WT/DSB/W/577  
 
13 October  2016 
(16-5539) Page: 1/12 
   
 
 DISPUTE SETTLEMENT B ODY 
DRAFT A NNUAL REPORT (201 6) 
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) i n 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 contained 
in documents WT/DS B/M/370 – WT/DSB/M/ 3852 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/REAPPOIN TMENT OF APPELLATE B ODY MEMBERS  .............................  2 
3   INDICATIVE LIST OF G OVERNMENTAL AND NON -GOVERNMENTAL PANELIS TS ...........  5 
4   ESTABLISHMENT OF PAN ELS AND REQUESTS FOR  ESTABLISHMENT OF 
PANELS  ................................ ................................ ................................ ............................  5 
5   ADOPTION OF APPELLAT E BODY/PANEL REPORTS  ................................ .....................  6 
6   STATEMENTS OF INTENT IONS IN RESPECT OF I MPLEMENTATION PURSUA NT 
TO ARTICLE  21.3 OF THE DSU  ................................ ................................ ..........................  7 
7   STATUS REPORTS ON PR OGRESS IN THE IMPLEM ENTATION OF THE 
RECOM MENDATIONS ADOPTED B Y THE DSB  ................................ ................................ .... 7 
8   MATTERS RAISED BY ME MBERS PURSUANT TO AR TICLE  21.6 OF THE DSU 
(SURVEILLANCE AND IM PLEMENTATION)  ................................ ................................ ........  8 
9   RECOURSE TO ARTICLE  21.5 OF THE DSU (COM PLIANCE PANEL)  ................................  9 
10   RECOURSE TO ARTICLE  22 OF THE DSU (COMPE NSATION AND SUSPENSI ON 
OF CONCESSIONS)  ................................ ................................ ................................ .........  10 
11   OTHER MATTERS  ................................ ................................ ................................ ..... 11 
12   CONCLUSION ................................ ................................ ................................ ...........  12 
 
                                                
1 WT/DSB/67.  
2 This report includes activities that took place during meetings of the DSB from 25  November  2015 
through 26 September  2016. WT/DSB/W/577  
 
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1  ELECTION OF CHAIRPER SON 
1.1.  At its meeting on 26  February  2016, the DSB elected by acclamatio n H.E. Mr. Xavier Carim 
(South Africa ) as C hairman of the DSB (WT/DSB/M/375 ). 
2  APPOINTMENT/REAPPOIN TMENT OF APPELLATE B ODY MEMBERS  
2.1.  Regarding the reappointment s of two Appellate Body members : 
 At its meeting on 25  November  2015, the DSB agreed to reappoint Me ssrs. Ujal Singh Bhatia 
and Thomas R. Graham , respectively, for a second four -year term of office starting on 
11 December  2015 (WT/DSB/M/370). The following delegations made statements: Brazil, 
the European  Union, Canada, China, Mexico, the United  States, India, Korea, Australia, the 
Russian  Federation and the Kingdom of Saudi  Arabia.  
2.2.  Regarding the appointment of one Appellate Body member and the reappointment of one 
Appellate Body member : 
 At the DSB meeting on 25  November  2015, the Chairman noted that the second four -year 
term of Ms. Yuejiao Zhang would expire on 31  May 2016, and pursuant to Article  17.2 of the 
DSU, she would not be eligible for reappointment. He said that it was his intention to 
circulate a draft decision regarding the selection process, t o be adopted by the DSB at its 
meeting on  25 January  2016. The Chairman also informed delegations that the first 
four-year term o f office of Mr. Seung Wha Chang would expire at the end on 31  May 2016 
and that Mr. Chang had expressed his willingness and int erest in being  reappointed for a 
second  four-year term. The Chairman indicated that it was his intention to consult informally 
on this matter (WT/DSB/M/370).  
 At the DSB meeting on 25 January  2016, the Chairman referred to his fax of 
15 January  2016 and not ed that, as stated in the fax, he had proposed for decision  five 
elements concerning the appointment of one Appellate Body member and the reappointment 
of one  Appellate Body member. The Chairman proposed that the DSB agree to the following 
five elements:  (i) to launch a selection process for one position in the Appellate Body to 
replace Ms. Yuejiao Zhang, whose second four -year term of office would expire on 
31 May 2016; (ii)  to establish a Selection Committee, consistent with the procedures set out 
in docu ment WT/DSB/1 and with previous selection processes, composed of the 
Director -General and the 2016 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 of 15  March  2016 at 6  pm for Members to submit nominations of candidates; 
(iv) to request the Selection Committee to carry out its work in April/May 2016 in order to 
make a recommendation to the DSB by no later than 12  May 2016, so that the DSB cou ld 
take a decision to appoint a new Appellate Body member at its regular meeting scheduled 
for 23  May 2016; and ( v) to request the DSB Chairman to carry out consultations on the 
possible reappointment of Mr. Seung Wha Chang, whose first four -year term of o ffice would 
expire on 31  May 2016, and who was eligible for reappointment by the DSB to a second 
four-year term and who had expressed his willingness to serve a second term.  The DSB 
agreed to the Chairman's proposal,  which was subsequently c irculated in do cument 
WT/DSB/70 (WT/DSB/M /373).  
 At the DSB meeting on 23  March  2016, the Chairman made a statement  to update 
delegat ions on the Appellate Body  selection process.  He said that by the agreed deadline of 
15 March  2016, the names of seven candidates had been submitted by the following 
Members: Japan, Nepal, China, Australia, Malaysia and Turkey. The CVs of the candidates 
were circulated as Job documents. He also informed delegations that on 17  March  2016 he 
had sent out a fax indicating that the incoming Chair  of the CTG, H.E. Mr. Hamish 
McCormick of Australia, had recused himself from the selection process in light of the fact 
that Australia had submitted a candidate. The Chairman recalled that the Selection 
Committee would interview candidates on  7 and 8  April 2016 and that on  20 and WT/DSB/W/577  
 
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  25 April 2016 the Selection Committee would be available to meet delegations, upon 
request, in order to receive views on candidates. He noted that t he deadline for written 
comments was 25  April 2016. With regard to the issue of re appointment, the Chairman said 
that he would continue to consult on this matter and invited interested delegations with 
views on this issue to contact him directly as soon as possible (WT/DSB/M/376).  
 At the DSB meeting on 22  April 2016, the Chairman made a  statement to update 
delegations on the ongoing Appellate Body  selection process. With regard to the issue of 
reappointment, the Chairman said that he had been consulting informally with interested 
delegations on this issue. He reported that in light of hi s consultations it would be his 
intention to host an informal meeting with Mr. Chang and invited any interested delegations 
who would wish to participate in that meeting to contact him or the Secretariat and indicate 
topics they wish ed to raise by 28  April 2016. He said that the meeting would take place on 
10 May 2016 and would follow the ground rule s established by the previous DSB Chairman 
in the context of the 2015 reappointment process (WT/DSB/M /370). He said that it was his 
intention to place the issue  of possible reappointment of one Appellate Body member on the 
Agenda of the 23  May 2016 DSB meeting (WT/DSB/M/377).  
 At the DSB meeting on 23  May 2016, the Chairman referred to his fax , dated 12  May 2016,  
and said that the Selection Committee had conducted  interviews with the seven nominated 
candidates and had met individually with 50 delegations to hear their views on the 
candidates. The Selection Committee had also received in writing the views of 
23 delegations. He said that the Selection Committee regre tted that it was not in a position 
to recommend a candidate that would enjoy consensus of the entire Membership . He further 
indicated that the Selection Committee needed more time in order to do so.  The following 
delegati ons made statements: Australia, Bra zil, China, the European  Union, Guatemala,  
Hong Kong, China; Indonesia, Japan, Mexico and the United  States.  Also a t the DSB  meeting 
on 23  May 2016, the Chairman  informed delegations that on 10  May 2016 he had hosted an 
informal meeting with Mr. Chang. He said that 26 delegations, including several EU member 
States, had participated in the meeting. Several delegations posed questions to which 
Mr. Chang had replied and the meeting was concluded. The following day, on 11  May 2016 
the Chair was informed by one  delegation that it would not be able to support Mr. Chang's 
reappointment. The following delegations made statements:  the United  States, Korea, 
the European Union, Mexico, Brazil, Egypt, India, Switzerland, Colombia, Nigeria, 
Chinese  Taipei, Singapore, Gu atemala, Norway,  Argentina, Paraguay, Australia, Uruguay, 
Japan, Viet  Nam, Hong  Kong, China; New  Zealand, Turkey, the Russian Federation, Canada, 
China, Indonesia, Honduras,  Thailand,  Iceland and Oman (WT/DSB/M/379 ). 
 At the DSB meeting on 22  June 2016, the  Chairman made a statement to brief delegations 
regarding the consultations on Appellate Body matters. He said that fourteen delegations 
took up the offer to meet with him. His assessment of the situation was that delegations 
were not yet in a position to move toward filling either of the two current vacancies in the 
Appellate Body.  He also said that while the decision to appoint a new Appellate Body 
member is formally separate from the question of reappointment, the consultations revealed 
that the two curr ent vacancies may need to be considered together. With regard to the 
systemic issue of reappointment, he said that based on his consultations the best way to 
deal with this matter would be to initiate a dedicated process to discuss these issues, if 
delegat ions so agree d. He said that if delegations were to take the process forward in July, 
they would need to intensify their discussions on these matters. The following delegations 
made statements: Korea (joint statement on behalf of Korea, Brazil, Canada, the  
European  Union, Guatemala, India, Indonesia, Israel, Jamaica, Morocco, Sri  Lanka, 
Switzerland, Thailand and Viet  Nam), Korea (separate statement), Morocco on behalf of the 
African Group, Peru, Dominican Republic, Oman, China, Turkey, Chile, Hong  Kong, Chi na; 
New Zealand, Chinese  Taipei, Australia, Norway, Japan, Mexico, Zimbabwe, Canada, Brazil 
and the United  States (WT/DSB/M/380).  
2.3.  Regarding the appointment of one Appellate Body member:  
 At the DSB meeting on 21  July 2016, the Chairman read out the text of his fax, which had 
been circulated to all delegations on 11  July 2016. The text of the fax was as follows: 
"Members are aware that I have been consulting on current Appellate Body matters. Based WT/DSB/W/577  
 
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  on these consultations, it appears to me that Members are rea dy to pursue work on these 
matters based on the following understandings: First, beginning in September  2016, I will 
convene Dedicated Sessions for a focused discussion by Members on any issue that has 
been raised in respect of Appellate Body reappointment s, including whether we wish to 
modify the rules governing reappointments . I wish to be clear that the purpose of these 
Dedicated Sessions is to discuss issues relating to  reappointment only,  with particular 
attention paid to assuring the independence and impartiality of the Appellate Body, and not 
to discuss any other issues including those raised in the DSU negotiations. I expect and 
encourage all Members to fully and actively engage in these Dedicated Sessions with a sense 
of urgency so as to reach an ag reement on this matter at the earliest moment  with a view to 
making recommendations to the DSB . Second, Members will adopt a decision in respect of 
the 2016 Appellate Body selection process at our next DSB meeting scheduled for 
21 July 2016. That decision will contain five elements: ( i) to launch a selection process to fill 
the vacancy left by the non -reappointment of one Appellate Body member; ( ii) to invite 
Members to nominate candidates to fill that vacancy and to set a deadline of 
14 September  2016 by 6  pm for Members' nominations; ( iii) to agree that, should any of the 
candidates nominated for the 2016 process initiated by the DSB at its meeting on 
25 January  2016 (WT/DSB/70) wish to participate in this selection process, the Member who 
nominated the ca ndidate shall inform the Selection Committee of the candidate 's intention to 
participate by the deadline stated in paragraph  (ii), and that such candidate will not need to 
be interviewed by the Selection Committee for a second time; ( iv) to agree that the 2016 
Selection Committee should also carry out this new selection process; and ( v) to request the 
Selection Committee to carry out its work, including conducting interviews of any new 
candidates and hearing the views of delegations on all candidates during  the month of 
October in order to make recommendations to the DSB as soon as possible so that the DSB 
can take a decision to appoint the new Appellate Body member at the latest by its regular 
meeting in November  2016". The Chairman clarified that the new s election process, 
concerning the non -reappointment of one Appellate Body member, was  separate from the 
selection proces s initiated in January  2016 to replace Ms. Zhang. He said that he hoped that 
the Selection Committee will be in a position to make recomm endations to fill both vacancies 
no later than November this year.  No delegation objected to the text of the fax read out by 
the Chairman. The following delegations made statements on this matter: Chinese  Taipei, 
Korea, the European  Union, Mexico, the Unit ed States, Guatemala, Singapore, Brazil, 
the Russia n Federation , China, India, Chile, Australia, Norway, Oman, Colombia, Japan, 
Turkey and New  Zealand  (WT/DSB/M/383).  
 At the DSB meeting on 5  September  2016, the Chairman made a statement regarding the 
new s election process agreed by the DSB at its meeting on 21  July 2016. He also reminded 
delegations that starting on 26  September  2016 he would convene the first Dedicated 
Session for a focused discussion by Members on any issue that had been raised in respect  of 
Appellate Body reappointments, including whether to modify the rules governing 
reappointments (WT/DSB/M/384).  
 At the DSB meeting on 26  September  2016, the Chairman made a statement regarding the 
new selection process agreed by the DSB at its meeting on  21 July 2016. He said that the 
names of seven candidates were submitted by the agreed deadline of 14  September  2016for 
the vacancy left by the non -reappointment of one Appellate Body member. Pursuant to the 
21 July 2016DSB decision, Australia, China, Japa n and Nepal re -submitted their candidates 
for the new vacancy. Letters to this effect from the respective Missions were circulated as 
addenda to the original Job documents containing the CVs of the candidates. In addition, 
two new nominations were submitte d by Chinese  Taipei and Korea. The CVs of these two 
candidates were circulated as Job documents. The Chairman  said that the re -nominated 
candidates from Australia, China, Japan and Nepal would not be interviewed for the second 
time by the Selection Committ ee. The interviews of the two new candidates would be held 
on 17  October  2016. He further noted that on 1 and 2  November  2016, the Selection 
Committee would make itself available to hear views of delegations on the candidates. 
Alternatively, written commen ts on the candidates may be provided to the Chair of the DSB 
by 2 November  2016 close of business. The Selection Committee would have to make a 
recommendation to the DSB by no later than 10  November  2016 so that the DSB can make 
a decision on this matter a t its regular meeting on 23  November  2016. With regard to the 
previous selection process, he said that the recommendation would have to be made by the WT/DSB/W/577  
 
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  Selection Committee as soon as possible and no later than 10  November  2016. Following the 
Chair's stateme nt, Korea made a statement.  
2.4.  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. Ricardo 
Ramírez -Hernández (Mexico), Mr. Shree Baboo Chekitan Se rvansing (Mauritius)  and Mr. Peter Van 
den Bossche (Belgium).  
3  INDICATIVE LIST OF G OVERNMENTAL AND NON -GOVERNMENTAL PANELIS TS 
3.1.  During the period under review, Members suggested and the DSB approved a total of eight 
new nominations for inclusion on the Indica tive List of Governmental and Non -Governmental 
Panelists, in accordance with Article  8.4 of the DSU. These names are contained in documents: 
WT/DSB/W/ 562, WT/DSB/W/564, WT/DSB/W/566, WT/DSB/W/572  and WT/DSB/W/ 575.The DSB 
approved these nominations at its m eetings on 26  February  2016 (WT/DSB/M/375), 
23 March  2016 (WT/DSB/M/3 76), 22 April 2016 ( WT/DSB/M/377 ), 21 July 2016 (WT/DSB/M/383)  
and 5  September  2016 (WT/DSB/M/384) . 
3.2.  The DSB approved the following new names for the Indicative List: (i) Australia – 
Ms. Annabelle Bennett and Mr. Andrew Stoler;  (ii) the European  Union – Mr. Christian Wegener 
(Denmark);  (iii) Israel – Mr. Rodolfo C. Rivas; (iv ) Moldova – Ms. Marina Foltea; (v) Philippines – 
Mr. Esteban B. Conejos; (v i) Qatar – Mr. Nasser M. Al -Adba; and (vii) Switzerland – Mr. Michael 
Schmid.  
4  ESTABLISHMENT OF PAN ELS AND REQUESTS FOR  ESTABLISHMENT OF PAN ELS 
4.1.  During the period under review, the DSB established  five Panels in accordance with Article  6 
of the DSU These actions are described below with reference to  each of the disputes in question:  
 "Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products ": 
the DSB considered for the first time , Brazil's panel request at its meeting on 
25 November  2015 (WT/DS484/8 and Corr.1; WT/DSB/M/370 ). Brazil, Indonesia, the 
United  States and the European  Union made statements. The DSB considered this matter, 
for the second time, at its meeting on 3  December  2015 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/371). Brazil and Indonesia made statements. The following delegations 
reserved third -party rights to participate in the Panel's proceedings: Argentina, Australia,  
Canada,  Chile, China, the European  Union, India,  Japan, Korea, New Zealand, Norway,  
Oman,  Paraguay, Qatar, Chinese  Taipei,  Thailand, the Russian Federation,  the United  States 
and Viet  Nam.  
 "Ukraine  – Anti-Dumping Measures on Ammonium Nitrate": the DSB considered for the first 
time, the Russian Federatio n's panel request at its meeting on 23  March 2016 
(WT/DS493/2; WT/DSB/M/ 376). The  Russian Federation and Ukraine made statements. The 
DSB considered this matter, for the second time, at its meeting on 22  April 2016 and agreed 
to establish a panel in accord ance with the provisions of Article  6 of the DSU, with standard 
terms of reference (WT/DSB/M/ 377). The Russian Federation and Ukraine made statements. 
The following delegations reserved third -party rights to participate in the Panel's 
proceedings: Argentin a, Australia,  Brazil,  Canada, China, Colombia, the European  Union, 
Japan, Kazakhstan,  Mexico,  Norway, Qatar  and the United  States.  
 "Korea – Anti-Dumping Duties on Pneumatic Valves from Japan": the DSB considered for the 
first time, Japan's panel request at  its meeting on 22  June 2016 (WT/DS504/2; 
WT/DSB/M/380). Japan and Korea made statements. The DSB considered this matter, for 
the second time, at its meeting on 4  July 2016 and agreed to establish a panel in accordance 
with the provisions of Article  6 of t he DSU, with standard terms of reference 
(WT/DSB/M/381). Japan and Korea made statements. The following delegations reserved 
their third -party rights to participate in the Panel's proceedings: Brazil, Canada, China,  
Ecuador,  the European  Union, Norway,  Singapore,  Turkey, the United States and Viet  Nam. WT/DSB/W/577  
 
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   "United  States – Countervailing Measures on Supercalendered Paper from Canada": the DSB 
considered for the first time, Canada's panel request at its meeting on 22  June 2016 
(WT/DS505/2; WT/DSB/M/380). Canada and the United  States made statements.  The DSB 
considered this matter, for the second time, at its meeting on 21  July 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 /383). Canada 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, India, Japan, Korea, Mexico and Turkey.  
 "Colombia – Measures Concerning  Imported Spirits": the DSB considered for the first time , 
the European  Union's panel request at its meeting on 5  September  2016 (WT/DS502/6; 
WT/DSB/M/384). The European  Union and Colombia made statements.  The DSB considered 
this matter , for the second tim e, at its meeting on 26  September  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/385). The European  Union, Colombia and the United  States 
made statements.  The follo wing delegations reserved third -party rights to participate in the 
Panel's proceedings: Brazil, Canada, Chile, China, Ecuador, El Salvador, Guatemala, India, 
Kazakhstan, Korea, Mexico, Panama, the Russian  Federation, Chinese  Taipei and 
the United  States.  
5  ADOPTION OF APPELLATE  BODY/PANEL REPORTS  
5.1.  During the period covered by this Report, the DSB adopted six Panel Reports and five 
Appellate Body Reports : 
 "United  States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products : Recours e to Article  21.5 of the DSU by Mexico ": the DSB adopted the 
Appellate Body Report contained in WT/DS381/AB/RW and Add.1 and the Panel Report 
contained in WT/DS381/RW and  Add.1 and Corr.1, as modifi ed by the Appellate Body 
Report , at its meeting on 3  Decem ber 2015 (WT/DSB/M/371). The following delegations 
made statements: the United  States and Mexico.  
 "European  Communities – Definitive Anti -Dumping Measures on Certain Iron or Steel 
Fasteners from China: Recourse to Article  21.5 of the DSU by China ": the DSB  adopted the 
Appellate Body Report contained in WT/DS397/AB/RW and Add.1 and the Panel Report 
contained in WT/DS397/RW and Add.1, as modified by the Appell ate Body Report , at its 
meeting o n 12  February  2016 (WT/DSB/M/374 ). The following delegations made 
statements: China, the European  Union and the United  States.  
 "Argentina – Measures Relating to Trade in Goods and Services": the DSB adopted the 
Appellate Body Report contained in WT/DS453/AB/R and Add.1 and the Panel Report 
contained in WT/DS453/R and Add.1 , as modified by the Appell ate Body Report at its 
meeting on 9  May 2016 (WT/DSB/M/ 378). The following delegations made statements: 
Argentina, Panama, the United  States and Canada.  
 "Colombia – Measures Relating to the Importation of Textiles, Apparel and Fo otwear": the 
DSB adopted the Appellate Body Report contained in WT/DS461/ AB/R and Add.1 and the 
Panel Report contained in WT/DS461/ R and Add.1, as modified by the Appellate Body Report 
at its meeting on 22  June 2016 (WT/DSB/M/380). The following delegation s made 
statements: Panama and Colombia.  
 "Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products": the DSB 
adopted the Panel Report contained in WT/DS485/R, Add.1 , Corr.1  and 2 at its meeting on 
26 September  2016 (WT/DSB/M/385). The fo llowing delegations made statements: the 
European  Union, the Russian  Federation and Ukraine.  
 "United  States – Anti-Dumping and Countervailing Measures on Large Residential Washers 
from Korea": the DSB adopted the Appellate Body Report contained in WT/DS464 /AB/R and 
Add.1 and the Panel Report contained in WT/DS464/R and Add.1, as modified by the WT/DSB/W/577  
 
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  Appellate Body Report at its meeting on 26  September  2016 (WT/DSB/M/385). The 
following delegations made statements: Korea, the United  States, Canada, China and Braz il. 
6  STATEMENTS OF INTENT IONS IN RESPECT OF I MPLEMENTATION PURSUA NT TO 
ARTICLE  21.3 OF THE DSU  
6.1.  The DSB took note of Members' statements of intentions with respect to implementation of 
the DSB recommendations and rulings in connection with three  disputes:  
 "China – Measures Imposing Anti -Dumping Duties on High -Performance Stainless Steel 
Seamless Tubes ( 'HP-SSST ') from Japan" and "China – Measures Imposing Anti -Dumping 
Duties on High -Performance Stainless Steel Seamless Tubes ( 'HP-SSST ') from the 
European  Union": China informed the DSB of its intentions in respect of implementation of 
the recommendations and rulings of the DSB in these disputes at the DSB meeting on 
25 November  2015 ( DS454/DS460; WT/DSB/M/370). The following delegations made 
statements: China, Japan and the European  Union.  
 "Colombia – Measures Re lating to the Importation of Textiles , Apparel and Footwear": 
Colombia 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 21  July 2016 
(DS461 ; WT/DSB/M/383 ). The following delegations made s tatements: Colombia and 
Panama.  
7  STATUS REPORTS ON PR OGRESS IN THE IMPLEM ENTATION OF THE 
RECOMMENDATIONS ADOP TED BY THE DSB  
7.1.  The DSB received status reports with respect to i mplementation of DSB rulings and 
recommendations during the period considered in this Report with regard to ten matters as 
follows:  
 "United  States – Section 211 Omnibus Appropriations Act of 1998": status reports by the  
United  States (WT/DS176/ 11/Add. 155 a nd 156) submitted at the DSB meetings held on 
25 November  2015 (WT/DSB/M/370) and  25 January  2016 (WT/DSB/M/373). In the course 
of the year, the  following Members made statements on this matter: the United  States 
(2 times), the  European  Union ( 2), Angola (2), Argentina (2), the Bolivarian Republic 
of Venezuela ( 2), Brazil ( 2), China ( 2), Cuba (2), the Dominican  Republic ( 1), Ecuador ( 2), 
El Salvador (2), India ( 2), Jamaica (2), Mexico ( 2), Nicaragua ( 2), Peru (2),  the Plurinational 
State of Bolivia ( 2), the Russian  Federation ( 2), South Africa (1),  Trinidad and Tobago (1 ), 
Uruguay ( 2), Viet  Nam ( 2) and Zimbabwe ( 2). 
 "United  States – Anti-Dumping Measures on Certain Hot -Rolled Steel Products from Japan": 
status reports by the United  States (WT/DS184/15/Add.15 5, 156, 157, 158, 159, 160 , 161 , 
162, 163 and 164 ) submitted at the DSB meetings held on 25  November  2015 
(WT/DSB/M/370 ), 25  January  2016 (WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/375), 
23 March  2016 (WT/DSB/M/ 376), 22  April 2016 (WT/DSB/M/ 377), 23  May 2016 
(WT/DSB/M/ 379), 22  June 2016 (WT/DSB/ M/380), 21  July 2016 (WT/DSB/ M/383), 
5 September  2016 (WT/DSB/ M/384) and 26 September  2016 (WT/DSB/M/385).  In the 
course of the year, statements on this matter were made by the  United States ( 10 times ) 
and Japan ( 10). 
 "United  States – Section 110(5) of the US Copyright Act": status reports by 
the United  States (WT/DS160/24/A dd.130, 131, 132, 133, 134, 135 , 136 , 137, 138 and 
139) submitted at the DSB meetings held on 25 November  2015 (WT/DSB/M/37 0), 
25 January  2016 (WT /DSB/M/3 73), 26  February  2016 (WT/DSB/M/375), 23  March  2016 
(WT/DSB/M/ 376), 22  April 2016 (WT/DSB/M/ 377), 23  May 2016 (WT/DSB/M/ 379), 
22 June 2016 (WT/DSB/M/380) , 21  July 2016 (WT/DSB/M/383) , 5 September  2016 
(WT/DSB/M/384) and 26  September  2016 (WT/DSB/M/ 385). In the course of the year, 
statements on this matter w ere made by the  United  States ( 10 times ) and the  
European  Union ( 10). WT/DSB/W/577  
 
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   "European  Communities – Measures Affecting the Approval and Marketing of Biotech 
Products": status reports by the European  Union (WT/DS291/37/Add.93, 94, 95, 96, 97, 98 , 
99, 100 , 101 and 102 ) submitted at the DSB meetings held on 25  November  2015 
(WT/DSB/M/370 ), 25  January  2016 (WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/375), 
23 March  2016 (WT/DSB/M/ 376), 22  April 2016 (WT/DSB/M/ 377), 23  May 2016 
(WT/DSB/M/3 79), 22  June 2016 (WT/DSB/M/380) , 21  July 2016 (WT/DSB/M/383) , 
5 September  2016 (WT/DSB/M/384) and 26  September  2016 (WT/DSB/M/385). In the 
course of the year, statements on this matter were made by the E uropean  Union ( 10 times ) 
and the United  States ( 10). 
 "United  States – Anti-Dumping Measures on Certain Shrimp from Viet  Nam": status reports 
by the United  States (WT/DS404/11/Add.41, 42, 43, 44, 45, 46 , 47 and 48 ) submitted at 
the DSB meetings held on 25  November  2015 (WT/DSB/M/ 370), 25  January  2016 
(WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/375), 23  March  2016 (WT/DSB/M/ 376), 
22 April 2016 (WT/DSB/M/ 377), 23  May 2016 (WT/DSB/M/ 379), 22  June 2016 
(WT/DSB/M/380)  and 21  July 2016 (WT/DSB/M/383). In the course of the year, statement s 
on this matter w ere made by the  United  States ( 8 times ), Viet  Nam ( 8), Cuba (8) and the 
Bolivarian Republic of Venezuela ( 8). 
 "United  States – Countervailing Measures on Certain Hot -Rolled Carbon Steel Flat Products 
from India": status report s by the Uni ted States  (WT/DS436/14/Add.1, 2, 3, 4 and 5 ) were 
submitted at the DSB meetings held on 25 November  2015 (WT/DSB/M/370), 
25 January  2016 (WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/375), 23  March  2016 
(WT/DSB/M/ 376) and 22  April 2016 (WT/DSB/M/ 377). Statem ents were made by 
the United  States ( 5 times ) and India ( 5). 
 "Argentina – Measures Affect ing the Importation of Goods ": a status report by Argentina 
(WT/DS438/23 - WT/DS444/23 - WT/DS445/24) was submitted at the DSB meeting  held on 
25 January  2016 (WT/DSB/ M/373 ). Statements on this matter were made by Argentina, the 
European  Union, the United  States and Japan.  
 "United  States – Countervailing Duty Measures on Certain Products from China": status 
reports by the United  States (WT/DS437/18 , Add.1  and 2) were su bmitted at the DSB 
meetings held on 22 April 2016 (WT/DSB/M/377), 23  May 2016 (WT/DSB/M/379 ) and 
22 June 2016 (WT/DSB/M/380)  In the course of the year, statements on this matter w ere 
made by the  United  States ( 3 times ) and China ( 3). 
 "India – Measures Conc erning the Importation of Certain Agricultural Products": a status 
report by India (WT/DS430/15) was submitted at the DSB meeting held on 22 June 2016 
(WT/DS B/M/380). Statements on this matter were made by India and the United  States.  
 "United  States – Anti-Dumping Measures on Certain Shrimp from Viet  Nam": a status report 
by the United  States (WT/DS429/15) was submitted at the DSB meeting held on 
21 July 2016 (WT/DSB/M/383). Statements on this matter were made by the United  States, 
Viet Nam, the Bolivarian Republic of Venezuela and Cuba.  
8  MATTERS RAISED BY ME MBERS P URSUANT TO ARTICLE  21.6 OF THE DSU 
(SURVEILLANCE AND I MPLEMENTATION)  
8.1.  The DSB considered at several meetings the implementation of the DSB recommendations 
and rulings with respect to eight 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 25  November  2015 (WT/DSB/M/370 ), 
25 January  2016 (WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/3 75), 23  March  2016 
(WT/DSB/M/376 ), 22  April 2016 (WT/DSB/M/ 377), 23  May 2016 (WT/DSB/M/ 379), 
22 June 2016 (WT/DSB/M/380) , 21  July 2016 (WT/DSB/M/383) , 5 September  2016 
(WT/DSB/M/384)  and 26  Septem ber 2016 (WT/DSB/M/385).  In the course of the year, the WT/DSB/W/577  
 
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  following delegations made statements: the  European  Union ( 10 times ), Japan ( 10), 
Brazil  (10), Canada ( 10), India ( 7), China ( 10) and the United  States ( 10). 
 "China – Certain Measures Affecting Electr onic Payment Services" (DS413): 
the United  States raised the implementation of the DSB recommendations and rulings in this 
dispute at the DSB meetings held on 25  November  2015 (WT/DSB/M/370 ), 25 January  2016 
(WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/375),  23 March  2016 (WT/DSB/M/ 376), 
22 April 2016 (WT/DSB/M/ 377), 23  May 2016 (WT/DSB/M/ 379), 22  June 2016 
(WT/DSB/M/380) , 21 July 2016 (WT/DSB/M/383) , 5 September  2016 (WT/DSB/M/384)  and 
26 September  2016 (WT/DSB/M/385)  In the course of the year, the following  delegations 
made statements: the United  States ( 10 times) and China ( 10). 
 "Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines" (DS371): 
the Philippines raised the implementation of the DSB recommendations and rulings in this 
dispute  at the DSB meetings held on 25  November  2015 (WT/DSB/M/370 ), 25 January  2016 
(WT/DSB/M/373 ), 26  February  2016 (WT/DSB/M/3 75), 23  March  2016 (WT/DSB/M/376), 
22 April 2016 (WT/DSB/M/377), 23  May 2016 (WT/DSB/M/379 ) and 22  June 2016 
(WT/DSB/M/380).  In the co urse of the year, the following delegations made statements: 
the Philippines ( 7 times) and Thailand ( 7). 
 "United  States – Anti-Dumping Measures on Certain Shrimp from Viet  Nam" (DS429): 
Viet Nam raised the implementation of the DSB recommendations and ruli ngs in this dispute 
at the DSB meeting held on 25 January  2016 (WT/DSB/M/373 ). Viet Nam and 
the United  States made statement s. 
 "European  Communities – Definitive Anti -Dumping Measures on Certain Iron or Steel 
Fasteners from China" (DS397): the European  Union made a statement regarding its 
implementation of the DSB recommendations and rulings in this dispute at the DSB meeting 
held on 23  March  2016 (WT/DSB/M/376). The European  Union and China made statements.  
 "Peru  – Additional Duty on Imports of Certain  Agricultural Products " (DS 457): Guatemala  
raised the issue of the implementation of the DSB recommendations and rulings in this 
dispute at the DSB meeting  held on 2 2 April 2016 (WT/DSB/M/377 ). Guatemala and Peru 
made  statement s. 
 "United  States – Countervailin g Measures on Certain Hot -Rolled Carbon Steel Flat Products 
from India" (DS436): India raised the issue of the implementation of the DSB 
recommendations and rulings in this dispute at the DSB meeting s held on 22  June 2016 
(WT/DSB/M/3 80), 21  July 2016 (WT/D SB/M/383) , 5 September  2016 (WT/DSB/M/384)  and 
26 September  2016 (WT/DSB/M/385). In the course of the year, the following deleg ations 
made statements: India (4  times),  the United  States (4 ) and the  European  Union (2).  
 "India – Measures Concerning the Impor tation of Certain Agricultural Products"  (DS430) : 
The United  States raised the issue of the implementation of the DSB recommendations and 
rulings in this dispute at the DSB meeting s held on 5 September  2016 (WT/DSB/M/384) and 
26 September  2016 (WT/DSB/M/38 5). The following delegations mad e statements: the 
United  States (2  times) India (2)  the European  Union (2)  and Brazil (1).  
9  RECOURSE TO ARTICLE  21.5 OF THE DSU (COM PLIANCE PANEL)  
9.1.  Five matter s were  referred by the DSB to the compliance panel purs uant to Art icle 21.5 of 
the DSU:  
 "United  States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products": at its meeting on 22 April 2016, the DSB considered , for the first time,  a 
panel request  pursuant to Article  21.5 of the DSU  by the U nited States (WT/DS381/32;  
WT/DSB/M/ 377). The United  States, Mexico,  Guatemala,  Canada,  Japan, Korea, Australia, 
the European  Union,  Norway,  Brazil  and the Russian  Federation made statements. The DSB 
considered th is matter , for the second time, at its meet ing on 9 May 2016 (WT/DSB/M/ 378), WT/DSB/W/577  
 
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  and agreed pursuant to Article  21.5 of the DSU, to refer to the original Panel, if possible, the 
matter raised by the United  States  in document WT/DS381/32 . The United  States , Mexico 
and Chinese  Taipei made statements.  It was agreed that the Panel would have standard 
terms of reference. The following delegations reserved their third -party rights to participate 
in the Panel's proceedings: Australia, Brazil, Canada, China,  Ecuador, the European  Union, 
Guatemala, India, Japan,  Korea, New  Zealand  and Norway.  
 "China – Anti-Dumping and Countervailing Duty Measures on Broiler Products from the 
United  States": at its meeting on 22  June 2016, the DSB considered, for the first time, a 
panel request pursuant to Article  21.5 of the DSU by the United  States (WT/DS427/11 
and Corr.1 ; WT/DSB/M/380) and agreed, pursuant to Article  21.5 of the DSU, to refer to the 
original Panel, if possible, the matter raised by the United  States in document s 
WT/DS427 /11 and Corr.1. It was agreed that the Pan el would have standard terms of 
reference. The United  States and China made statements. The following delegations 
reserved their third-party rights to participate in the Panel's proceedings:  Brazil,  Ecuador,  
the European  Union and Japan.  
 "United  States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products": at its meeting on 22  June 2016, the DSB considered, for the first time, a 
panel request pursuant to Article  21.5 of the DSU by Mexico (WT/DS381/ 38; 
WT/DSB/M/380) and agreed,  pursuant to Article  21.5 of the DSU, to refer to the original 
Panel, if possible, the matter raised by Mexico in document WT/DS381/38. It was agreed 
that the Panel would have standard terms of reference. Mexico and the United  States made 
statements. The f ollowing delegations reserved their third -party rights to participate in the 
Panel's proceedings: Australia, Brazil, Canada, China,  Ecuador,  the European  Union,  
Guatemala,  Japan, Korea, New  Zealand and Norway.  
 "Thailand – Customs and Fiscal Measures on Cig arettes from the Philippines": at its meeting 
on 21  July 2016, the DSB considered, for the first time, a panel request pursuant to 
Article  21.5 of the DSU by the Philippines (WT/DS371/18; WT/DSB/M/383)  and agreed, 
pursuant to Article  21.5 of the DSU, to re fer to the original Panel, if possible, the matter 
raised by the Philippines in document WT/DS371/18. It was agreed that the Panel would 
have standard terms of reference. The Philippines and Thailand made statements. The 
following delegations reserved thir d-party rights to participate in the Panel's proceedings: 
Australia, Canada, China, the European  Union, Japan, the Russia n Federation , Singapore  and 
the United  States.  
 "United  States – Countervailing Duty Measures on Certain Products from China": at its 
meeting on 21  July 2016, the DSB considered, for the first time, a panel request pursuant to 
Article  21.5 of the DSU by China (WT/DS437/21; WT/DSB/M/383) and agreed, pursuant to 
Article  21.5 of the DSU, to refer to the original Panel, if possible, the matter  raised by China 
in document WT/DS437/21. It was agreed that the Panel would have standard terms of 
reference. China and the United  States made statements. The following delegations reserved 
third-party rights to participate in the Panel's proceedings: Aus tralia, Canada, the 
European  Union, India, Japan, Korea, the Russia n Federation  and Viet  Nam.  
10  RECOURSE TO ARTICLE  22 OF THE DSU ( COMPENSATION AND SUS PENSION OF 
CONCESSIONS)  
10.1.   Two matters raised in the DSB had been authorized for the suspension of concessions  or 
other obligations under Article  22.7 of the DSU , and two matter s had been referred to arbitration 
under Article  22.6 of the DSU : 
 "United  States – Certain Country of Origin Labelling (COOL) Requirements": at the DSB 
meeting on 21  December  2015, pursuant  to the requests by Canada and Mexico under 
Article  22.7 of the DSU contained in documents WT/DS384/38 and WT/DS386/39, 
respectively, the DSB agreed to grant authorization to suspend the application to the 
United  States of tariff concessions or other oblig ations consistent with the Arbitrator's 
Decisions contained in documents WT/DS384/ARB  and WT/DS 386/ARB, respectively . The WT/DSB/W/577  
 
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  representatives of Canada, Mexico, the United  States,  the European  Union, Australia, Japan 
and Korea made statements  (WT/DSB/M/372).  
 "United  States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products": at the DSB meeting on 23  March  2016, following Mexico's request under 
Article  22.2 of the DSU contained in document WT/DS381/29 , the matter raised by the 
United States in document WT/DS381/30 has been referred to arbitration, as required by 
Article  22.6 of the DSU. The following delegations made statements: Mexico, the 
United  States, the European  Union, Canada, Japan and Argentina (WT/DSB/M/376).  
 "India – Measures Concerning the Importation of Certain Agricultural Products": at the DSB 
meeting on 19  July 2016, following the US request under Article  22.2 of the DSU contained 
in document WT/DS430/16, the matter raised by India in document WT/DS430/17 has been 
referred to arbitration, as required by Article  22.6 of the DSU. The following delegations 
made statements: the United  States, India, the European  Union, Canada and Japan 
(WT/DSB/M/382).  
11  OTHER MATTERS  
11.1.   The DSB also consid ered a variety of other matters:  
11.2.    At the DSB meetings held on 25 November  2015 (WT/DSB/M/370), 25  January  2016 
(WT/DSB/M/37 3), 26  February  2016 (WT/DSB/M/3 75), 23  March  2016 (WT/DSB/M/376), 
22 April 2016 (WT/DSB/M/377), 23  May 2016 (WT/DSB/M/379 ), 22 June 2016 (WT/DSB/M/380) , 
21 July 2016 (WT/ DSB/M/383) , 5 September  2016 (WT/DSB/M/384) and 26  September  2016 
(WT/DSB/M/385) in keeping with the undertaking made by the Director -General to the DSB in 
October  2015 that there will be more transparency about the dispute settlement workload , the 
Chairma n reported  to the DSB  on the Appellate Body's workload, the number of disputes in the 
panel queue and at the panel composition stage, and the ability of the Secretariat to meet 
expected demand . At the 25 November  2016 meetin g Korea also made a statement un der this 
Agenda item.  
11.3.   At the DSB meeting held on 26  February  2016, Cuba made a statement  concerning the 
dispute: "United  States – Section 211 Omnibus Appropriations Act of 19 98" (DS176). The following 
delegations made statements : Cuba, the Plurinational St ate of Bolivia, China,  Jamaica, Nicaragua,  
Ecuador, India, the Russian  Federation,  Angola, Zimbabwe, Brazil, El  Salvador, Viet  Nam, Uruguay, 
Canada, Mexico, Argentina, Peru, the United  States, the European  Union and the Bolivarian 
Republic of Venezuela (WT/DSB/M/375).  
11.4.   At the DSB meeting held on 23  March  2016, the European  Union informed the DSB of its 
implementation of the DSB's recommendations in the dispute: "European  Communities – Definitive 
Anti-Dumping Measures on Certain Iron or Steel Fasteners from C hina" (DS397). The following 
delegations made statements: the European  Union and  China (WT/DSB/M/ 376). 
11.5.   At the DSB meeting held on 2 3 May 2016,  prior to the adoption of the Agenda, India raised 
a matter concerning the dispute: "United  States - Countervailin g Measures on Certain Hot -Rolled 
Carbon Steel Flat Products from India"  (DS436) . The following delegations made statements: 
India, the United  States and the European  Union  (WT/DSB/M/ 379). 
11.6.   At the DSB meeting held on 22  June 2016, Canada made a statement reg arding the 
practices and procedures in the conduct of the WTO disputes. Canada said that it was proposing a 
different approach to developing new practices and procedures in the conduct of WTO disputes in 
response to both the workload challenges that are ca using delays and taking into account the 
deadlock in efforts to modify formally the DSU. The following delegations made statements under 
this Agenda item: Canada, Switzerland, Australia, Chinese  Taipei, New  Zealand, Brazil, 
the European  Union, Guatemala, C hile, China, India, Mexico, Costa Rica, Korea, Indonesia, 
Argentina, Panama, Nigeria, the United  States, Viet  Nam, Singapore, Honduras, Uruguay, Norway, 
Peru, Japan, Hong  Kong, China; Colombia and Ukraine (WT/DSB/M/380).  At the DSB meeting held 
on 21  July 2016, Canada raised again the matter related to a mechanism for developing, 
documenting and sharing practices and procedures in the conduct of the WTO disputes and 
presented Job documents concerning this matter (J OB/DSB/1 , Add.1 , 2, 3, 4 and  5). The follow ing WT/DSB/W/577  
 
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  delegations made statements under this Agenda item:  Canada, the European  Union, Japan, 
Guatemala, Australia, Switzerland, Norway, the United  States, Singapore, Hong  Kong, China; 
Colombia, Brazil, New  Zealand, the Dominican  Republic, Chile, Korea, China , El Salvador, 
the Russia n Federation , India and Argentina  (WT/DSB/M /383).  
11.7.   At the DSB meeting held on 5  September  2016, China informed the DSB of its 
implementation of the DSB's recommendations in the disputes: "China – Measures Imposing 
Anti-Dumping Dutie s on High -Performance Stainless Steel Seamless Tubes ('HP-SSST') from 
Japan" (DS454) and "China – Measures Imposing Anti -Dumping Duties on High -Performance 
Stainless Steel Seamless Tubes ('HP-SSST') from the European  Union" (DS460). The following 
delegatio ns made statements: China, Japan and the European  Union (WT/DSB/M/384).  
11.8.   At the DSB meeting held on 26  September  2016, Argentina made an announcement 
regarding a seminar entitled: "WTO Dispute Settlement System from a Latin American 
Perspective", which had been organized by Argentina, Brazil, Colombia, Guatemala and Mexico in 
the context of the 2016 WTO Public Forum (WT/DSB/M/385).  
12  CONCLUSION  
12.1.   This brief overview demonstrates that during the period from 25  November  2015 through 
26 September  2016, the DSB was called upon to consider a variety of significant matters and took 
a number of important decisions. As set out in detail above, the DSB agreed to reappoint 
Messrs.  Ujal Si ngh Bhatia and Thomas R. Graham for a second four -year term of office , 
respectively,  starting on 11  December  2015. The DSB approved a total of eight new nominations 
proposed for inclusion on the Indicative List of Governmental and Non -Governmental Panelists. It 
established five Panels in accor dance with Article  6 of the DSU  and five matters  were referred to 
the compliance Panel pursuant to Article 21.5 of the DSU. The DSB  adopted six Panel Reports and 
five Appellate Body Reports. Two matters raised in the DSB had been referred to arbitratio n under 
Article  22.6 of the DSU, and two matters had  been authorized for the suspension of concessions or 
other obligations under Article  22.7 of the DSU. As part of its surveillance function, the DSB 
considered status reports on implementation with regard to  ten matters.  
12.2.   This report underscores that the WT O dispute settlement mechanism is operating at a very 
high level of activity. This is positive in that it demonstrates Members' continuing confidence in the 
system, but it is also presenting challenges in coping with the resultant workload.  
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