WT/DSB/61  
 
1 November 2013  
(13-6009)  Page: 1/12  
    
 
 DISPUTE SETTLEMENT BODY 
ANNUAL REPORT (2013) 
The Report was prepared pursuant to the Procedur es 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) in the period since its previous Annual Report.1   
 
In carrying out its tasks, the DSB held 13 meetin gs since the period covered by the previous 
Report. The minutes of these meetings, which rema in the record of the DSB's work, are contained 
in documents WT/DSB/M/326 – WT/DSB/M/3382 a n d  s h o u l d  b e  r e a d  i n  c o n j u n c t i o n  w i t h  t h i s  
Report. The overview of the state of play  of WTO disputes since 1 January 1995 to 
30 September 2013 prepared by the Secretariat on its own responsibility is included in 
Addendum 1 to this Report.    
The following matters are included in this Report: 
 
Table of Contents 
1   ELECTION OF CHAIRPERSON ....................................................................................... 2
 
2   APPOINTMENT/REAPPOINTMENT OF APPELLATE BO DY MEMBERS ............................. 2  
3   INDICATIVE LIST OF GOVERNME NTAL AND NON-GOVERNMENTAL PANELISTS ........... 3  
4   ADOPTION OF THE 2013 DRAFT ANNUAL REPORT OF THE DISPUTE 
SETTLEMENT BODY .......................................................................................................... 4  
5   THE DS DIGITAL REGISTRY INITIATIVE ...................................................................... 4  
6   ESTABLISHMENT OF PANELS AND REQUESTS FOR ESTABLISHMENT OF 
PANELS ........................................................................................................................ .... 4 
7   ADOPTION OF APPELLATE  BODY/PANEL REPORTS ..................................................... 7  
8   STATEMENTS OF INTENTIONS IN RESPECT OF IMPLEMENTATION PURSUANT 
TO ARTICLE 21.3 OF THE DSU .......................................................................................... 7  
9   STATUS REPORTS ON PROGRESS IN THE IMPLEMENTATION OF THE 
RECOMMENDATIONS ADOP TED BY THE DSB .................................................................... 7  
10   MATTERS RAISED BY MEMBERS PU RSUANT TO ARTICLE 21.6 OF THE DSU 
(SURVEILLANCE AND IMPLEMENTATION) ...................................................................... 10  
11   RECOURSE TO ARTICLE 21.5 OF THE DSU (COMPLIANCE PANEL) ............................ 10  
12   RECOURSE TO ARTICLE 22 OF THE DSU (COMPENSATION AND SUSPENSION 
OF CONCESSI ONS) ......................................................................................................... 11  
13   OTHER MATTERS ..................................................................................................... 11  
14   CONCLUSION ........................................................................................................... 12  
                                               
1 WT/DSB/58. 
2 The present report includes activities that  took place during me etings of the DSB from 
30 November 2012 through 22 October 2013. WT/DSB/61 
 
- 2 - 
 
   
1  ELECTION OF CHAIRPERSON 
1.1.  At its meeting on 27 February 2013, the DSB elected by acclamation H.E. Mr. Jonathan Fried 
(Canada) as Chairman of the DSB (WT/DSB/M/329). 
2  APPOINTMENT/REAPPOINTMENT OF APPELLATE BODY MEMBERS 
2.1.  Regarding the reappointment of Mr. Ricardo Ramírez Hernández: 
 At the DSB meeting on 17 December 2012, the Chairman informed delegations that the first 
four-year term of office of Mr. Ricardo Ramí rez Hernández, Appellate Body member, would 
expire at the end of June 2013 and that Mr . Ramírez had expressed his willingness and 
interest to be reappointed for a second term. The Chairman indicated that it was his intention to consult informally on this matter (WT/DSB/M/327). 
 
 The Chairman reported to delegations at the DSB meeting on 28 January 2013 that his 
consultations regarding reappointment were ongoing and invited Members to contact him 
directly for consultations on this matter (WT/DSB/M/328). At the DSB meeting on 27 February 2013, the Chairman informed delega tions that consensus was likely to emerge 
on the issue of possible reappointment and, therefore, the matter would be placed for a 
decision by the DSB on the Agenda of the March DSB meeting (WT/DSB/M/329). At its meeting on 26 March 2013, the DSB considered this matter and agreed to reappoint Mr. Ramírez for a second four-year term of office, starting on 1 July 2013 (WT/DSB/M/330). 
 
2.2.  Regarding the appointment/reappointment of Appellate Body members: 
 The Chairman circulated a proposal by fax on 12 April 2013 that was considered by the DSB 
at its meeting on 24 April 2013. In light of the comments received by delegations on the 
text of the proposal, the Chairman undertook to circulate a revised text reflecting the 
comments received (WT/DSB/M/331). A revised text in the form of a draft decision was 
circulated on 14 May 2013. 
 
 At its meeting on 24 May 2013, the DSB agreed to the revised draft decision which was set 
out in the fax of 14 May 2013 (WT/DSB/M/332). Subsequently, the text of the decision was 
circulated in document WT/DSB/60. As stipul ated in the draft decision, the DSB decided, 
inter alia : (i) to launch the selection process for one position in the Appellate Body; (ii) to 
establish a Selection Committee, consistent with the procedures set out in WT/DSB/1, to carry out the selection process; (iii) to set a deadline of 30 August 2013 for Members' nominations of candidates for one position in the Appellate Body while encouraging 
Members to submit nominations as early as possible and to use best efforts to do so by 
31 July 2013, and (iv) to request the Selection Committee to carry out its work in September/October 2013 in order to make its recommendation to the DSB by no later than 
7 November 2013, so that the DSB can take a fina l decision on this matter at the latest at 
its regular meeting in November 2013.    
 At the DSB meeting on 23 July 2013, the Chairman made a statement to remind delegations 
about the deadline for nominations of candidates to the Appellate Body. He noted that, thus far, one nomination had been received by the Secretariat, and urged delegations to come 
forward with nominees as early as possible (WT/DSB/M/334). 
 
 At the DSB meeting on 30 August 2013, the Ch airman informed delegations that by the 
30 August deadline for nominations of candidates for the Appellate Body, four candidates, in 
total, had been nominated by Australia, Cameroon, Egypt and Kenya. He said that he would 
meet with the members of the Selection Committee to discuss the process and to agree on 
the timetable for interviews and consultations with delegations. Subsequently, he would inform delegations by fax regarding these matters (WT/DSB/M/336).  WT/DSB/61 
 
- 3 - 
 
   At the DSB meeting on 25 September 2013, the Chairman informed delegations that, as set 
out in his fax, the interviews by the Selection Committee of all four ca ndidates would be held 
on 21 October 2013, and that on 24, 25 and 28 October 2013, the Committee would meet, upon request, with interested delegations to hear their views on the candidates. 
Alternatively, delegations could also send comments in writing to the Chair of the DSB by 
31 October 2013 (WT/DSB/M/337).   
 At the DSB meeting on 22 October 2013, the Chairman informed delegations that the 
interviews by the Selection Committee of the four candidates had been held on 21 October 2013. He reminded delegations that the Committee would meet, upon 
request, with interested delegations to hear their views on candidates on 24, 25 and 
28 October 2013. He invited delegations to send written comments on the candidates, by 31 October 2013, should they wish to do so. Following interviews and consultations 
with delegations, the Committee would make its recommendation to the DSB no later 
than 7 November 2013 in order to be considered by the DSB at its meeting on 25 November 2013 (WT/DSB/M/338). 
2.3.   Regarding the possible reappointment of Mr. Peter Van den Bossche for a second four-year 
term: 
 The Chairman informed delegations at its m eeting on 25 June 2013 that, pursuant to the 
DSB decision in WT/DSB/60, he had begun consultations on the possible reappointment, and 
invited delegations with views on this matte r to contact him directly (WT/DSB/M/333). At 
the DSB meeting on 23 July 2013 (WT/DSB/M334), the Chairman informed delegations that 
he continued to consult on the possible reappointment of Mr. Van den Bossche. At the DSB 
meeting on 30 August 2013, the Chairman reiterated that he continued his consultations on the possible reappointment of Mr. Van den Bossche (WT/DSB/M/336). At the DSB meeting 
on 25 September 2013, the Chairman said that his consultations on the possible 
reappointment of Mr. Van den Bossche were ongoing and that he would report back to delegations on the results of his consultations (WT/DSB/M/337). At the DSB meeting on 22 October 2013, the Chairman reiterated that his consultations on the possible 
reappointment of Mr. Van den Bossche continued.  In this regard, he said that he had met 
with many key delegations and invited those delegations who still had views on this matter to contact him directly by 31 October 2013 (WT/DSB/M/338). 
 
2.4.  Currently, the Appellate Body is composed of the following members (in alphabetical order): 
Mr. Ujal Singh Bhatia (India), Mr. Seung Wha Chang (Korea), Mr. Thomas Graham (US), Mr. Ricardo Ramírez-Hernández (Mexico), Mr. David Unterhalter (South Africa), Mr. Peter Van den 
Bossche (Belgium) and Ms. Yuejiao Zhang (China). 
3  INDICATIVE LIST OF GOVERNMENT AL AND NON-GOVERNMENTAL PANELISTS 
3.1.  The DSB approved a total of 25 new nominations for inclusion on the Indicative 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/495, WT/DSB/W/497, WT/DSB/W/500, WT/DSB/W/503, WT/DSB/W/505, WT/DSB/W/512 and WT/DSB/W/514. The DSB approved these 
nominations at its meetings on 17 December 2012 (WT/DSB/M/327), 28 January 2013 
(WT/DSB/M/328), 26 March 2013 (WT/DSB/M/330), 24 May 2013 (WT/DSB/M/332), 25 June 2013 (WT/DSB/M/333), 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). 
3.2.  During the period under review, new names were added to the Indicative List by Members as 
follows: (i) Argentina – Mr. Arístides H. M. Corti,  Ms. Beatriz I. Montoya, Mr. Fernando B. Nuñez, 
Mr. Germán A. Pizzano, Mr. Adrián Serra; (ii) Djibouti – Mr. Alain Piquemal; (iii) the European Union – Mr. Karsten Vagn Nielsen, Ms. Laura Nielsen, Ms. Birgitte Egelund Olsen, Mr. Steffen 
Smidt (Denmark); Mr. Vesa Himanen (Finland); Mr. Pierre Monnier, Mr. François Riegert, 
Mrs. Hélène Ruiz-Fabri (France); Mr. Raimondas Alisauskas (Lithuania); Mr. Otto Genee (Netherlands); (iv) Japan – Mr. Ishige Hiroyuki, Mr. Kometani Kazumochi, Mr. Saito Koji; 
(v) Malaysia – Mrs. Hiswani Harun, Mr. Merlyn Kasimir, Mr. Muhammad Noor Yacob; (vi) Panama – 
Mr. Francisco Alvarez De Soto, and (vii) Switzerl and – Ms. Monica Mächler, Mr. Daniel Zulauf. WT/DSB/61 
 
- 4 - 
 
  4  ADOPTION OF THE 2013 DRAFT ANNUAL REPORT OF THE DISPUTE SETTLEMENT BODY 
4.1.  At its meeting on 22 October 2013, the DS B adopted the draft Annual Report of the DSB for 
2013 contained in document WT/DSB/W/508 and Add.1 on the understanding that it would be 
further updated by the Secretariat in order to include the actions taken by the DSB at its October meeting. The updated Report would be submitted for consideration by the General Council at its 
meeting in November 2013 and would subsequently be forwarded to the 9
th Ministerial Conference 
to be held in Bali in December 2013, which would undertake the annual overview of WTO activities (WT/DSB/M/338). 
5  THE DS DIGITAL REGISTRY INITIATIVE 
5.1.  At the DSB meeting on 17 December 2012, the Chairman, at the request of several 
delegations, invited the Director of the Legal Affa irs Division, Ms. Valerie Hughes, to make a report 
to Members on progress in the Digital DS Re gistry Initiative (WT/DSB/M/327). Progress was 
reported with respect to all three elements of the project, namely: (i) development of a central 
electronic storage facility for all dispute settlement records; (ii) design of a research facility for Members and the Secretariat to search for dispute settlement information, and (iii) creation of a 
secure electronic registry for filing and serving dispute settlement documents on line. The 
Secretariat noted that the Working Group of Memb ers had made useful suggestions on the design 
and features of the digital registry system, in cluding with respect to ensuring security of 
information uploaded into the system. Progress was also reported with respect to cataloguing and 
scanning of old dispute settlement records that will be uploaded into the storage and research facility. 
6  ESTABLISHMENT OF PANELS AND REQUESTS FOR ESTABLISHMENT OF PANELS 
6.1.  During the period under review, the DSB established 11 Panels in accordance with Article 6 of 
the DSU and one single Panel in accordance with Article 9.1 of the DSU. These actions are described below with reference to each of the disputes in question. 
 "United States – Countervailing and Anti-Dum ping Measures on Certain Products from 
China": At its meeting on 30 November 2012, the DSB considered, for the first time, China's 
panel request (WT/DS449/2; WT/DSB/M/326). China and the United States made 
statements. The DSB considered this matter, for the second time, at its meeting on 17 December 2012 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/327). China and the 
United States made statements. Australia, Canada, the European Union, India Japan, 
Russia, Turkey and Viet Nam reserved their third-party rights to participate in the Panel's proceedings.  
 "Argentina – Measures Affecting the Importation of Goods": The DSB considered, for the 
first time, the panel requests by the Euro pean Union, the United States and Japan 
at its meeting on 17 December 2012 (WT/DS438/11 – WT/DS444/10 – WT/DS445/10; 
WT/DSB/M/327). The European Union, the United States, Japan and Argentina made statements. The DSB considered these matters, for the second time, at its meeting on 28 January 2013 and agreed to establish a single panel pursuant to Article 9.1 of the DSU 
with standard terms of reference to examine the complaints by the European Union, the 
United States and Japan (WT/DSB/M/328). The European Union, the United States, Japan and Argentina made statements. Australia, Cana da, China, Ecuador, the European Union, 
Guatemala, India, Israel, Japan, Korea, Norw ay, Saudi Arabia, Switzerland, Chinese Taipei, 
Thailand, Turkey and the United States reserved their third-party rights to participate in the Panel's proceedings.  
 "United States – Measures Affecting the Impo rtation of Animals, Meat and Other Animal 
Products from Argentina": The DSB considered, for the first time, Argentina's panel request at its meeting on 17 December 2012 (WT/DS447/2; WT/DSB/M/327). Argentina and the 
United States made statements. The DSB considered this matter, for the second time, at its 
meeting on 28 January 2013 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/328). 
Argentina and the United States made statements. Australia, Brazil, China, the WT/DSB/61 
 
- 5 - 
 
  European Union, India and Korea reserved their third-party rights to participate in the 
Panel's proceedings.  
 "United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": The DSB 
considered, for the first time, Viet Nam's panel request at its meeting on 28 January 2013 
(WT/DS429/2/Rev.1 and Corr.1; WT/DSB/M/328). Viet Nam and the United States made 
statements. The DSB considered this matter, for the second time, at its meeting on 27 February 2013 and agreed to establish a pane l in accordance with the provisions of 
Article 6 of the DSU with standard terms of reference (WT/DSB/M/329). Viet Nam and the 
United States made statements. China, Ecuador, the European Union, Japan, Norway and Thailand reserved their third-party rights to participate in the Panel's proceedings. 
 "Indonesia – Importation of Horticultural Products, Animals and Animal Products": The DSB 
considered, for the first time, the US panel request at its meeting on 26 March 2013 
(WT/DS455/7; WT/DSB/M/330). The United States, Indonesia, Canada and the 
European Union made statements. The DSB considered this matter, for the second time, at 
its meeting on 24 April 2013 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/331). The 
United States and Indonesia made statements. Argentina, Australia, Canada, China, the 
European Union, Japan, Korea, New Zealan d, Paraguay, Chinese Taipei and Thailand 
reserved their third-party rights to participate in the Panel's proceedings.  
 "China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel 
Seamless Tubes (HP-SSST) from Japan": The DSB considered, for the first time, Japan's 
panel request at its meeting on 24 April 2013 (WT/DS454/4; WT/DSB/M/331). Japan and 
China made statements. The DSB considered this matter, for the second time, at its meeting 
on 24 May 2013 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/332). Japan and China 
made statements. The European Union, India, Korea, Russia, Saudi Arabia, Turkey and the 
United States reserved their third-party rights to participate in the Panel's proceedings. 
 "European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from 
Indonesia": The DSB considered, for the first ti me, Indonesia's panel request at its meeting 
on 24 May 2013 (WT/DS442/2; WT/DSB/M/332). Indonesia and the European Union made statements. The DSB considered this matter, for the second time, at its meeting on 
25 June 2013 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/333). Indonesia and the European Union made statements. India, Korea, Malaysia, Thailand, Turkey and the United States reserved their third-party rights to participate in the Panel's proceedings.  
 "Argentina – Measures Relating to Trade in Goods and Services": The DSB considered, for 
the first time, Panama's panel request at its meeting on 24 May 2013 (WT/DS453/4; 
WT/DSB/M/332). Panama and Argentina made statements. The DSB considered this matter, 
for the second time, at its meeting on 25 June 2013 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/333). Panama and Argentina made statements. Australia, Brazil, China, 
Ecuador, the European Union, Guatemala, Ho nduras, India, Oman, Saudi Arabia, Singapore 
and the United States reserved their third-party rights to participate in the Panel's proceedings.  
 "Peru – Additional Duty on Imports of Certain Agricultural Products": The DSB considered, 
for the first time, Guatemala's panel request at its meeting on 25 June 2013 (WT/DS457/2; 
WT/DSB/M/333). Guatemala and Peru made statements. The DSB considered this matter, 
for the second time, at its meeting on 23 July 2013 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/334). Guatemala and Peru made statements. Argentina, Brazil, China, 
Colombia, Ecuador, El Salvador, the European Union, Honduras, India, Korea and the United States reserved their third-party rights to participate in the Panel's proceedings.  WT/DSB/61 
 
- 6 - 
 
   "China – Measures Imposing Anti-dumping Duties on High-Performance Stainless Steel 
Seamless Tubes (HP-SSST) from the European Union": The DSB considered, for the first 
time, the European Union's panel request at its meeting on 30 August 2013 (WT/DS460/4; WT/DSB/M/336), and agreed to establish a panel in accordance with the provisions of 
Article 6 of the DSU, with standard terms of reference. The European Union, China and 
Japan made statements. India, Korea, Japan, the Russian Federation, Saudi Arabia, Turkey and the United States reserved their third-party rights to participate in the Panel's 
proceedings.  
 "Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear": The 
DSB considered, for the first time, Panama's panel request at its meeting on 30 August 2013 
(WT/DS461/3; WT/DSB/M/336). Panama and Colombia made statements. The DSB 
considered this matter, for the second time, at its meeting on 25 September 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/337). Panama and Colombia made statements. China, 
El Salvador, Ecuador, the European Union, Guatemala, Honduras, the Philippines and the United States reserved their third-party rights to participate in the Panel's proceedings.   
 "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other 
Plain Packaging Requirements Applicable to  Tobacco Products and Packaging": The DSB 
considered, for the second time, Honduras' panel request at its meeting on 
25 September 2013 (WT/DS435/16; WT/DSB/M/337), and agreed to establish a panel in 
accordance with the provisions of Article 6 of  the DSU, with standard terms of reference. 
Honduras, Australia, the European Union, Ukraine, the Dominican Republic, Guatemala, the 
United States, Cuba, Indonesia, China, New Zealand, Panama, Japan, El Salvador, the 
Philippines, Mexico, Brazil, India, Costa Rica, Nicaragua, Argentina, Chile, Canada, Thailand, 
Ecuador, Zimbabwe and Venezuela made statements. The following delegations reserved 
their third-party rights to participate in the Panel's proceedings: Argentina, Brazil, Canada, 
Chile, China, Cuba, the Dominican Republic, the European Union, Guatemala, India, Indonesia, Japan, Korea, Malawi, Malaysia, Mexico, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, the Philippines, Singap ore, South Africa, Chinese Taipei, Thailand, 
Turkey, Ukraine, the United States, Uruguay, Zambia and Zimbabwe. 
6.2.  The following four panel requests were considered by the DSB for the first time: 
 "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other 
Plain Packaging Requirements Applicable to  Tobacco Products and Packaging": The DSB 
considered, for the first time, the Dominican Republic's panel request at its meeting on 17 December 2012 (WT/DS441/15; WT/DSB/M/327). The Dominican Republic, Australia, 
Honduras, New Zealand, Uruguay, Norway, Ukra ine, Trinidad and Tobago, Cuba, Zimbabwe 
and Nicaragua made statements. No further action by the DSB had taken place with regard to this dispute at the time of writing this Report.  
 "European Union and a member State – Certain Measures Concerning the Importation of 
Biodiesels": The DSB considered, for the first time, Argentina's panel request at its meeting 
on 17 December 2012 (WT/DS443/5; WT/DSB/M/327). Argentina and the European Union 
made statements. No further action by the DSB had taken place by the time of writing this Report. 
 "United States – Measures Affecting the Importation of Fresh Lemons": The DSB considered, 
for the first time, Argentina's panel request at its meeting on 17 December 2012 
(WT/DS448/2; WT/DSB/M/327). Argentina and the United States made statements. No 
further action by the DSB had taken place by the time of writing this Report. 
 "Russian Federation – Recycling Fee on Motor Vehicles": The DSB considered, for the first 
time, the European Union's panel request at its meeting on 22 October 2013 (WT/DS462/8; 
WT/DSB/M/338). The European Union and the Russian Federation made statements. No 
further action by the DSB had taken place by the time of writing this Report.    
 WT/DSB/61 
 
- 7 - 
 
  7  ADOPTION OF APPELLATE BODY/PANEL REPORTS 
7.1.  During the period covered by this Report, the DSB adopted four Panel Reports and two 
Appellate Body Reports. 
 "China – Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the 
European Union": The DSB adopted the Panel Report in this dispute contained in 
WT/DS425/R and Add.1 at its meeting on 24 April 2013 (WT/DSB/M/331). The European Union, China and the United States made statements.  
 "Canada – Certain Measures Affecting the Re newable Energy Generation Sector/Canada – 
Measures Relating to the Feed-In Tariff Pr ogram": The DSB adopte d the Appellate Body 
Reports contained in WT/DS412/AB/R – WT/DS426/AB/R and the Panel Reports contained in 
WT/DS412/R and Add.1 – WT/DS426/R and Add.1, as modified by the Appellate Body 
Reports in these disputes at its meeting on 24 May 2013 (WT/DSB/M/332). Japan, the European Union, Canada, the United States, China, Australia and Korea made statements. 
 "China – Anti-Dumping and Countervailing Duty Measures on Broiler Products from the 
United States": The DSB adopted the Panel Report in this dispute contained in WT/DS427/R 
and Add.1 at its meeting on 25 September 20 13 (WT/DSB/M/337). The United States, China 
and Korea made statements.  
8  STATEMENTS OF INTENTIONS IN RESPECT OF IMPLEMENTATION PURSUANT TO 
ARTICLE 21.3 OF THE DSU 
8.1.  The DSB took note of Members' intentio ns with respect to implementation of the DSB 
recommendations and rulings in connection with five disputes.  
 "China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical 
Steel from the United States": China informed  the DSB of its intentions in respect of 
implementation of the recommendations and rulin gs of the DSB in this dispute at the DSB 
meeting on 30 November 2012 (DS414; WT/DSB/M/326). China and the United States 
made statements. 
 "China – Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the 
European Union": China 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 24 May 2013 (DS425; WT/DSB/M/332). China and the European Union made statements.  
 "Canada – Certain Measures Affecting the Renewable Energy Generation Sector/Canada –
Measures Relating to the Feed-In Tariff Program" : Canada informed the DSB of its intentions 
in respect of implementation of the recommendations and rulings of the DSB in these 
disputes at its meeting on 25 June 2013 (DS412-DS426; WT/DSB/M/333). Canada, the 
European Union and Japan made statements.  
 "China – Anti-Dumping and Countervailing Duty Measures on Broiler Products from the 
United States": China 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 22 October 2013 (DS427; WT/DSB/M/338). China and the United States made statements.  
9  STATUS REPORTS ON PROGRESS IN THE IMPLEMENTATION OF THE 
RECOMMENDATIONS ADOPTED BY THE DSB 
9.1.  The DSB received status reports with respect to implementation of DSB rulings and 
recommendations during the period considered in th is Report with regard to 14 matters as follows: 
 "United States – Section 211 Omnibus Appropriations Act of 1998": status reports by the 
United States (WT/DS176/11/Add.121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131) 
submitted at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), WT/DSB/61 
 
- 8 - 
 
  28 January 2013 (WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 
(WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 
25 June 2013 (WT/DSB/M333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 
(WT/DSB/M/336), 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). In the course of the year, the following Members made statements on this 
matter: the United States (11 times), the European Union (11), Angola (2), Argentina (11), 
the Bolivarian Republic of Venezuela (11), Br azil (11), Chile (2), China (11), Cuba (11), 
Dominica, on behalf of Antigua and Barbuda (1), the Dominican Republic (7), Ecuador (10), 
El Salvador (4), India (11), Mexico (11), Nicaragua (8), the Plurinational State of Bolivia (8), 
South Africa (6), Uruguay (5), Viet Nam (11) and Zimbabwe (3). 
 "United States – Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan": 
status reports by Japan (WT/DS184/15/Add.121, 122, 123, 124, 125, 126, 127, 128, 129, 
130, 131) submitted at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/32 8), 27 February 2013 (WT/DSB/M/329), 26 March 2013 
(WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 
25 June 2013 (WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M/336) 25 September 2013 (WT/DSB/M/337) and 22 October 2013 
(WT/DSB/M/338). In the course of the year, statements on this matter were made by the 
United States (11 times) and Japan (11). 
 "United States – Section 110(5) of the US Copyright Act": status reports by the 
United States (WT/DS160/24/Add.96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106) 
submitted at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 
(WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 
25 June 2013 (WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M/336) 25 September 2013 (WT/DSB/M/337) and 22 October 2013 
(WT/DSB/M/338). In the course of the year, statements on this matter were made by the 
United States (11 times) and the European Union (11). 
 "European Communities – Measures Affectin g the Approval and Marketing of Biotech 
Products": status reports by the EU (WT/DS291/37/Add.59, 60, 61, 62, 63, 64, 65, 66, 67, 
68, 69) submitted at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 
(WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 
25 June 2013 (WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M336) 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). In the course of the year, statements on this matter were made by the 
European Union (11 times) and the United States (11). 
 "United States – Anti-Dumping Administrative Reviews and Other Measures Related to 
Imports of Certain Orange Juice from Brazil": status reports by the United States 
(WT/DS382/10/Add.12, 13, 14) submitted at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/328) and 27 February 2013 
(WT/DSB/M/329). In the course of the year, statements on this matter were made by the 
United States (3 times) and Brazil (3). 
 "Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines": status reports 
by Thailand (WT/DS371/15/Add.8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18) submitted at the 
DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 (WT/DSB/M/330), 
24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 25 June 2013 
(WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M/336) 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). In the course 
of the year, statements on this matter were made by Thailand (11 times) and the Philippines 
(11).  
 "United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam": status reports 
by the United States (WT/DS404/11/Add.7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17) submitted WT/DSB/61 
 
- 9 - 
 
  at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 
(WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 (WT/DSB/M/330), 
24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 25 June 2013 
(WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M/336), 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). In the course 
of the year, statements on this matter were made by the United States (11 times), Viet Nam 
(11), Cuba (7) and Venezuela (2). 
 "Philippines – Taxes on Distilled Spirits": status reports by the Philippines 
(WT/DS396/15/Add.2 – WT/DS403/15/Add.2, 3) submitted at the DSB meetings held on 
17 December 2012 (WT/DSB/M/327) and 28 January 2013 (WT/DSB/M/328). In the course of the year, statements on this matter were made by the Philippines (2 times), the 
European Union (2) and the United States (2). 
 "China – Measures Related to the Exportation of Various Raw Materials": status reports by 
China (WT/DS394/19 – WT/DS395/18 – WT/DS398/17, and Add.1) submitted at the DSB 
meetings held on 17 December 2012 (WT/DSB/M/327) and 28 January 2013 (WT/DSB/M/328). In the course of the year, stat ements on this matter were made by China 
(2 times), the European Union (2), the United States (2) and Mexico (2). 
 "United States – Measures Affecting the Produc tion and Sale of Clove Cigarettes": status 
reports by the United States (WT/DS406/11, Add. 1, 2, 3, 4, 5, 6, 7) submitted at the DSB 
meetings held on 17 December 2012 (WT/DSB/M/327), 28 January 2013 (WT/DSB/M/328), 
27 February 2013 (WT/DSB/M/329), 26 March 2013 (WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 25 June 2013 (WT/DSB/M/333) and 
23 July 2013 (WT/DSB/M/334). In the course of the year, statements on this matter were 
made by the United States (8 times) and Indonesia (8). 
 "European Union – Anti-Dumping Measures on Certain Footwear from China": status report 
by the EU (WT/DS405/9) submitted at th e DSB meeting held on 17 December 2012 
(WT/DSB/M/327). At that meeting, the European  Union and China made statements on this 
matter.  
 "United States – Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from 
China": status reports by the United States  (WT/DS422/8 and Add.1) submitted at the DSB 
meetings held on 27 February 2013 (WT/DSB/M/329) and 26 March 2013 (WT/DSB/M/330). 
In the course of the year, statements on th is matter were made by the United States 
(2 times) and China (2). 
 "United States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products": status reports by the United States (WT/DS381/18, Add. 1, 2, 3) submitted 
at the DSB meetings held on 24 April 2013 (WT/DSB/M/331), 24 May 2013 
(WT/DSB/M/332), 25 June 2013 (WT/DSB/M/333) and 23 July 2013 (WT/DSB/M/334). In 
the course of the year, statements on this matter were made by the United States (4 times) and Mexico (4). 
 "China – Certain Measures Affecting Electronic Payment Services": status report by China 
(WT/DS413/9 and Add.1) submitted at the DSB meetings held on 25 June 2013 (WT/DSB/M/333) and 23 July 2013 (WT/DSB/M/334). In the course of the year, statements 
on this matter were made by China (2  times) and the United States (2). 
9.2.  At the DSB meeting held on 26 March 2013, the Chairman of the DSB called Members' 
attention to the importance of the surveillance function of the DSB as set out in the DSU and 
encouraged Members to be as forthcoming as possible in providing relevant and up-to-date 
information on the status of efforts to implement DSB recommendations and rulings. The Chairman also reminded Members of Rule 27 of th e Rules of Procedure for meetings of the General 
Council/DSB, which stipulate that: "Representatives should make every effort to avoid the 
repetition of a full debate at each meeting on any issue that has already been debated in the past 
and on which there appears to have been no change in Members' positions already on record" (WT/DSB/M/330). WT/DSB/61 
 
- 10 - 
 
  10  MATTERS RAISED BY MEMBERS PURSUANT TO ARTICLE 21.6 OF THE DSU 
(SURVEILLANCE AND IMPLEMENTATION) 
10.1.  The DSB considered at several meetings the implementation of the DSB recommendations 
and rulings with respect to six matters: 
 "United States – Continued Dumping and Subsidy Offset Act of 2000" (DS217; DS234): The 
EU and Japan raised the implementation of the DSB recommendations and rulings in these 
disputes at the DSB meetings held on 17 December 2012 (WT/DSB/M/327), 
28 January 2013 (WT/DSB/M/328), 27 February 2013 (WT/DSB/M/329), 26 March 2013 
(WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 25 June 2013 (WT/DSB/M/333), 23 July 2013 (WT/DSB/M/334), 30 August 2013 (WT/DSB/M/336), 25 September 2013 (WT/DSB/M/337) and 22 October 2013 
(WT/DSB/M/338). In the course of the year, th e following delegations made statements: the 
European Union (11 times), Japan (11), Brazil (11), Canada (11), India (11), Thailand (10) and the United States (11). 
 "United States – Measures Affecting the Cross-Border Supply of Gambling and Betting 
Services" (DS285): Antigua and Barbuda raised the implementation of the DSB 
recommendations and rulings at the DSB meetings held on 27 February 2013 
(WT/DSB/M/329), 26 March 2013 (WT/DSB/M/330), 24 April 2013 (WT/DSB/M/331), 24 May 2013 (WT/DSB/M/332), 25 June 2013 (WT/DSB/M/333), 30 August 2013 (WT/DSB/M/336). In the course of the year, the following delegations made statements: 
Dominica, on behalf of Antigua and Barbuda (4 times), Dominica, on behalf of the OECS (1), 
St Lucia, on behalf of Antigua and Barbuda (2), Argentina (3), Barbados (1), the Bolivarian Republic of Venezuela (5), Brazil (5), China (2), Cuba (6), the Dominican Republic (2), 
Haiti (1), Jamaica (5), Trinidad and Tobago (2), Trinidad and Tobago, on behalf of CARICOM 
(1) and the United States (6). 
 "United States – Certain Country of Origin Labelling (COOL) Requirements" (DS384; 
DS386): The United States, Canada and Mexico  raised the implementation of the DSB 
recommendations and rulings at the DSB meeting held on 24 May 2013 (WT/DSB/M/332). Canada and Mexico raised the above-mentioned matter at the DSB meeting held on 
25 June 2013, (WT/DSB/M/333). The following delegations made statements: Canada 
(2 times), Mexico (2) and the United States (2). 
 "United States – Measures Concerning the Importation, Marketing and Sale of Tuna and 
Tuna Products" (DS381): Mexico raised the implementation of the DSB recommendations 
and rulings at the DSB meeting on 30 August 2013 (WT/DSB/M/336). The following 
delegations made statements: Mexico, Venezuela and the United States. 
 "China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical 
Steel from the United States" (DS414): Chin a raised the implementation of the DSB 
recommendations and rulings at the DSB meeting on 30 August 2013 (WT/DSB/M/336). 
China made a statement.  
 "China – Certain Measures Affecting Electronic Payment Services" (DS413): The 
United States raised the implementation of  the DSB recommendations and rulings at the 
DSB meetings held on 25 September 2013 (WT/DSB/M/337) and 22 October 2013 (WT/DSB/M/338). The following delegations made statements: the United States (2 times) 
and China (2). 
11  RECOURSE TO ARTICLE 21.5 OF THE DSU (COMPLIANCE PANEL) 11.1.  Two matters were referred by the DSB to a compliance panel pursuant to Article 21.5 of the 
DSU. 
 "United States – Certain Country of Origin Labelling (COOL) Requirements": At its meeting 
on 30 August 2013, the DSB considered two panel requests, pursuant to Article 21.5 of the 
DSU, by Canada (WT/DS384/26) and Mexico (WT/DS386/25); (WT/DSB/M/336). Canada, WT/DSB/61 
 
- 11 - 
 
  Mexico and the United States made statements. The DSB considered these matters, for the 
second time, at its meeting on 25 September 2013 (WT/DSB/M/337), and agreed pursuant 
to Article 21.5 of the DSU, to refer to the orig inal Panel, if possible, the matter raised by 
Canada in WT/DS384/26 and the matter raised by Mexico in WT/DS386/25. It was agreed that the Panel would have standard terms of reference. Canada, Mexico and the 
United States made statements. Australia, Brazil, Canada, China, Colombia, the European 
Union, Guatemala, India, Japan, Korea, Mexico and New Zealand reserved their third-party rights to participate in the proceedings.  
12  RECOURSE TO ARTICLE 22 OF THE DSU (COMPENSATION AND SUSPENSION OF 
CONCESSIONS) 
12.1.  The DSB authorized suspension of concessions or other obligations in one dispute during the 
period under review in this Report. In addition, the DSB agreed that one matter had been referred 
to arbitration, as required by Article 22.6 of the DSU. 
 "United States – Measures Affecting the Cross-Border Supply of Gambling and Betting 
Services": At its meeting on 28 January 2013, pursuant to the request by Antigua and 
Barbuda under Article 22.7 of the DSU contained in WT/DS285/25, the DSB agreed to grant authorization to suspend the application to the United States of concessions or other 
obligations consistent with the Arbitrator's decision contained in WT/DS285/ARB 
(WT/DSB/M/328). The following delegations ma de statements: Antigua and Barbuda, the 
United States, and Dominica, on behalf of the OECS. 
 "United States – Measures Affecting the Production and Sale of Clove Cigarettes": At the 
DSB meeting on 23 August 2013, following Indonesia's request under Article 22.2 of the 
DSU contained in WT/DS406/12, it was agreed that the matter raised by the United States 
in document WT/DS406/13 is referred to arbitration, as required by Article 22.6 of the DSU 
(WT/DSB/M/335). The following delegations made statements: Indonesia, the United States, the European Union and Japan.   
13  OTHER MATTERS 
13.1.  The DSB also considered a variety of other matters. 13.2.  At the DSB meeting held on 17 December 2012, Australia raised the matter regarding a 
systemic issue relating to Articles 3.7 and 3.10 of the DSU (WT/DSB/M/327). In this regard, 
Australia urged Members to be judicious and reasonable in their use of the dispute settlement 
system so as to ensure that the integrity of the system was maintained. Australia and Turkey made statements. 
13.3.  At the DSB meeting held on 17 December 2012, Antiqua and Barbuda raised the matter 
concerning its request for the DSB's authorization to suspend concessions or other obligations in the dispute: "United States – Measures Affecting the Cross Border Supply of Gambling and Betting 
Services" (WT/DS285/25; WT/DSB/M/327). Antigua and Barbuda and the United States made 
statements.  
13.4.  At the DSB meeting held on 28 January 2013, Brazil raised the matter regarding requests 
for preliminary rulings and the role of third parties (WT/DSB/M/328). Brazil, Canada, the 
European Union, the United States, Australia and China made statements.  
13.5.  At the DSB meetings held on 24 April and 24 May 2013, the Chairman drew Members' 
attention to the Annual Report of the Appellate Body for 2012 (WT/AB/18) and invited Members to 
review the information contained therein. He indicated that if Members wished to comment on the 
Report, he would be willing to pass on their comments to the Appellate Body should this be of interest to Members (WT/DSB/M/331, 332).  
13.6.  At the DSB meeting held on 25 June 2013, the Chairman informed delegations that he was 
holding consultations on the issues related to the Annual Report of the Appellate Body and the communication from the Appellate Body contained in JOB/AB/1 entitled: "The Workload of the 
Appellate Body". He invited delegations to expres s their views on these matters directly to him WT/DSB/61 
 
- 12 - 
 
  (WT/DSB/M/333). At its meeting on 23 July 2013, the Chairman informed delegations that he 
continued to consult on the issue of the workload of the Appellate Body and invited delegations to 
provide views on this matter. The Chairman also  provided a brief report regarding a discussion 
that had taken place in an informal meeting of the Budget Committee, which focused on the issue of the workload of the Appellate Body and on pressures faced by the dispute settlement system 
overall (WT/DSB/M/334). 
13.7.  At the DSB meeting held on 23 July 2013, the Chairman presented to delegations, as a 
room document, a revised version of the Annual Report of the DSB for 2013. He invited 
delegations to comment on the new format of the Report by 31 July 2013 (WT/DSB/M/334). At the 
DSB meeting on 30 August 2013, the Chairman presen ted to delegations a draft revised version of 
the Annual Report of the DSB, which containe d the suggestions and comments received from 
delegations (WT/DSB/M/336). 
13.8.  At the DSB meeting held on 25 September 2013, in the context of a panel request by 
Honduras pertaining to the dispute on: "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products 
and Packaging" (DS435), the DSB heard views of de legations regarding the interpretation of the 
phrase: "a panel shall be established at the latest at the DSB meeting following that at which the request first appears as an item on the DSB's agenda", contained in Article 6.1 of the DSU 
(WT/DSB/M/337).   
14  CONCLUSION 14.1.  This brief overview demonstrates that during the period from 30 November 2012 through 
22 October 2013, the DSB was called upon to consider a variety of significant matters and took a 
number of important decisions. As set out in detail in previous Sections, the DSB agreed to 
reappoint one member of the Appellate Body, Mr. Ricardo Ramírez Hernández, for a second four-year term of office, starting on 1 July 2013. It approved a total of 25 new nominations proposed 
for inclusion on the Indicative List of Governmental and Non-Governmental Panelists. It 
established 11 Panels in accordance with Article 6 of the DSU and one single Panel in accordance with Article 9.1 of the DSU. The DSB also referred tw o matters to an original Panel, if possible, in 
accordance with Article 21.5 of the DSU. It ad opted four Panel Reports and two Appellate Body 
Reports. As part of its surveillance function, the DSB considered status reports on implementation 
with regard to 14 matters. Finally, the DSB auth orized the suspension of concessions and other 
obligations in one matter, and agreed that one ma tter had been referred to arbitration pursuant to 
Article 22.6 of the DSU. 
__________