WT/DS529/9  
 
16 October 2018  
(18-6451) Page: 1/8 
  Original: English  
 
AUSTRALIA – ANTI -DUM PING MEASURES ON A4 COPY PAPER  
COMMUNICATION FROM T HE PANEL  
The following communication, dated 1 2 October 2018, was received from the Chairperson of the 
Panel with the request that it be circulated to the Dispute Settlement Body.  
 
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Paragraph 1(3) of the Working Procedures for the Panel proceedings in the dispute Australia – Anti-
Dumping Measures o n A4 Copy Paper provides:  
 
These Working Procedures and the timetable will be made available to all WTO Members during 
the course of the dispute by being added to the DS document series for the dispute. The Panel 
will circulate preliminary rulings as appropriate.  
Accordingly, p lease find enclosed the Working Procedures adopted by the Panel on 5 October 2018.   
 
I would be gr ateful if you would circulate this document  to the DSB.  
  WT/DS529/9  
 
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WORKING PROCEDURES O F THE PANEL  
Adopted on 5 October 2018  
 
General  
 
1. (1) In this proceeding, the Panel shall follow the relevant provisions of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes ("DSU"). In addition, the 
following Working Procedures apply.  
(2) The Panel reserves the right to modify these procedures as necessary, after consultation 
with the parties.  
(3)  These Working Procedures and the timetable will be  made available to all WTO Members 
during the course of the dispute by being added to the DS document series for the dispute. 
The Panel will circulate preliminary rulings as appropriate.  
Confidentiality  
2. (1) Except as otherwise provided for in these Work ing Procedures, the deliberations of the 
Panel and the documents submitted to it shall be kept confidential. Members shall treat as 
confidential information that is submitted to the Panel which the submitting Member has 
designated as confidential.  
(2) Nothing in the DSU or in these Working Procedures shall preclude a party or third party 
from disclosing statements of its own positions to the public.  
(3) If a party submits a confidential version of its written submissions to the Panel, it shall 
also, upon request of a Member, provide a non -confidential summary of the information 
contained in its submissions that could be disclosed to the public.  
(4)  The parties and third parties shall treat Business Confidential Information (BCI) in 
accordance with the pro cedures set forth in the Additional Working Procedures concerning BCI 
adopted by the Panel.  
Submissions  
 
3. (1) Before the first substantive meeting of the Panel with the parties, each party shall 
submit to the Panel a written submission, in which it prese nts the facts of the case and its 
arguments, in accordance with the timetable adopted by the Panel.  
(2) Each party shall also submit to the Panel, prior to the second substantive meeting of 
the Panel, a written rebuttal, in accordance with the timetable ad opted by the Panel.  
(3) Each third party that chooses to make a written submission prior to the first substantive 
meeting of the Panel with the parties shall do so in accordance with the timetable adopted by 
the Panel.  
(4) The Panel may invite the partie s or third parties to make  additional submissions in the 
course of the proceeding, including with respect to requests for preliminary rulings in 
accordance with paragraph 4 below.  
Preliminary rulings  
4. (1) The following procedures shall apply if the resp onding party considers that the Panel 
should make a ruling prior to the issuance of the Report that certain measures or claims in 
the panel request or the complaining party's first written submission are not properly before 
the Panel. Exceptions to this pr ocedure shall be granted upon a showing of good cause.  WT/DS529/9  
 
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  a. Australia shall submit any such request for a preliminary ruling no later than in its first 
written submission to the Panel. Indonesia shall submit its response to the request prior 
to the first subst antive meeting of the Panel, at a time to be determined by the Panel in 
light of the request.  
b. The Panel may issue a preliminary ruling on the issues raised in such a preliminary ruling 
request before, during or after the first substantive meeting, or the P anel may defer a 
ruling on the issues raised by a preliminary ruling request until it issues its Report to the 
parties.  
c. In the event that the Panel finds it appropriate to issue a preliminary ruling prior to the 
issuance of its Report, the Panel may provi de reasons for the ruling at the time that the 
ruling is made, or subsequently in its Report.   
d. Any request for such a preliminary ruling by Australia prior to the first meeting, and any 
subsequent submissions of the parties in relation thereto prior to the first meeting, shall 
be served on all third parties. The Panel may provide all third parties w ith an opportunity 
to provide comments on any such request, either in their submissions as provided for in 
the timetable or separately. Any preliminary ruling issued by the Panel prior to the first 
substantive meeting on whether certain measures or claims are properly before the Panel 
shall be communicated to all third parties.  
(2) The procedure set out in paragraph (1) is without prejudice to the parties' right to 
request other types of preliminary or procedural rulings in the course of the proceeding, an d 
to the procedures that the Panel may follow with respect to such requests.  
Evidence  
5. (1) Each party shall submit all evidence to the Panel with its first written submission, except 
evidence necessary for purposes of rebuttal, or evidence necessary for answers to questions 
or comments on answers provided by the other party. Additional exceptions may be granted 
upon a showing of good cause.  
(2) If any new evidence has been admitted upon a showing of good cause, the Panel shall 
accord the other party an a ppropriate period of time to comment on the new evidence 
submitted.  
6. (1) Where the original language of an exhibit or portion thereof is not a WTO working 
language, the submitting party or third party shall simultaneously submit a translation of the 
exhibit or relevant portion into the WTO working language of the submission. The Panel may 
grant reasonable extensions of time for the translation of exhibits upon a showing of good 
cause.  
(2) Any objection as to the accuracy of a translation should be raised  promptly in writing, 
preferably no later than the next submission or the meeting (whichever occurs earlier) 
following the submission which contains the translation in question. Any objection shall be 
accompanied by a detailed explanation of the grounds fo r the objection and an alternative 
translation.  
7. (1) To facilitate the maintenance of the record of the dispute and maximize the clarity of 
submissions, each party and third party shall sequentially number its exhibits throughout the 
course of the dispu te, indicating the submitting Member and the number of each exhibit on its 
cover page. Exhibits submitted by Indonesia should be numbered IDN -1, IDN -2, etc. Exhibits 
submitted by Australia should be numbered AUS -1, AUS -2, etc. If the last exhibit in connec tion 
with the first submission was numbered AUS -5, the first exhibit in connection with the next 
submission thus would be numbered AUS -6.  
(2) Each party shall provide an updated list of exhibits (in Word or Excel format) together 
with each of its submissi ons, oral statements, and responses to questions.  WT/DS529/9  
 
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  (3) If a party submits a document that has already been submitted as an exhibit by the 
other party, it should explain why it is submitting that document again.  
Editorial Guide  
8. In order to facilitate the work of the Panel, each party and third party should consider making 
its submissions in accordance with the WTO Editorial Guide for Panel Submissions (electronic copy 
provided).  
Questions  
 
9. The Panel may pose questions to the parties and third parties at  any time, including:  
a. Prior to any meeting, the Panel intends to send an indicative list of the questions, or a list 
of the topics it intends to pursue orally in the course of a meeting, at least 5 business days 
in advance of the meeting. The Panel may ask  additional questions at the meeting.  
b. The Panel may put questions to the parties and third parties orally in the course of a 
meeting, and in writing following the meeting, as provided for in paragraphs 15 and 22 
below.  
Substantive meetings  
 
10. The Panel shall meet in closed session.  
11. The parties shall be present at the meetings only when invited by the Panel to appear before 
it.  
12. (1) Each party has the right to determine the composition of its own delegation when 
meeting with the Panel.  
(2) Each party shall have the responsibility for all members of its delegation and shall 
ensure that each member of its delegation acts in accordance with the DSU, these Working 
Procedures, and the Additional Working Procedures concerning BCI.  
13. Each party shall provide to the Panel the list of members of its delegation no later than 
5.00 p.m. (Geneva time) three working days preceding the first day of each meeting with the Panel.  
14. A request for interpretation by any party should be made to the Panel as early as possible, 
preferably at the organizational stage, to allow sufficient time to ensure availability of interpreters.  
15. The first substantive meeting of the Panel with the parties shall be conducted as follows:  
a. The Panel shall invite Indonesia to m ake an opening statement to present its case first. 
Subsequently, the Panel shall invite Australia to present its point of view. Before each 
party takes the floor, it shall provide the Panel and other participants at the meeting with 
a provisional written version of its statement. In the event that interpretation is needed, 
each party shall provide additional copies for the interpreters.  
b. Each party should avoid lengthy repetition of the arguments in its submissions. Each party 
is invited to limit the lengt h of its opening statement to 60 minutes. If either party 
considers that it requires more time for its opening statement, it should inform the Panel 
and the other party at least 5 days prior to the meeting, and it should also provide, at the 
same time, an estimate of the length of its statement. The Panel will accord equal time to 
both parties for their statements.   
c. After the conclusion of the opening statements, the Panel shall give each party the 
opportunity to ask each other questions or make comments, through the Panel. Each party 
shall then have an opportunity to answer these questions orally.  
d. The Panel may subsequently pose questions to the parties.  WT/DS529/9  
 
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  e. Once the questioning has concluded, the Panel shall afford each party an opportunity to 
present a brie f closing statement, with Indonesia presenting its statement first. Before 
each party takes the floor, it shall provide the Panel and other participants at the meeting 
with a provisional written version of its closing statement, if available.  
f. Following the  meeting:  
i. Each party shall submit a final written version of its opening statement no later than 
5.00 p.m. (Geneva time) on the first working day following the meeting. At the same 
time, each party should also submit a final written version of any prepared  closing 
statement that it delivered at the meeting.  
ii. Each party shall send in writing, within the timeframe established by the Panel prior 
to the end of the meeting, any questions to the other party to which it wishes to 
receive a response in writing.  
iii. The Panel shall send in writing, within the timeframe established by the Panel prior 
to the end of the meeting, any questions to the parties to which it wishes to receive 
a response in writing.  
iv. Each party shall respond in writing to the questions from the P anel, and to any 
questions posed by the other party, within the time -frame established by the Panel 
prior to the end of the meeting.  
16. The second substantive meeting of the Panel with the parties shall be conducted in the same 
manner as the first substan tive meeting with the Panel, except that Australia shall be given the 
opportunity to present its oral statement first. If Australia chooses not to avail itself of that right, it 
shall inform the Panel and the other party no later than 5.00pm (Geneva time) three working days 
day prior to the meeting. In that case, Indonesia shall present its opening statement first, followed 
by Australia. The party that presented its opening statement first shall present its closing statement 
first. 
17. Each party shall be g iven the opportunity to comment on the responses to questions provided 
by the other party after the second substantive meeting, within the time -frame established by the 
Panel prior to the end of the meeting.  
Third party session  
 
18. The third parties shall be present at the meetings only when invited by the Panel to appear 
before it.  
19. (1) Each third party has the right to determine the composition of its own delegation when 
meeting with the Panel.  
(2) Each third party shall have the responsibility for all members of its delegation and shall 
ensure that each member of its delegation acts in accordance with the DSU, these Working 
Procedures, and the Additional Working Procedures concerning BCI.  
20. A request for interpretation by an y third party should be made to the Panel as early as 
possible, preferably upon receiving the working procedures and timetable for the proceeding, to 
allow sufficient time to ensure availability of interpreters.  
21. (1) Each third party may present its vie ws orally during a session of the first substantive 
meeting with the parties set aside for that purpose.  
(2) Each third party shall indicate to the Panel whether it intends to make an oral statement 
during the third party session, along with the list of m embers of its delegation, in advance of 
this session and no later than 5.00  p.m. (Geneva time) three working days preceding the third 
party session of the meeting with the Panel.  
22. The third -party session shall be conducted as follows:  WT/DS529/9  
 
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  a. All parties and th ird parties may be present during the entirety of this session.  
b. The Panel shall first hear the oral statements of the third parties, who shall speak in 
alphabetical order. Each third party making an oral statement at the third -party session 
shall provide the Panel and other participants with a provisional written version of its 
statement before it takes the floor. In the event that interpretation of a third party's oral 
statement is needed, that third party shall provide additional copies for the interpret ers.  
c. Each third party should limit the length of its statement to 15 minutes, and avoid repetition 
of the arguments already in its submission.  
d. After the third parties have made their statements, the parties shall be given the 
opportunity to pose question s to any third party for clarification on any matter raised in 
that third party's submission or statement.  
e. The Panel may subsequently pose questions to any third party.  
f. Following the third -party session:  
i. Each third party shall submit the final written  version of its oral statement, no later 
than 5.00  p.m. (Geneva time) on the first working day following the meeting.  
ii. Each party may send in writing, within the timeframe to be established by the Panel 
prior to the end of the meeting, any questions to  a third party or parties to which it 
wishes to receive a response in writing.  
iii. The Panel may send in writing, within the timeframe to be established by the Panel 
prior to the end of the meeting, any questions to a third party or parties to which it 
wishes to receive a response in writing.  
iv. Each third party choosing to do so shall respond in writing to written questions from 
the Panel or a party, within a timeframe established by the Panel prior to the end of 
the meeting.  
Descriptive part and execu tive summaries  
 
23. The description of the arguments of the parties and third parties in the descriptive part of the 
Panel report shall consist of executive summaries provided by the parties and third parties, which 
shall be annexed as addenda to the report. These executive s ummaries shall not in any way serve 
as a substitute for the submissions of the parties and third parties in the Panel's examination of the 
case.  
24. Each party shall submit two integrated executive summaries. The first integrated executive 
summary shall s ummarize the facts and arguments as presented to the Panel in the party's first 
written submission, its first oral statement, and where possible, its responses to questions following 
the first substantive meeting. The second integrated executive summary sh all summarize its second 
written submission, its second oral statement, and where possible, its responses to the second set 
of questions and comments thereon following the second substantive meeting. The timing of the 
submission of these two integrated exe cutive summaries shall be indicated in the timetable adopted 
by the Panel.  
25. Each integrated executive summary shall be limited to no more than 15 pages.  
26. The Panel may request the parties and third parties to provide executive summaries of facts 
and arguments presented in any other submissions to the Panel for which a deadline may not be 
specified in the timetable.  
27. Each third party shall submit an integrated executive summary of its arguments as presented 
in its written submission and statement in accordance with the timetable adopted by the Panel. This 
integrated executive summary may also include a summary of respo nses to questions, if relevant. 
The executive summary to be provided by each third party shall not exceed six  pages. If the WT/DS529/9  
 
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  documents comprising a third -party's submission, oral statement and/or responses to questions do 
not exceed six pages in total, thes e may serve as the executive summary of that third party's 
arguments.  
Interim review  
 
28. Following issuance of the interim report, each party may submit a written request to review 
precise aspects of the interim report and request a further meeting with t he Panel, in accordance 
with the timetable adopted by the Panel. The right to request such a meeting shall be exercised no 
later than at the time the written request for review is submitted.  
29. In the event that no further meeting with the Panel is reque sted, each party may submit 
written comments on the other party's written request for review, in accordance with the timetable 
adopted by the Panel. Such comments shall be limited to commenting on the other party's written 
request for review.  
Interim and Final Report  
30. The interim report, as well as the final report prior to its official circulation, shall be kept 
strictly confidential and shall not be disclosed.  
Service of documents  
 
31. The following procedures regarding service of documents apply to a ll documents submitted by 
parties and third parties in the course of the proceeding:  
a. Each party and third party shall submit all documents to the Panel by submitting them 
with the DS  Registry via e -mail in both Microsoft Word and PDF format. All documents 
shall be submitted by 5.00p.m. (Geneva time) on the due dates established by the Panel. 
This electronic copy submitted to the DS Registry shall constitute the official copy for the 
purposes of submission deadlines and the record of the dispute. All such e -mails to the 
Panel shall be addressed to DSRegistry@wto.org, and copied to other WTO Secretariat 
staff whose e -mail addresses have been provided to the parties in the course of the 
proceeding. Where it is not possible to attach all the Exhibits to one emai l, the submitting 
party or third party shall provide the DS Registry with three copies of the Exhibits on USB 
keys, CD -ROMs or DVDs.  
b. Each party and third party shall submit one paper copy of its submissions and one paper 
copy of its Exhibits to the Panel b y 5.00 p.m. (Geneva time) on the due dates established 
by the Panel. The DS  Registrar shall stamp the documents with the date and time of 
submission.  
c. In addition, each party and third party is invited to submit all documents through the 
Digital Dispute Se ttlement Registry (DDSR) within 24 hours following the deadline for the 
submission of the electronic version to the DS Registry. If the parties or third parties have 
any questions or technical difficulties relating to the DDSR, they are invited to consult the 
DDSR User Guide (electronic copy provided) or contact the DS Registry at 
DSRegistry@wto.org.  
d. Each party shall serve any document submitted to the Panel directly on the other party. 
Each party shall, in addition, serve any submissions in advance of the first substantive 
meeting with the Panel directly on the third parties. Each third party shall serve any 
document submitted to the Panel directly on the parties and on all other third parties. A 
party or third party may serve its documents on another party  or third party by e -mail or 
on a CD -ROM, DVD or USB key only, unless the recipient party or third party has previously 
requested a paper copy. Each party and third party shall confirm, in writing, that copies 
have been served on the parties and third part ies, as appropriate, at the time it provides 
each document to the Panel.  WT/DS529/9  
 
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  e. Each party and third party shall submit its documents with the DS Registry and serve 
copies on the other party (and third parties where appropriate) by 5.00  p.m. (Geneva 
time) on the due dates established by the Panel.  
f. As a general rule, all communications from the Panel to the parties and third parties will 
be via email. In addition to transmitting them to the parties by email, the Panel shall 
provide the parties with a paper copy of  the Interim Report and the Final Report.  
Correction of clerical errors in submissions  
32. The Panel may grant leave to a party or third party to correct clerical errors in any of its 
submissions (including paragraph numbering and typographical mistakes).  Any such request should 
identify the nature of the errors to be corrected, and should be made promptly following the filing 
of the submission in question.  
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