. /.  WORLD TRADE  
ORGANIZATION   
WT/DS431/7 
WT/DS432/7 
WT/DS433/7 25 September 2012 
 
(12-5138) 
  
  
CHINA – MEASURES RELATED TO THE EXPORTATION OF  
RARE EARTHS, TUNGSTEN AND MOLYBDENUM 
 
Constitution of the Panel Established at the Requests of the United States,  
the European Union and Japan 
 
Note by the Secretariat1 
 
 1. At its meeting on 23 July 2012, the Dispute Se ttlement Body (DSB) established a single panel 
pursuant to the requests of the United States in  document WT/DS431/6, the European Union in 
document WT/DS432/6, and Japan in document WT/D S433/6, in accordance with Article 9.1 of the 
Understanding on Rules and Procedures Govern ing the Settlement of Disputes (DSU). 
2. The Panel's terms of reference are the following: 
"To examine, in the light of the relevant provisions of the covered agreements cited 
by the parties to the dispute, the matter referred to the DSB by the United States in 
document WT/DS431/6, the European Union in document WT/DS432/6 and Japan in document WT/DS433/6, and to make such findings as will assist the DSB in making 
the recommendations or in giving the rulings provided for in those agreements." 
3. On 12 September 2012, the United States, the European Union and Japan requested the 
Director-General to determine the composition of the panel, pursuant to Article 8.7 of the DSU.  This 
paragraph provides: 
"If there is no agreement on the panelists within 20 days after the date of the 
establishment of a panel, at the request of  either party, the Director-General, in 
consultation with the Chairman of the DSB and the Chairman of the relevant Council 
or Committee, shall determine the com position of the panel by appointing the 
panelists whom the Director-General consid ers most appropriate in accordance with 
any relevant special or additional rules or  procedures of the covered agreement or 
covered agreements which are at issue in th e dispute, after consulting with the parties 
to the dispute.  The Chairman of th e DSB shall inform the Members of the 
composition of the panel thus formed no later than 10 days after the date the 
Chairman receives such a request." 
4. On 24 September 2012, the Director-General accordingly composed the Panel as follows: 
 Chairperson:  Mr Nacer Benjelloun-Touimi 
 
 Members: Mr Hugo Cayrús    Mr Darlington Mwape  
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their righ ts or obligations under the WTO Agreement. WT/DS431/7 
WT/DS432/7 WT/DS433/7 
Page 2 
  
  5. Argentina, Australia, Brazil, Canada, Colomb ia, the European Union (with respect to 
WT/DS431 and WT/DS433), India, Indonesia, Japan (with respect to WT/DS431 and WT/DS432), the Republic of Korea, Norway, Oman, Peru
2, the Russian Federation3, the Kingdom of Saudi Arabia, 
Chinese Taipei, Turkey, the United States (wit h respect to WT/DS432 and WT/DS433), and 
Viet Nam, have reserved their rights to participate in the Panel proceedings as third parties.  
 
__________ 
  
                                                      
2 On 3 August 2012, more than ten days after th e establishment of the Panel, the parties and the 
Secretariat received Peru's notificati on of its interest, dated 2 August 2012 , to participate as a third party. 
3 On 13 September 2012, more than ten days after the establishment of the Panel, the parties and the 
Secretariat received the Russian Federation's notification of  its interest, dated 13 September 2012 , to participate 
as a third party.  At the time of the establishment of the Panel, the Russian Federation was not a Member of the 
WTO.