WT/DS384/25  
 
13 June 2013  
(13-3059)  Page: 1/3  
  Original: English  
 
UNITED STATES - CERTAIN COUN TRY OF ORIGIN LABELLING  
(COOL) REQUIREMENTS 
UNDERSTANDING BETWEEN THE UN ITED STATES AND CANADA 
REGARDING PROCEDURES UNDER AR TICLES 21 AND 22 OF THE DSU 
 The following communication, dated 10 June 2013, from the delegation of the United States 
and the delegation of Canada to the Chairperson of the Dispute Settlement Body, is circulated at 
the request of these delegations. 
 
_______________ 
 
 
Canada and the United States would like to  inform the Dispute Settlement Body of the 
attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" 
between Canada and the United States with respect to the above captioned dispute.   
 
We respectfully request that you circulate the attached agreement to Members of the 
Dispute Settlement Body.  
   
 
  
 
 
Clete Willems 
Legal Advisor 
Permanent Mission 
of the United States  
  
 
 
Robert McDougall 
Legal Advisor 
Permanent Mission 
of Canada 
 WT/DS384/25 
 
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  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
 
United States – Certain Country of Origin Labelling  
(COOL) Requirements  (WT/DS384) 
 
The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the 
dispute United States – Certain Country of Origin Labelling (COOL) Requirements  (WT/DS384) on 
23 July 2012. 
 
Pursuant to Article 21.3(c) of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), the arbitrator fixe d the reasonable period of time ("RPT") for the 
United States to implement the recommendations and rulings of the DSB at 10 months from 
23 July 2012 (WT/DS384/24).  The RPT expired on 23 May 2013.  On that date, the US Department of Agriculture adopted a final rule modifying the U.S. COOL regulations.  78 Fed. Reg. 
31,367 (24 May 2013). 
 
Canada and the United States (the "Parties") have agreed on the following procedures for 
the exclusive purposes of this dispute.  They are de signed to facilitate the resolution of the dispute 
and reduce the scope for procedural disputes and are without prejudice to either Party’s views on 
the correct interpretation of the DSU:  
1. If Canada considers that the United States has adopted a measure to comply with the 
recommendations and rulings of the DSB in DS384 that is inconsistent with the covered agreements or there is disagreement between th e Parties as to the existence of a measure 
taken to comply, Canada may request the establishment of a panel pursuant to DSU 
Article 21.5 at any time.  
 
2. Canada is not required to hold consultations with the United States prior to requesting the 
establishment of an Article 21.5 panel.   
 3. The Parties shall cooperate to enable the DSU Article 21.5 panel to circulate its report within 
90 days of the panel’s establishment, excludin g such time during which the panel’s work 
may be suspended pursuant to DSU Article 12.12. 
 
4. Either Party may request the DSB to adopt the report of the DSU Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report to Members unless either Party appeals the report to the Appellate Body. 
 
5. In the event of an appeal of the DSU Articl e 21.5 panel report, the Parties shall cooperate to 
enable the Appellate Body to circulate its report to the Members within 90 days from the date of notification of the appeal to the DSB.   Further, either Party may request the DSB to 
adopt the reports of the Appellate Body and of  the DSU Article 21.5 panel (as modified or 
upheld by the Appellate Body report) at a DSB meeting held within 30 days of the circulation of the Appellate Body report to Members. 
 
6. In the event that the DSB, following a proceeding under DSU Article 21.5, rules that a 
measure taken to comply does not exist or is inconsistent with a covered agreement, 
Canada may request authorization to suspend the application of concessions or other 
obligations under the covered agreements to the United States pursuant to DSU Article 22.  The United States shall not assert that Canada is precluded from obtaining such DSB authorization on the ground that the request was made outside the 30-day time-period 
specified in DSU Article 22.6.  This is without prejudice to the right of the United States to 
refer the matter to arbitration in accordance with DSU Article 22.6. 
 
7. If Canada requests authorization to suspend the application of concessions or other 
obligations under the covered agreements to the United States pursuant to DSU Article 22, the United States may object under DSU Article 22.6 to the level of suspension of 
concessions or other obligations and/or claim that the principles and procedures set forth in 
DSU Article 22.3 have not been followed, thereby referring the matter to arbitration pursuant to DSU Article 22.6. 
 WT/DS384/25 
 
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  8. The Parties will cooperate to enable the ar bitrator under DSU Article 22.6 to circulate its 
decision within 60 days of the referral to arbitration. 
 9. If any of the original panelists is not avai lable for either the DSU Article 21.5 panel or the 
Article 22.6 arbitration (or both), the Parties will promptly consult on a replacement, and 
either Party may request the Director-General of the WTO to appoint, within ten days of being so requested, a replacement for the proceeding or proceedings in which a replacement 
is required.  If an original panelist is unavailable to serve in either of the proceedings, the 
Parties will further request that, in making this appointment, the Director-General seek a person who will be available to act in both proceedings. 
 
10. The Parties will continue to cooperate in all matters related to these agreed procedures and 
agree not to raise any procedural objection to an y of the steps set out herein.  If, during the 
application of these procedures, the Parties consider that a procedural aspect has not been 
properly addressed in these procedures, they will endeavour to find a solution within the 
shortest time possible that will not affect the other aspects and steps agreed herein. 
 
11. These agreed procedures in no way prejudice other rights of either Party to take any action 
or procedural step to protect its rights and interests, including recourse to the DSU. 
 
 
 
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