482/R/ Add.1 at its meeting on 
25 January  2017 (WT/DSB/M/391 ). The following delegations ma de statements: Canada and 
Chinese  Taipei . 
 "Russian  Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products 
from the  European  Union": The DSB adopted the Appellate Body Report contained in 
WT/DS475/AB/R and WT/DS475/AB/R/Add.1 and  the Panel Report contained in 
WT/DS475/R and WT/DS475/R/Add.1, as modified by the Appellate Body Report, at its 
meetin g on 21  March  2017 (WT/DSB/M/394 ). The following delegations made statements: 
the European  Union and the  Russian  Federation.  
 "European  Union – Measures Affecting Tariff Concessions on Certain Poultry Meat Products": 
The DSB adopted the Panel Report contained in WT/DS492/R and WT/DS492/R/Add.1 at its 
meeting on 19  April 2017 (WT/DSB/M/396). The following delegations made statements: 
China, t he European  Union, Thailand and Brazil.  
 "China – Anti-Dumping Measures on Imports of Cellulose Pulp from Canada": The DSB 
adopted the Panel Report contained in WT/DS483/R and WT/DS483/R/Add.1 at its meeting 
on 22  May 2017 (WT/DSB/M/397). The following dele gations made statements: Canada and 
China.  
 "United  States – Certain Methodologies and their Application to Anti -Dumping Proceedings 
Involving China": The DSB adopted the Appellate Body Report contained in WT/DS471/AB/R 
and WT/DS471/AB/R/Add.1 and the Panel  Report contained in WT/DS471/R and 
WT/DS471/R/Add.1, as modified by the Appellate Body Report, at its meeting on 
22 May 2017 (WT/DSB/M/397). The following delegations made statements: China and 
the United  States.  
 "United States – Conditional Tax Incentive s for Large Civil Aircraft": The DSB adopted the 
Appellate Body Report contained in WT/DS487/AB/R and WT/DS487/AB/R/ Add.1 and the 
Panel Report contained in WT/DS487/R and WT/DS487/R/ Add.1, as modified by the 
Appellate Body Report, at its meeting on 22  September  2017 (WT/DSB/M/401). The 
following delegations made statements: the European Union, the United States and Canada.  
 "European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from 
Indonesia": The DSB adopted the Appellate Body Report contained in WT/DS442/AB/R and 
WT/DS442/AB/R/ Add.1 and the Panel Report contained in WT/DS442/R and 
WT/DS442/R/ Add.1, as modified by the Appellate Body Report, at its meeting on 
29 September  2017 (WT/DSB/M/402). The following delegations made statements: 
Indonesia, the European Union, the United States, Canada, Brazil, Japan and New  Zealand.  
After adoption of the reports, the DSB took note of the statements made by the 
United  States and the European  Union on the adoption procedure followed by the DSB.  WT/DSB/74  
 
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  7  STATE MENTS OF INTENTIONS IN RESPECT OF IMPLEM ENTATION PURSUANT TO  
ARTICLE  21.3 OF THE DSU  
7.1.  The DSB took note of Members' statements of intentions with respect to implementation of 
the DSB recommendations and rulings in connection with seven disputes:  
 "India – Certain Measures Relating to Solar Cells and Solar Modules ": India informed the 
DSB in writing of its intentions in respect of implementation of the recommendations and 
rulings of the DSB in this dispute  on 10  November  2016 (WT/DS456/14). India further 
confirmed its intentions in respect of implementation of the recommendations and rulings of 
the DSB in this dispute  at the DSB meeting on 23  November  2016 (WT/DSB/M/389 ). The 
following delegations made statements: India and the  United  States . 
 "European  Union – Anti-Dumping Measures on Biodiesel from Argentina": the  
European  Union informed the DSB of its intentions in respect of implementation of the 
recommendations and rulings of the DSB in this dispute at the DSB meeting on 
23 November  2016 (DS473; WT/DSB/M/389 ). The following delegations made statements: 
the European  Union and Argentina.  
 "Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu": Canada informed the 
DSB of its intentions in respect of implementation of the recommendations and rulings of the 
DSB in this dispute at the DSB meeting on 20  February  2017 (DS482; WT/DSB/M/392).  The 
following delegations made statements: Canada and Chinese  Taipei.  
 "Russian  Federation - Measures on the Importation of Live Pigs, Pork and Other Pig Products 
from the  European  Union": The  Russian  Federation informed the DSB of its intentions in 
respect of implementation of the recommendations and rulings of the DSB in this dispute at  
the DSB meeting on 19  April 2017 (DS475; WT/DSB/M/396).  The following delegations 
made statements: the  Russian  Federation and the  European  Union.  
 "European  Union – Measures Affecting Tariff Concessions on Certain Poultry Meat Products": 
The European  Union  informed the DSB in writing of its intentions in respect of the 
implementation of the recommendations and rulings of the DSB in this dispute  on 
16 May 2017 (WT/DS492/5). The European  Union further confirmed its intentions in respect 
of implementation of t he DSB recommendations and rulings  at the DS B meeting on 
22 May 2017 ( WT/DSB/M/397). The  following delegations made statements: 
the European  Union, China, Brazil and Thailand.  
 "China – Anti-Dumping Measures on Imports of Cellulose Pulp from Canada": China informed 
the DSB of its intentions in respect of the implementation of the recommendations and 
rulings of the DSB in this dispute at the DSB meeting on 19  June 2017 (DS483; 
WT/DSB/M/398).  The following delegations made statements: China and Canada.  
 "United  States – Certain Methodologies and Their Application to Anti -Dumping Proceedings 
Involving China": The United  States informed the DSB of its intentions in respect of the 
implementation of the recommendations and rulings of the DSB in this dispute at the D SB 
meeting on 19  June 2017 (DS471; WT/DSB/M/398).  The following delegations made 
statements: the  United  States and China.  
8  STATUS REPORTS ON PR OGRESS IN THE IMPLEM ENTATION OF THE 
RECOMMENDATIONS ADOP TED BY THE DSB  
8.1.  The DSB received status reports with respec t to implementation of DSB rulings and 
recommendations during the period considered in this Report with regard to five matters as 
follows:  
 "United  States – Anti-Dumping Measures on Certain Hot -Rolled Steel Products from Japan": 
Status reports by the United  States (WT/DS184/15/Add.166, 167, 168, 169, 170, 171, 172, WT/DSB/74  
 
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  173, 174, 175, 176 and 177 ) were submit ted at the DSB meetings held on 
23 November  2016 (WT/DSB/M/389), 16  December  2016 (WT/DSB/M/390), 
25 January  2017 (WT/DSB/M/391), 20  February  2017 (WT/DSB/M/ 392), 21  March  2017 
(WT/DSB/M/394), 19  April 2017 (WT/DSB/M/396), 22 May 2017 (WT/DSB/M/397), 
19 June 2017 (WT/DSB/M/398) , 20 July 2017 (WT/DSB/M/399) , 31 August  2017 
(WT/DSB/M/400) , 29 September  2017 (WT/DSB/M/402) and 23  October  2017 
(WT/DSB/M/ 403).  In the course of the year, statements on this matter were made by the 
United  States ( 12 times) and Japan ( 12). 
 "United  States – Section 110(5) of the US Copyright Act": Status reports by the  
United  States (WT/DS160/24/Add.141, 142, 143, 144, 145, 146,  147, 148, 149, 150, 151 
and 152 ) were submitted at the DSB meetings held on 23  November  2016 
(WT/DSB/M/389), 16  December  2016 (WT/DSB/M/390), 25  January  2017 (WT/DSB/M/391), 
20 February  2017 (WT/DSB/M/392), 21  March  2017 (WT/DSB/M/394), 19  April 2017 
(WT/DSB/M/396 ), 22 May 2017 (WT/DSB/M/397) , 19 June 2017 (WT/DSB/M/398) , 
20 July 2017 (WT/DSB/M/399), 31 August  2017 (WT/DSB/M/400) , 29 September  2017 
(WT/DSB/M/402) and 23  October  2017 (WT/DSB/M/403).  In the course of the year, 
statements on this matter were made by t he United  States ( 12 times) , the 
European  Union  (12) and China (2 ). 
 "European  Communities – Measures Affecting the Approval and Marketing of Biotech 
Products": Status reports by the European  Union (WT/DS291/37/Add.104, 105, 106, 107, 
108, 109,  110, 111, 112, 113, 114 and 115 ) were submitted at the DSB meetings held on 
23 November  2016 (WT/DSB/M/389), 16  December  2016 (WT/DSB/M/390), 
25 January  2017 (WT/DSB/M/391), 20  February  2017 (WT/DSB/M/392), 21  March  2017 
(WT/DSB/M/394), 19  April 2017 (WT/DSB/M/396),  22 May 2017 (WT/DSB/M/397),  
19 June 2017 (WT/DSB/M/398), 20  July 2017 (WT/DSB/M/399) , 31 August  2017 
(WT/DSB/M/400),  29 September  2017 (WT/DSB/M/402)  and 23  October  2017 
(WT/DSB/M/ 403).  In the course of the year, statements on this matter were made by the 
European  Union ( 12 times) and the United  States ( 12). 
 "European  Union – Anti-Dumping Measures on Biodiesel from Argentina": Status report s by 
the European  Union (WT/DS473/17 , Add.1 , 2, 3 and 4 ) were submitted at the DSB meeting s 
held on 19  June 2017 (WT/DSB /M/398) , 20 July 2017 (WT/DSB/M/399) , 31 August  2017 
(WT/DSB/M/400),  29 September  2017 (WT/DSB/M/402) and 23  October  2017 
(WT/DSB/M/403).  In the course of the year, statements on this matter were made by the 
European Union (5  times ) and Argentina (5 ). 
 "Canada – Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu": Status report s by 
Canada (WT/DS482/7 , Add.1  and 2) were  submitted at the DSB meeting s held o n 
31 August  2017 (WT/DSB/M/400) , 29 September  2017 (WT/DSB/M/402) and 
23 October  2017 (WT/DSB/M/403). In the course  of the year, statements on th is matter 
were made by Canada (3  times) and Chinese  Taipei  (3). 
9  MATTERS RAISED BY ME MBERS P URSUANT TO ARTICLE  21.6 OF THE DSU 
(SURVEILLANCE AND I MPLEMENTATION)  
9.1.  The DSB considered at several meetings the implementation of the DSB recommendations 
and rulings with respe ct to six matters:  
 "United  States – Continued Dumping and Subsidy Offset Act of 2000" (DS217; DS234): 
the European  Union and Japan raised the implementation of the DSB recommendations and 
rulings in these disputes at the DSB meetings held on  23 November  2016 (WT/ DSB/M/389) 
and 16  December  2016 (WT/DSB/M/390). T he European  Union  raised the implementation of 
the DSB reco mmendations and rulings in these disputes at the DSB meetings held on  
25 January  2017 (WT/DSB/M/391), 20  February  2017 (WT/DSB/M/392), 21  March  2017 
(WT/DSB/M/394), 19  April 2017 (WT/DSB/M/396), 22 May 2017 (WT/DSB/M/397 ), 
19 June 2017 (WT/DSB/M/398) , 20 July 2017 (WT/DSB/M/399) , 31 August  2017 
(WT/DSB/ M/400),  29 September  2017 (WT/DSB/M/402) and 23  October  2017 WT/DSB/74  
 
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  (WT/DSB/M/403).  In the course of the year, the following delegations made statements: the 
European  Union ( 12 times ), Japan ( 2), Brazil (12), Canada  (12), China ( 5) and the 
United  States ( 12). 
 "China – Certain Measures Affecting Electronic Payment Services" (DS413): the 
United  States raised the implementation of the DSB recommendations and rulings in this 
dispute at the DSB meetings held on  23 Novembe r 2016 (WT/DSB/M/389), 
16 December  2016 (WT/DSB/M/390), 25  January  2017 (WT/DSB/M/391), 20  February  2017 
(WT/DSB/M/392) and 21  March  2017 (WT/DSB/M/394).  In the course of the year, the 
following delegations made statements: the United  States ( 5 times) and China ( 5). 
 "United  States – Countervailing Measures on Certain Hot -Rolled Carbon Steel Flat Products 
from India"  (DS436) : India raised the implementation of the DSB recommendations and 
rulings in this dispute at the DSB meeting held on 23  November  2016 (WT /DSB/M/389). 
India and the  United  States made statements.  
 "India – Measures Concerning the Importation of Certain Agricultural Products" (DS430): 
the United  States raised the implementation of the DSB recommendations and rulings in this 
dispute at the DSB meeting held on 23  November  2016 (WT/DSB/M/389). The  United  States 
and India made statements.  
 "United  States – Measures Affecting the Cross -Border Supply of Gambling and Betting 
Services" (DS285): Antigua  and Barbuda raised the implementation of the DSB 
recommendations and rulings in this dispute at the DSB meeting held on 23  November  2016 
(WT/DSB/M/389). The following delegati ons made statements: Antigua  and Barbuda, 
the United  States, the Bolivarian  Republic  of Venezuela, Argentina, Jamaica, Dominica 
(speaking on behalf of the OECS  member States ) and Cuba.  The matter was raised again at 
the 29  September  2017 (WT/DSB/M/402). The following delegations made statements: 
Antigua and Barbuda, the United States, Jamaica, Barbados, Dominican Republic and Cuba.  
 "Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products"  (DS485) : the 
Russian Federation raised the implementation of the DSB recommendations and rulings in 
this dispute  at the DSB meeting  held on 22  May 2017 (WT/DSB/M/397). The 
Russian Federation and the European  Union made statements. Subsequentl y at the DSB 
meeting held on 19  June 2017 (WT/DSB/M/398), the European  Union raised the 
implementation of the DSB recommendations and rulings in this dispute. The following 
delegations made stat ements: the European  Union, the Russian  Federation and Japan.  
10  RECOURSE TO ARTICLE  21.5 OF THE DSU (COM PLIANCE PANEL)  
10.1.   Three matters were referred by the DSB to the compliance Panels pursuant to Article  21.5 
of the DSU:  
 "Colombia – Measures Relating to the I mportation of Textiles, Apparel and Footwear": at its 
meeting on 20  February  2017, the DSB considered, for the first time, a panel request 
pursuant to Article  21.5 of the DSU by Colombia (WT/DS461/17; WT/DSB/M/392). 
Colombia, Panama, the  European  Union, Brazil, Mexico, Japan and the  United  States made 
statements. The DSB considered this matter, for a second time, at its meeting on 
6 March  2017 (WT/DSB/M/393) and agreed pursuant to Article  21.5 of the DSU, to refer to 
the original Panel, if possible, the mat ter raised by Colombia  in document WT/DS461/17 . 
Colombia, Panama, the United  States, Australia, Mexico, Canada, the  Russian  Federation, 
India and China made statements. It was agreed that the Panel would have standard terms 
of reference. The following dele gations reserved their third -party rights to participate in the 
Panel's proceedings: Australia, China, Ecuador, the  European  Union, Guatemala, Honduras, 
India, Korea , the Russian  Federation, Chinese  Taipei and the  United  States.  
 "India – Measures Concernin g the Importation of Certain Agricultural Products": at its 
meeting on 19  April 2017, the DSB considered, for the first time, a panel request pursuant 
to Article  21.5 of the DSU by India (WT/DS430/21; WT/DSB/M/396). India, the  WT/DSB/74  
 
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  United  States, Brazil, the  European  Union, Colombia, Canada and Australia made 
statements.  The DSB considered this matter, for a second time, at its meeting on  
22 May 2017 (WT/DSB/M/397) and agreed pursuant to Article  21.5 of the DSU, to refer to 
the original Panel, if possible, the m atter raised by  India in document WT/DS430/21. India, 
the United  States, Japan, the  European  Union,  Canada, Australia , Colombia  and Brazil made 
statements. It was agreed that the Panel would have standard terms of reference. The 
following delegations reser ved their third -party rights to participate in the Panel's 
proceedings: Australia, Brazil, Canada, China, the  European  Union, Guatemala , Japan, 
Kazakhstan, Korea, Mexico, the Russian  Federation, Singapore and Viet  Nam.  
 "Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear": at its 
meeting on 22  May 2017, the DSB considered, for the first time, a panel request pursuant to 
Article  21.5 of the DSU by Panama (WT/DS461/22; WT/DSB/M/397). Panama, Colombia, 
the European  Union, Brazil, Japan  and Australia made statements. The DSB considered this 
matter, for a second time, at its meeting on 19  June 2017 (WT/DSB/M/398) and agreed 
pursuant to Article  21.5 of the DSU, to refer to the original Panel, if possible, the matter 
raised by  Panama i n document WT/DS461/22. Panama, Colombia, the  United  States,  
Mexico,  the European  Union, Japan and Brazil made statements. It was agreed that the 
Panel would have standard terms of reference. The following delegations reserved their 
third-party rights to p articipate in the Panel's proceedings: Australi a, China, Ecuador, the 
European  Union, Guatemala, Honduras, India, In donesia, Japan, Kazakhstan, Korea, the 
Russian  Federation, Singapore, Chinese  Taipei and the United  States.  
11  RECOURSE TO ARTICLE  22 OF THE DS U (COMPENSATION AND SUSPENSION OF 
CONCESSIONS)  
11.1.   During the period under review, one  matter  raised in the DSB  had been referred to 
arbitration under Article  22.6 of the DSU  and with regard to one dispute, the DSB authorized the 
suspension of concessions or o ther obligations as set out below:  
 "Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear ": at the 
DSB meeting on 20  February  2017, following Panama's request under Article  22.2 of the 
DSU contained in document WT/DS461/16, the matter raised by Colombia in docume nt 
WT/DS461/18 had  been referred to arbitration under Article  22.6 of the DSU. The following 
delegations made statements: Panama, Colombia, the  European  Union, Canada, India, 
Japan, Argentina, Brazil, Mexico  and the  United States (WT/DSB/M/392).  
 "United  States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products": at the DSB meeting on 22  May 2017, pursuant to the request by Mexico 
under Article  22.7 of the DSU  contained in document WT/DS381/ 44, the DSB agreed to 
grant authorization to suspend the application to the  United  Sates of tariff concessions or 
other obligations consistent with the Arbitrator's decision contained in document 
WT/DS381/ARB. The following delegations made statements: Mex ico, the  United  States, 
Canada, Japan, the  European  Union, Brazil, Colombia and India (WT/DSB/M/397) . 
12  OTHER MATTERS  
12.1.   A variety of other matters were raised in the DSB:  
12.2.   At the DSB meetings held on 23  November  2016 (WT/DSB/M/389), 16  December  2016 
(WT/DSB/M/3 90), 25  January  2017 (WT/DSB/M/391), 20  February  2017 (WT/DSB/M/392), 
21 March  2017 (WT/DSB/M/394), 19  April 2017 (WT/DSB/M/396),  22 May 2017 (WT/DSB/M/397), 
20 July 2017 (WT/DSB/M/399) and 29  September  2017 (WT/DSB/M/402)  in keeping with the 
undertaking m ade by the Director -General to the DSB in October  2015 that there would be more 
transparency about the dispute settlement workload, the Chairman reported to the DSB on the 
Appellate Body's workload, the number of disputes in the panel queue and at the pane l 
composition stage, and the ability of the Secretariat to me et expected demand.  
12.3.   At the DSB meeting held on 16  December  2016, Colombia made a statement regarding its 
implementation of the DSB's recommendations and rulings in the dispute: "Colombia – Measur es WT/DSB/74  
 
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  Relating to the Importation of Textiles, Apparel and Footwear" (DS461). Panama also made a 
statement on this matter (WT/DSB/M/390).  
12.4.   At the DSB meeting held on 22  May 2017, Canada made a statement regarding the 
Mechanism for Developing, Documenting and S haring Practices and Procedures in the Conduct of 
WTO Disputes (JOB/DSB/1). Australia also made a statement on this matter (WT/DSB/M/397).  
Also at the DSB meeting on 20  July 2017, Canada made a statement on the Mechanism for 
Developing, Documenting and Sha ring Practices and Procedures in the Conduct of WTO Disputes 
and presented Job documents concerning this matter (JOB/DSB/1/Add.7, 8, 9 and 10). The 
following delegations made statements: Australia, Singapore, Chinese  Taipei, Norway, Costa  Rica, 
Japan, New  Zealand, Ukraine, Switzerland, Colombia, the  United  States, Korea, Brazil, China, the  
European  Union and Chile (WT/DSB/M/399).  Also at the DSB meeting on 31  August  2017, Canada 
made a statement on this matter (WT/DSB/M/400).  
12.5.   At the DSB meeting held on 23 O ctober 2017, the European Union made a statement 
regarding its intention to fully comply with its WTO obligations pertaining to the dispute: 
"European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia" 
(DS442). Indonesia als o made a statement on this matter (WT/DSB/M/403).  
12.6.   At its meeting held on 23 October 2017, the DSB agreed to designate Mr. Hanspeter 
Tschaeni as a representative to serve the function of facilitating the information -gathering process, 
pursuant to paragraph 4 of Annex V of the SCM Agreement pertaining to the dispute: "Canada – 
Measures Concerning Trade in Commercial Aircraft " (DS522). The following delegations made 
statements: Brazil, Canada and the United States.  
12.7.   At the DSB meeting held on 23 October 2017, K orea made a statement regarding the issue 
of implementation pertaining to the dispute: "United States – Anti-Dumping and Countervailing 
Measures on Large Residential Washers from Korea" (DS464). The United States also made a 
statement on this matter (WT/DS B/M/403).  
13  CONCLUSION  
13.1.   This brief overview demonstrates that during the period from 8  November  2016 through 
23 October  2017,  the DSB was called upon to consider a variety of significant matters and took a 
number of important decisions. As set out in detail a bove, the DSB agreed to appoint Ms. Zhao 
Hong (China) and Mr. Hyun Chong Kim (Korea) to the Appellate Body for four -year terms, 
respectively, beginning on 1  December  2016. The DSB approved a total of 20 new nominations 
proposed  for inclusion on the Indicat ive List of Governmental and Non -Governmental Panelists. It 
established 13 Panels in accordance with Article  6 of the DSU and three matters were referred to 
compliance Panels pursuant to Article  21.5 of the DSU. The DSB adopted seven  Panel Reports and 
four Appellate Body Reports. One matter raised in the DSB had been referred to arbitration under 
Article  22.6 of the DSU, and the DSB authoriz ed the suspension of concessions and other 
obligations in one matter  under Article  22.7 of the DSU. As part of its sur veillance function, the 
DSB considered status reports on implementation with regard to five matters.  
13.2.   This report underscores that the WTO dispute settlement mechanism is operating at a very 
high level of activity. This is positive but it is also presenting  challenges in coping with the 
resultant workload.  
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