WT/DS449/7  
 
24 April 2014  
(14-2488)  Page: 1/1  
  Original: English  
 
 UNITED STATES – COUNTERVAILING AND ANTI-DUMPING MEASURES 
ON CERTAIN PRODUCTS FROM CHINA 
NOTIFICATION OF AN OTHER APPEAL BY THE UNITED STATES 
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES 
AND PROCEDURES GOVERNING THE SE TTLEMENT OF DISPUTES (DSU),  
AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW 
 The following notification, dated 17 April 2014, from the Delegation of the United States, is 
being circulated to Members.  
_______________ 
 
 Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU") and Rule 23 of the Working Procedures for Appellate Review , the 
United States hereby notifies its decision to appeal to the Appellate Body certain issues of law 
covered in the Report of the Panel on United States – Countervailing and Anti-Dumping Measures 
on Certain Products from China (WT/DS449/R) and certain legal interpretations developed by the 
Panel in this dispute.  
  In particular, the United States seeks review  by the Appellate Body of the Panel's legal 
conclusion that Section D of China's Panel Request was not inconsistent with Article 6.2 of the 
DSU
1 because it provided a brief summary of the legal basis of the complaint sufficient to present 
the problem clearly.2 This finding is in error and is based on erroneous findings on issues of law 
and related legal interpretations, including, for example: the Panel's conclusion that a reference to 
Article 19 of the Agreement on Subsidies and Countervailing Measures  ("SCM Agreement") in 
China's panel request "warrant[ed] the inference" that the specific obligation at issue was Article 19.3 of the SCM Agreement;
3 that a panel request may satisfy the requirements of DSU 
Article 6.2 if it permits "sufficiently clear inferences" as to the obligations at issue;4 that multiple, 
distinct legal obligations under an article of a covered agreement may be interpreted to determine whether a particular obligation forms part of the legal basis of the complaint;
5 that a panel 
request's reference to an external source may inform whether the panel request provides a brief 
summary of the legal basis of the complaint sufficient to present the problem clearly;6 and that 
subsequent statements may cure a deficient panel request.7 The United States respectfully 
requests the Appellate Body to reverse the Panel's findings and conclude that Section D of China's 
Panel Request was not consistent with DSU Article 6.2. As a consequence, the United States 
further requests that the Panel's findings of in consistency with respect to Articles 10, 19.3, 
and 32.1 of the SCM Agreement also be reversed  as these claims are outside the terms of 
reference of this dispute.8 
 
__________ 
 
                                               
1 See Panel Report, para. 8.1(a). 
2 See Preliminary Ruling by the Panel, WT/DS449/4, para. 3.52. 
3 See Preliminary Ruling by the Panel, WT/DS449/4, para. 4.1. 
4 See Preliminary Ruling by the Panel, WT/DS449/4, para. 3.32.  
5 See Preliminary Ruling by the Panel, WT/DS449/4, paras. 3.39-3.40.  
6 See Preliminary Ruling by the Panel, WT/DS449/4, paras. 3.42-3.43.  
7 See Preliminary Ruling by the Panel, WT/DS449/4, paras. 3.1-3.15. 
8 See Panel Report, paras 7.298-7.396, 8.1(c).