WORLD TRADE  
ORGANIZATION  WT/DSB/39 
11 November 2005 
 (05-5286) 
  
  
DISPUTE SETTLEMENT BODY 
 
Annual Report (2005
)1 
 
  The present report has been prepared in pursu ance of the Procedures for an Annual Overview 
of WTO Activities and for Reporting under the WT O (WT/L/105), and sets out the actions taken by 
the Dispute Settlement Body (DSB) in the period since its previous annual report.
2   
  In carrying out its tasks, the DSB has held  21 meetings since the period covered by the 
previous report.  The minutes of these meetings, wh ich remain the record of the DSB's work, are 
contained in documents WT/DSB/M/179 – WT/DSB/M/199
3 and should be read in conjunction with 
this report.   The following subjects are included in the report:   Page
 
1. Election of Chairperson........................................................................................................ ....3 
2. Appointment of Appella te Body members..............................................................................3  
3. Indicative list of governmental and non-governmental panelists.........................................4  
4. Adoption of the 2005 draft Annual Report of the DSB .........................................................4  
5. Recourse to dispute se ttlement procedures ............................................................................4  
(a) Canada ......................................................................................................................... ...............4  
(i) Continued suspension of obligations in the EC – Hormones dispute .........................................4  
(b) Dominican Republic ............................................................................................................. ......5  
(i) Measures affecting the importation a nd internal sale of cigarettes ...........................................5  
(c) Egypt.......................................................................................................................... .................5  
(i) Anti-dumping duties on matc hes from Pakistan .........................................................................5  
(d) European Communities........................................................................................................... ....6 
(i) Countervailing measures on dynamic random access memory chips from Korea .....................6  
(ii) Customs classification of frozen boneless chicken cuts ..............................................................6  
(iii) Export subsidies on sugar...................................................................................................... .....7 
(iv) Measures affecting trade in commercial vessels.........................................................................8  
                                                      
1 The overview of the state of play of WTO disputes since 1 January 1995 to 30 September 2005 
prepared by the Secretariat on its ow n responsibility is included, for practical purposes, in an Addendum to this 
report. 
2 WT/DSB/37. 
3 The present report includes meetings of the DSB starting from the 13 December 2004 DSB meeting 
until the 18 October 2005 DSB meeting. WT/DSB/39 
Page 2  
 
 (v)
 Protection of trademarks and geographical i ndications for agricultural products and 
foodstuffs..................................................................................................................... ................8  
(vi) Selected cust oms matters ....................................................................................................... .....9 
(e) European Communities and cer tain member States ...................................................................9  
(i) Measures affecting trade in large civil aircraft ..........................................................................9  
(f) Japan .......................................................................................................................... ...............10  
(i) Import quotas on dried laver and seasoned laver.....................................................................10  
(ii) Measures affecting the importation of apples:   Recourse to Article 21.5 of the DSU by 
the United States .............................................................................................................. .........11  
(g) Korea.......................................................................................................................... ...............11  
(i) Measures affecting trade in commercial vessels.......................................................................11  
(h) United States .................................................................................................................. ...........12  
(i) Anti-dumping measures on certain hot-ro lled steel products from Japan................................12  
(ii) Continued Dumping and Subsid y Offset Act of 2000................................................................12  
(iii) Continued suspension of obligations in the EC – Hormones dispute .......................................12  
(iv) Countervailing duty investigations on dynamic access memory semiconductors 
(DRAMS)  from Korea ............................................................................................................ ..13 
(v) Countervailing measures concerning certai n products from the European 
Communities:  Recourse to Article 21.5 of  the DSU by the European Communities ...............13  
(vi) Final countervailing duty determination with respect to certain softwood lumber from 
Canada......................................................................................................................... .............14  
(vii) Final dumping determination on  softwood lumber from Canada.............................................14  
(viii) Investigation of the International Trade Commission in softwood lumber from 
Canada......................................................................................................................... .............15  
(ix) Measures affecting the cross-border suppl y of gambling and betting services ........................16  
(x) Measures affecting trade in large civil aircraft ........................................................................16  
(xi) Measures relating to zeroi ng and sunset reviews .....................................................................17  
(xii) Section 211 Omnibus Appropr iations Act of 1998....................................................................17  
(xiii) Subsidies on upland cotton ..................................................................................................... ..17 
(xiv) Sunset reviews of anti-dumping measures on oil country tubular goods from 
Argentina ...................................................................................................................... ............18  
(xv) Tax treatment for "Foreign Sales Corporations" .....................................................................19  
6. Surveillance of implementation of recommendations adopted by the DSB.......................19  
(a) Canada ......................................................................................................................... .............19  
(i) Measures relating to exports of whea t and treatment of imported grain .................................19  
(b) European Communities........................................................................................................... ..20 
(i) Conditions for the granting of tariff preferences to developing countries................................20   WT/DSB/39 
 Page 3 
 
 
 (c) Mexico ......................................................................................................................... .............21  
(i) Measures affecting teleco mmunications services .....................................................................21  
(d) United States .................................................................................................................. ...........23  
(i) Anti-dumping measures on certain hot-ro lled steel products from Japan................................23  
(ii) Continued Dumping and Subsid y Offset Act of 2000................................................................25  
(iii) Final countervailing duty determination with respect to certain softwood lumber from 
Canada......................................................................................................................... .............27  
(iv) Section 110(5) of the US Copyright Act....................................................................................27  
(v) Section 211 Omnibus Appropr iations Act of 1998....................................................................29  
7. Other matters raised und er "Other Business" ....................................................................31  
(a) United States  – Anti-Dumping Act of 1916:  Statement by the United States ........................31  
(b) European Communities – Definitive safeguard measure on salmon:  Statement by 
Chile.......................................................................................................................... ................31  
(c) "European Communities – The ACP–EC Partnership Agreement – Recourse to 
Arbitration Pursuant to the Decision of 14 November 2001":  Award of the 
Arbitrator:  Statement by Colombia, on behalf of Brazil, Colombia, Costa Rica, 
Ecuador, Guatemala, Honduras, Nicar agua, Panama and Venezuela.......................................31  
(d) Mexico – Certain pricing measures for customs valuation and other purposes:  
Statement by Guatemala ......................................................................................................... ..32 
(e) Panama – Tariff classification of certain milk products:  Statement by Mexico ......................32  
 
 
1. Election of Chairperson (WT/DSB/M/183) 
 At its meeting on 17 February 2005 , the DSB elected Amb. Eirik Glenne (Norway) as 
Chairperson of the DSB by acclamation.  
 The outgoing and the incoming Chairpersons spoke. 
  The DSB took note of the statements. 
 
2. Appointment of Appellate Body members (WT/DSB/M/192, 194, 198) 
 At the DSB meeting on 20 June 2005
, the Chairman made a statement concerning the 
positions currently held by three Appellate Body me mbers eligible for reappointment by the DSB to 
serve on the Appellate Body for a second term.  To  this effect, he proposed to launch, as from 
20 June 2005, the process leading up  to a decision on the positions held by these three Appellate Body 
members and invited delegations with views on th e possible reappointment of those Appellate Body 
members to contact him before 15 July 2005.  He said that he would inform the DSB of the results of 
his consultations at the 20 July DSB meeting. 
  The representative of the European Communities and the Chairman spoke. 
  The DSB took note of the statements.  
 At the DSB meeting on 20 July 2005
, the Chairman made a statement regarding the results of 
his consultations with delegations on this matter.  In light of these consultations, and consistent with WT/DSB/39 
Page 4  
 
 the process outlined at the 20 June DSB meeting, he proposed that a decision on the reappointment of 
the three Appellate Body members eligible to serve  on the Appellate Body for a second term be taken 
by the DSB at its meeting on 27 September 2005.   The representative of the European Communities and the Chairman spoke. 
 
 The DSB took note of the statements.   At its meeting on 27 September 2005
, the DSB agreed to reappoint Messrs. 
Luiz Olavo Baptista, John Lockhart and Giorgio Sacerdoti as Appellate Body members for a second 
four-year term, to begin on 12 December 2005. 
  The representative of Brazil and the Chairman spoke.   The DSB took note of the statements. 
 
3. Indicative list of governmental and non-governmental panelists (WT/DSB/M/180, 189, 
199) 
 At its meeting on 17 December 2004
, the DSB approved the names contained in document 
WT/DSB/W/272 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
 
 At its meeting on 19 May 2005 , the DSB approved the name contained in document 
WT/DSB/W/286 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.  At its meeting on 18 October 2005
, the DSB approved the name contained in document 
WT/DSB/W/299 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.  
4. Adoption of the 2005 draft Annual Report of the DSB (WT/DSB/M/199) 
At the DSB meeting on 18 October 2005
, the Chairman submitted for adoption a draft text of 
the 2005 Annual Report of the DSB contained in WT/DSB/W/298 and Add.1.  He proposed that, 
following the adoption of the Annual Report, the Secret ariat be authorized to update this Report under 
its own responsibility in order to include the actions  taken by the DSB at the present meeting.  He said 
that the updated Annual Report woul d be submitted for consideration by the General Council at its 
meeting in December 2005. 
 
 The DSB took note of the statement and a dopted the draft Annual Report contained in 
WT/DSB/W/298 and Add.1 on the understanding that it would be further updated by the Secretariat, 
as proposed by the Chairman.  
5. Recourse to dispute settlement procedures 
(a) Canada 
(i) Continued suspension of obligations in the EC – Hormones dispute (WT/DSB/M/182, 183) 
At its meeting on 25 January 2005
, the DSB considered a re quest by the European 
Communities for the establishment of a panel to ex amine its complaint with regard to Canada's 
continued suspension of obligations under the WTO Agreement vis-à-vis  the EC in relation to the 
Hormones dispute (WT/DS321/6). 
  WT/DSB/39 
 Page 5 
 
 
  The representatives of the European Communities and Canada spoke. 
  The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 17 February 2005
, the DSB again considered this matter. 
 
 The representatives of the European Communities and Canada spoke.   The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
 
 The representatives of Australia, China, Me xico, Chinese Taipei and the United States 
reserved their third-party rights to pa rticipate in the Panel's proceedings.
4 
 (b) Dominican Republic 
(i) Measures affecting the importation and internal  sale of cigarettes (WT/DSB/M/189, 191) 
 In January 2004
5, the DSB agreed to establish a panel to examine the complaint by Honduras 
pertaining to this matter.  In January 2005, the Do minican Republic notified the DSB of its decision to 
appeal certain issues of law and legal interp retations developed by the Panel (WT/DS302/8). 
  At its meeting on 19 May 2005
, the DSB considered the Appellate Body Report contained in 
WT/DS302/AB/R and the Panel Report contained in WT/DS302/R pertaining to this matter. 
  The representatives of Honduras, the Domini can Republic and the European Communities 
spoke.    
 The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS302/AB/R and the Panel Report WT/DS302/R, as modified by the Appellate Body Report.  
  At the DSB meeting on 13 June 2005
, the representative of the Dominican Republic informed 
the DSB of her country's intentions in respect of implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU. 
 
 The representatives of the Dominican Republic and Honduras spoke.   The DSB took note of the statements and of the information provided by the Dominican Republic regarding its intentions in respect of im plementations of the DSB's recommendations in this 
dispute.   
 (c) Egypt 
(i) Anti-dumping duties on matches from Pakistan (WT/DSB/M/192, 194) 
 At its meeting on 20 June 2005
, the DSB considered a request by Pakistan for the 
establishment of a panel to examine its complaint with regard to Egypt's anti-dumping duties on 
matches from Pakistan (WT/DS327/2). 
  The representatives of Pakistan and Egypt spoke. 
                                                     
 
4After the meeting, Brazil, India, New Zealand an d Norway reserved their third-party rights to 
participate in the Panel's proceedings.   
5 WT/DSB/M/162. WT/DSB/39 
Page 6  
 
  The DSB took note of the statements and agreed to revert to this matter. 
  At its meeting on 20 July 2005
, the DSB again considered this matter.  
  The representatives of Pakistan and Egypt spoke.   
 
 The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of China, the European  Communities, Japan and the United States 
reserved their third-party rights to par ticipate in the Panel's proceedings.  
 (d) European Communities 
(i) Countervailing measures on dynamic r andom access memory chips from Korea 
(WT/DSB/M/195, 196) 
In January 2004
6, the DSB agreed to establish a panel to examine the complaint by Korea 
pertaining to this matter. 
 
 At its meeting on 3 August 2005 , the DSB considered the Panel Report contained in 
WT/DS299/R pertaining to this matter.  
 The representatives of Korea, the European  Communities and the United States spoke. 
   The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS299/R.  
 At the DSB meeting on 31 August 2005
, the representative of the European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in this dispute, pursuant to Article 21.3 of the DSU.    The representatives of the Europ ean Communities and Korea spoke. 
 
 The DSB took note of the statements and of the information provided by the European 
Communities regarding its intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute.   
(ii) Customs classification of frozen bone less chicken cuts (WT/DSB/M/198, 199) 
 In November 2003
7, the DSB agreed to establish a panel to examine the complaint by Brazil 
pertaining to this matter.  Subsequently, also in November 20038, the DSB agreed that the Panel 
established to examine the complaint by Brazil would also examine the complaint by Thailand pertaining to the same matter.  In June 2005, the European Communities notified the DSB of its 
decision to appeal certain issues of law and legal interpretations de veloped by the Panel 
(WT/DS269/6 – WT/DS286/8). 
 
 At its meeting on 27 September 2005
, the DSB considered the Appellate Body Report 
contained in WT/DS269/AB/R – WT/DS286/AB/R a nd the Panel Reports contained in WT/DS269/R 
and WT/DS286/R pertaining to these matters. 
                                                      
6 WT/DSB/M/163. 
7 WT/DSB/M/157. 
8 WT/DSB/M/158.  WT/DSB/39 
 Page 7 
 
 
  The representatives of Brazil, Thailand, the European Communities, Japan and the 
United States spoke.   The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS269/AB/R – WT/DS286/AB/R and the Pane l Reports contained in WT/DS269/R and  
WT/DS286/R, as modified by the Appellate Body Report.   
  At the DSB meeting on 18 October 2005
, the representative of th e European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in these disputes, pursuan t to Article 21.3 of the DSU.  
 
 The representatives of the European Communities, Brazil and Thailand spoke. 
  The DSB took note of the statements and of the information provided by the European Communities regarding its intentions in respect of  implementation of the DSB's recommendations and 
rulings in these disputes.  
 
(iii) Export subsidies on sugar (WT/DSB/M/179, 189, 191, 198) 
 At the DSB meeting on 13 December 2004
, Australia, Brazil, Thailand and the European 
Communities requested the DSB to agree to postpone consideration of the Pane l Reports pertaining to 
the dispute:  "European Communities – Export Subs idies on Sugar" and to the extension of the 
corresponding time-period in Article 16.4 of the DSU until 31 January 2005, in accordance with the 
procedural agreement reached by the parties to the dispute (WT/DS265/24 – WT/DS266/24 – WT/DS283/5).   The representatives of Australia, Brazil, Th ailand, the European Communities, Norway, 
the United States and the Chairman spoke. 
  The DSB took note of the statements and of  the request in WT/DS265/24 – WT/DS266/24 – 
WT/DS283/5 and agreed that it will adopt th e Panel Reports, upon request, on or before 
31 January 2005, unless the DSB decides by consensus not to do so or a party notifies the DSB of its 
decision to appeal. 
 
 In August 2003
9, the DSB agreed to establish a single panel to examine the complaints by 
Australia, Brazil and Thailand pertaini ng to these matters. In January 2005, 
the European Communities notified the DSB of its d ecision to appeal certain issues of law and legal 
interpretations developed by the Panel (WT/DS265/25 – WT/DS266/25 – WT/DS283/6). 
 
 At its meeting on 19 May 2005 , the DSB considered the Appellate Body Report contained in 
WT/DS265/AB/R – WT/DS266/AB/R – WT/DS283/AB /R and the Panel Reports contained in 
WT/DS265/R;  WT/DS266/R;  and WT/DS283/R pertaining to these matters.   The representatives of Australia, Brazil, Tha iland, the European Communities, Mauritius, on 
behalf of 14 ACP countries, and the representatives of Canada, St Kitts and Nevis and India spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS265/AB/R – WT/DS266/AB/R – WT/DS283/AB /R and the Panel Reports contained in 
WT/DS265/R;  WT/DS266/R;  and WT/DS283/R, as modified by the Appellate Body Report. 
 
                                                     
 
9 WT/DSB/M/155. WT/DSB/39 
Page 8  
 
  At the DSB meeting on 13 June 2005
, the representative of th e European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in these disputes, pursu ant to Article 21.3 of the DSU. 
  The representatives of the European Commun ities, Australia, Brazil, Thailand and Mauritius 
spoke. 
  The DSB took note of the statements and of the information provided by the European Communities regarding its intentions in respect of  implementation of the DSB's recommendations and 
rulings in these disputes.   
 
 At the DSB meeting on 27 September 2005
, Australia, Brazil and Thailand submitted, 
pursuant to Article 21.6 of the DSU, a joint communication contained in WT/DS265/32 – WT/DS266/32 – WT/DS283/13 and expressed their views regarding the EC's decision to introduce  declassification measures in the Sugar sector. 
 
 The representatives of Australia, Brazil, Th ailand and the European Communities spoke. 
  The DSB took note of the statements.  
(iv) Measures affecting trade in commercial vessels (WT/DSB/M/192, 194) 
 In March 2004
10, the DSB agreed to establish a panel to examine the complaint by Korea 
pertaining to this matter.   At its meeting on 20 June 2005
, the DSB considered the Panel Report contained in 
WT/DS301/R pertaining to this matter. 
 
 The representatives of Korea, the European  Communities and the Untied States spoke. 
  The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS301/R.  
 At the DSB meeting on 20 July 2005
, the representative of the European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in this dispute, pursuant to Article 21.3 of the DSU.   The representatives of the Europ ean Communities and Korea spoke. 
 
 The DSB took note of the statements and of the information provided by the European Communities regarding implementation of the DSB's recommendations in this dispute. 
 
(v) Protection of trademarks and geographical i ndications for agricultural products and 
foodstuffs (WT/DSB/M/188, 189) 
 In October 2003
11, the DSB agreed to establish a singl e panel to examine the complaints by 
the United States and Australia pertaining to these matters.   At its meeting on 20 April 2005
, the DSB considered the Panel Report contained in 
WT/DS174/R and Add.1, 2 & 3 pertaining to the comp laint by the United States and the Panel Report 
contained in WT/DS290/R and Add.1, 2 & 3 pertaining to the complaint by Australia. 
                                                      
10 WT/DSB/M/166. 
11 WT/DSB/M/156.  WT/DSB/39 
 Page 9 
 
 
  The representatives of the Unite d States, Australia, the European Communities, Canada and  
India spoke.   The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS174/R and Add.1, 2 & 3 pertaining to the comp laint by the United States and the Panel Report 
contained in WT/DS290/R and Add.1, 2 & 3 pertaining to the complaint by Australia. 
  At the DSB meeting on 19 May 2005
, the representative of th e European Communities 
informed the DSB of the EC's intentions in resp ect of implementation of the DSB's recommendations 
and rulings in this dispute, pursuant to Article 21.3 of the DSU. 
 
 The representatives of the European Commun ities, the United States and Australia spoke. 
  The DSB took note of the statements and of the information provided by the European Communities regarding its intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute.  
 
(vi) Selected customs matters (WT/DSB/M/182, 186) 
 At its meeting on 25 January 2005
, the DSB considered a request by the United States for the 
establishment of a panel to examine its complaint w ith regard to the EC's selected customs matters 
(WT/DS315/8). 
 
 The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed to revert to this matter.  
 At its meeting on 21 March 2005
, the DSB again considered this matter. 
  The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
 
 The representatives of Australia, Brazil, China and Chinese Taipei reserved their third-party 
rights to participate in the Panel's proceedings.
12 
 (e) European Communities and certain member States 
(i)  Measures affecting trade in large civil aircraft (WT/DSB/M/191, 194, 195, 196, 197) 
 At its meeting on 13 June 2005
, the DSB considered a request by the United States for the 
establishment of a panel to examine its complaint w ith regard to the measures of the EC and certain 
member States affecting trade in large civil aircraft (WT/DS316/2).   The representatives of the United States  and the European Communities spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 20 July 2005
, the DSB again considered this matter. 
 
                                                      
12 After the meeting, Argentina, India, Japan, Korea and Hong Kong, China reserved their third-party 
rights to participate in the Panel's proceedings.    WT/DSB/39 
Page 10  
 
  The representatives of the United States, the European Communities and the Chairman spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Articles 4.4 and 7.4 of the SCM Agre ement and Article 6 of the DSU with standard 
terms of reference. 
 
 The representatives of Australia, Brazil, Canada , China, Japan and Korea reserved their third-
party rights to participate in the Panel's proceedings.   At its meeting on 3 August 2005
, the DSB considered the request  by the United States for the 
initiation of the procedures for developing inform ation concerning serious prejudice under Annex V 
of the SCM Agreement and designation of the represen tative referred to in para graph 4 of that Annex 
(WT/DS316/2).   The representatives of the United States, the European Communities and Brazil spoke. 
 
 The DSB took note of the statements.   At its meeting on 31 August 2005
, the DSB again considered the request by the United States 
for the initiation of the procedures for developi ng information concerning serious prejudice under 
Annex V of the SCM Agreement and designation of th e representative referred to in paragraph 4 of 
that Annex (WT/DS316/2). 
  The representatives of the United States, th e European Communities and Canada spoke. 
  The DSB took note of the statements. 
 
 At its meeting on 23 September 2005
, the DSB again consider ed the request by the 
United States for the initiation of the procedures for developing information concerning serious prejudice under Annex V of the SCM Agreement and designation of the representative referred to in 
paragraph 4 of that Annex (WT/DS316/2).  
 The representatives of the United States, the European Communities, Japan, Brazil and the 
Chairman spoke.   The DSB took note of the statements and agreed, as requested by the United States in document WT/DS316/2, to initiate the procedures fo r developing information concerning serious 
prejudice under Annex V of the SCM Agreement, pur suant to paragraph 2 of Annex V of the SCM 
Agreement.  Furthermore, also at the request of  the United States, the DSB agreed to designate 
Mr. Mateo Diego-Fernández as a re presentative to serve the function of facilitating the information-
gathering process, pursuant to paragraph 4 of Annex V of the SCM Agreement.    (f) Japan 
(i) Import quotas on dried laver and seasoned laver (WT/DSB/M/183, 186) 
 At its meeting on 17 February 2005
, the DSB considered a request by Korea for the 
establishment of a panel to examine Japan's import quotas on dried laver and seasoned laver 
(WT/DS323/2).  
 The representatives of Korea and Japan spoke. 
  The DSB took note of the statements and agreed to revert to this matter.   WT/DSB/39 
 Page 11 
 
 
  At its meeting on 21 March 2005 , the DSB again considered this matter. 
  The representatives of Korea and Japan spoke.   The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU with  standard terms of reference.   
  The representatives of China, the European Communities and the United States reserved their 
third-party rights to participate in the Panel's proceedings.
13 
 (ii)  Measures affecting the importation of apples:  Recourse to Article 21.5 of the DSU by the 
United States (WT/DSB/M/194, 196) 
 In July 2004
14, the DSB decided, in accordance with Artic le 21.5 of the DSU, to refer to the 
original Panel the matter raised by the United St ates concerning Japan's implementation of the DSB's 
recommendations and rulings pertaining to this matter. 
 
 At its meeting on 20 July 2005 , the DSB considered the Panel Report contained in 
WT/DS245/RW pertaining to this matter.   The representatives of the United States, Japan , the European Communities and the Chairman 
spoke. 
 
 The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS245/RW.   At its meeting on 31 August 2005
, the representative of Japan announced that his country and 
the United States had reached a mutually agreed solution pertaining to this dispute (WT/DS245/21). 
  The representatives of Japan and the United States spoke.   The DSB took note of the statements.  
(g) Korea 
(i) Measures affecting trade in commercial vessels (WT/DSB/M/187) 
 In July 2003
15, the DSB agreed to establish a panel to examine the complaint by the European 
Communities pertaining to this matter.   
 At its meeting on 11 April 2005
, the DSB considered the Panel Report contained in 
WT/DS273/R.   The representatives of Korea, the European  Communities and the United States spoke. 
  The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS273/R. 
 
                                                     
 
13 After the meeting, New Zealand reserved its third-party rights to participate in the Panel's 
proceedings. 
14 WT/DSB/M/174. 
15 WT/DSB/M/153. WT/DSB/39 
Page 12  
 
 (h) United States 
(i) Anti-dumping measures on certain hot-rolled st eel products from Japan (WT/DSB/M/194) 
 At its meeting on 20 July 2005
, the DSB considered the join t request by Japan and the 
United States for the adoption of the draft deci sion contained in document WT/DS184/19 pertaining 
to this dispute. 
 
 The representatives of Japan, the United St ates, Mexico and the Chairman spoke. 
  The DSB took note of the statements and agr eed to the draft decision contained in document 
WT/DS184/19. 
 
(ii) Continued Dumping and Subsidy Offset Act of 2000 (WT/DSB/M/180, 182) 
 At its meeting on 17 December 2004
, the DSB considered a request by Chile, pursuant to 
Article 22.7 of the DSU, for the DSB's authorization to suspend the applicati on to the United States of 
tariff concessions or other obligations (WT/DS217/43). 
 
 The representatives of Chile, Japan, the United States and the European Communities spoke. 
  The DSB took note of the statements and, pur suant to the request by Chile under Article 22.7 
of the DSU contained in document WT/DS217/43, agreed to grant authorization to suspend the application to the United States of tariff concessi ons or other obligations consistent with the 
Arbitrator's decision contained in document WT/DS217/ARB/CHL. 
  At its meeting on 25 January 2005
, the DSB considered:  (i) the joint request by Australia and 
the United States (WT/DS217/44);  (ii) the joint request by Thailand and the United States (WT/DS217/45);  and (iii) the joint request by Indonesia and the United States (WT/DS217/46) for 
the adoption by the DSB of the draft decisions, as co ntained in the respective documents pertaining to 
the Byrd Amendment disputes.   The representatives of Australia, Thailand, In donesia, the United States, Japan and the 
Chairperson spoke.  
 The DSB took note of the statements and agreed to the draft decisions contained in documents 
WT/DS217/44;  WT/DS217/45;  and WT/DS217/46 respectively.  
(iii) Continued suspension of obligations in the EC – Hormones dispute (WT/DSB/M/182, 183) 
 At its meeting on 25 January 2005
, the DSB considered a re quest by the European 
Communities for the establishment of a panel to ex amine its complaint with regard to the US 
continued suspension of obligations under the WTO Agreement vis-à-vis  the EC in relation to the 
Hormones dispute (WT/DS320/6).   The representatives of the European Communities and the United States spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter. 
  At its meeting on 17 February 2005
, the DSB again considered this matter. 
  The representatives of European Co mmunities and the United States spoke. 
  WT/DSB/39 
 Page 13 
 
 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
  The representatives of Australia, Canada, Chin a, Mexico and Chinese Taipei reserved their 
third-party rights to participate in the Panel's proceedings.
16 
 
(iv) Countervailing duty investigations on dynam ic access memory semiconductors (DRAMS) 
from Korea (WT/DSB/M/194, 195)  
 In January 200417, the DSB agreed to establish a panel to examine the complaint by Korea 
pertaining to this matter.  In March 2005, the Unite d States notified the DSB of  its decision to appeal 
certain issues of law and legal interpreta tions developed by the Panel (WT/DS296/5). 
  At its meeting on 20 July 2005
, the DSB considered the Appellate Body Report contained in 
WT/DS296/AB/R and the Panel Report contained in WT/DS296/R pertaining to this matter. 
 
 The representatives of the United States, Korea,  the European Communities, Canada and the 
Chairman spoke.   The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS296/AB/R and the Panel Report contained in WT/DS296/R, as modified by the Appellate 
Body Report. 
 
 At the DSB meeting on 3 August 2005
, the representative of the United States informed the 
DSB of his country's intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU.  
 The representatives of the United States and Korea spoke. 
  The DSB took note of the statements and th e information provided by the United States 
regarding its intentions in respect of implementa tion of the DSB's recommendations and rulings in 
this dispute.  (v) Countervailing measures concerning certain pr oducts from the European Communities:  
Recourse to Article 21.5 of the DSU by the European Communities (WT/DSB/M/198) 
 In September 2004
18, the DSB agreed, pursuant to Article 21.5 of the DSU, to refer to the 
original Panel the matter raised by the European  Communities concerning the implementation by the 
United States of the DSB's recommendati ons and rulings in this dispute.  
 
 At its meeting on 27 September 2005 , the DSB considered the Panel Report contained in 
WT/DS212/RW pertaining to this matter.   The representatives of the European Communities and the United States spoke. 
 
 The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS212/RW.  
                                                     
 
16 After the meeting, Brazil, India, New Zealand and Norway reserved their third-party rights to 
participate in the Panel's proceedings. 
17 WT/DSB/M/163. 
18 WT/DSB/M/176. WT/DSB/39 
Page 14  
 
 (vi) Final countervailing duty determination w ith respect to certain softwood lumber from 
Canada (WT/DSB/M/181) 
 At its meeting on 14 January 2005
, the DSB considered a request by Canada for the 
establishment of a panel to examine the US im plementation of the DSB's recommendations and 
rulings on this matter, pursuant to Article 21.5 of the DSU (WT/DS257/15). 
 
 The representatives of Canada and the United States spoke.   The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter ra ised by Canada in document WT/DS257/15.  It was 
agreed that the Panel would have  standard terms of reference. 
  The representative of the European Communities re served its third-party rights to participate 
in the Panel's proceedings.
19 
 
 At its meeting on 14 January 2005 , the DSB considered a request by Canada under 
Article 22.2 of the DSU for the DSB's authorization to suspend the application to the United States of 
tariff concessions or other obligations (WT/DS257/16).   The representatives of Canada and the United States spoke.  
 The DSB took note of the statements and it was agreed that the matter raised by the 
United States in document WT/DS257/17 is referred to  arbitration, as required by Article 22.6 of the 
DSU.    
(vii) Final dumping determination on softwood lumber from Canada (WT/DSB/M/180, 189, 190) 
 At the DSB meeting on 17 December 2004
, the representative of the United States stated that 
her country and Canada had agreed on a reasonable period of time for the United States to implement 
the DSB's recommendations and rulings in the Lumber dispute (WT/DS264/12).   The representatives of the United States and Canada spoke.  
 The DSB took note of the statements. 
  At the DSB meeting on 19 May 2005
, the representative of the United States stated that her 
country had implemented the DSB' s recommendations and rulings in the dispute:  "United States – 
Final Dumping Determination on Soft wood Lumber from Canada" (DS264). 
 
 The DSB took note of the statement.   At its meeting on 1 June 2005
, the DSB considered a request by Canada for the establishment 
of a panel to examine the implementation by th e United States of the DSB's recommendations and 
rulings on this matter, pursuant to Article 21.5 of the DSU (WT/DS264/16). 
 
 The representatives of Canada and the United States spoke.   The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter ra ised by Canada in document WT/DS264/16.  It was 
agreed that the Panel would have  standard terms of reference. 
 
                                                     
 
19 After the meeting, China reserved its third-party ri ghts to participate in the Panel's proceedings.   WT/DSB/39 
 Page 15 
 
 
  The representatives of China, the European Communities, India and Japan reserved their 
third-party rights to participate in the Panel's proceedings.    At its meeting on 1 June 2005
, the DSB considered a request by Canada under Article 22.2 of 
the DSU for the DSB's authorizatio n to suspend the application to  the United States of tariff 
concessions or other obligations (WT/DS264/17). 
  The representatives of Canada and the United States spoke.   The DSB took note of the statements and it was agreed that the matter raised by the 
United States in document WT/DS264/19 is referred to  arbitration, as required by Article 22.6 of the 
DSU.    
(viii) Investigation of the International Trade  Commission in softwood lumber from Canada 
(WT/DSB/M/182, 184)  
 At the DSB meeting on 25 January 2005
, the representative of the United States stated that his 
country had implemented the DSB's recommendati ons and rulings in this dispute (DS277). 
  The representatives of the United States and Canada spoke.   The DSB took note of the statements. 
 
 At its meeting on 25 February 2005
, the DSB considered a request by Canada for the 
establishment of a panel to examine the impl ementation by the United States of the DSB's 
recommendations and rulings in this dispute, pursuant to Article 21.5 of the DSU (WT/DS277/8).  
 The representatives of Canada and the United States spoke. 
  The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter ra ised by Canada in document WT/DS277/8.  It was 
agreed that the Panel would have  standard terms of reference. 
 
 The representative of the European Communities re served its third-party rights to participate 
in the Panel's proceedings.
20 
  At its meeting on 25 February 2005
, the DSB considered a request by Canada under 
Article 22.2 of the DSU for the DSB's authorization to suspend the application to the United States of 
tariff concessions or other obligations (WT/DS277/9).  
  The representatives of Canada and the United States spoke.   The DSB took note of the statements and it was agreed that the matter raised by the United States in document WT/DS277/10 is referred to  arbitration, as required by Article 22.6 of the 
DSU. 
 
                                                     
 
20 After the meeting, China reserved its third-party ri ghts to participate in the Panel's proceedings.  WT/DSB/39 
Page 16  
 
 (ix) Measures affecting the cross-border s upply of gambling and betting services 
(WT/DSB/M/188, 189) 
 In July 2003
21, the DSB agreed to establish a panel to  examine the complaint by Antigua and 
Barbuda pertaining to this matter.  In January 2005,  the United States notified the DSB of its decision 
to appeal certain issues of law and legal inte rpretations developed by the Panel (WT/DS285/6). 
 
 At its meeting on 20 April 2005 , the DSB considered the Appellate Body Report contained in 
WT/DS285/AB/R and the Panel Re port contained in WT/DS285/R. 
  The representatives of Antigua and Barbuda, the United States, the European Communities 
and Japan spoke. 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS285/AB/R and the Panel Report contained in WT/DS285/R, as modified by the Appellate 
Body Report. 
 
 At the DSB meeting on 19 May 2005
, the representative of the United States informed the 
DSB of her country's intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU.   The representatives of the United States and Antigua and Barbuda spoke. 
 
 The DSB took note of the statements and of the information provided by the United States 
regarding its intentions in respect of implementa tion of the DSB's recommendations and rulings in 
this dispute.  (x) Measures affecting trade in large civil aircraft (WT/DSB/M/191, 194, 197) 
 At its meeting on 13 June 2005
, the DSB considered a request by the European Communities 
for the establishment of a panel to examine its comp laint with regard to the US measures affecting 
trade in large civil aircraft (WT/DS317/2).   The representatives of the European Communities and the United States spoke. 
 
 The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 20 July 2005
, the DSB again considered this matter. 
 
 The representatives of the European Communities and the United States spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Articles 4.4 and 7.4 of the SCM Agre ement and Article 6 of the DSU with standard 
terms of reference.  
 The representatives of Australia, Brazil, Canada , China, Japan and Korea reserved their third-
party rights to participate in the Panel's proceedings.    At its meeting on 23 September 2005
, the DSB considered the request by the 
European Communities for the initiation of the pro cedures for developing information concerning 
serious prejudice under Annex V of the SCM Ag reement and designation of the representative 
referred to in paragraph 4 of that Annex (WT/DS317/2). 
                                                      
21 WT/DSB/M/153.  WT/DSB/39 
 Page 17 
 
 
  The representatives of the European Communiti es, the United States, Japan, Brazil and the 
Chairman spoke.   The DSB took note of the statements and ag reed, as requested by the European Communities  
in document WT/DS317/2, to initiate the procedur es for developing information concerning serious 
prejudice under Annex V of the SCM Agreement, pur suant to paragraph 2 of Annex V of the SCM 
Agreement.  Furthermore, also at the request of the European Communities, the DSB agreed to 
designate Mr. Mateo Diego-Fernández as a represen tative to serve the function of facilitating the 
information-gathering process, pursuant to paragr aph 4 of Annex V of the SCM Agreement.   
 (xi) Measures relating to zeroing and sunset reviews (WT/DSB/M/183, 185) 
 At its meeting on 17 February 2005
, the DSB considered a request by Japan for the 
establishment of a panel to examine its complaint wi th regard to the US measures relating to zeroing 
and sunset reviews (WT/DS322/8).  
 The representatives of Japan, the United Stat es and the European Communities spoke.   
  The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 28 February 2005
, the DSB again considered this matter. 
 
 The representatives of Japan and the United States spoke. 
  The DSB took note of the statements and agr eed to establish a panel in accordance with the 
provisions of Article 6 of the DSU w ith standard terms of reference. 
 
 The representatives of the European Co mmunities, India, Korea, Mexico and 
Hong Kong, China reserved their third-party right s to participate in the Panel's proceedings.
22 
 
(xii) Section 211 Omnibus Appropriations Act of 1998 (WT/DSB/M/194) 
 At its meeting on 20 July 2005 , the DSB considered the joint request by the 
European Communities and the United States for th e adoption by the DSB of the draft decision 
contained in document WT/DS176/16  pertaining to this dispute. 
  The representatives of the European Communities,  the United States, Cuba and the Chairman 
spoke.  
 The DSB took note of the statements and agr eed to the draft decision contained in document 
WT/DS176/16.  
(xiii) Subsidies on upland cotton (WT/DSB/M/186, 188, 193, 199) 
 In March 2003
23, the DSB agreed to establish a panel to examine the complaint by Brazil 
pertaining to this matter.  In October 2004, the Unite d States notified the DSB of its decision to appeal 
certain issues of law and legal interpreta tions developed by the Panel (WT/DS267/17). 
  At its meeting on 21 March 2005
, the DSB considered the Appellate Body Report contained 
in WT/DS267/AB/R and the Panel Report contained in WT/DS267/R and Corr.1. 
                                                      
22 After the meeting, Argentina, China, New Zealand,  Norway and Thailand re served their third-party 
rights to participate in the Panel's proceedings.   
23 WT/DSB/M/145. WT/DSB/39 
Page 18  
 
  The representatives of Brazil, the United Stat es, the European Communities, Argentina and 
Canada spoke.   The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS267/AB/R and the Panel Report contained in  WT/DS267/R and Corr.1, as modified by the 
Appellate Body Report. 
  At the DSB meeting on 20 April 2005
, the representative of the United States informed the 
DSB of his country's intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU. 
 
 The representatives of the United States, Brazil and the European Communities spoke. 
  The DSB took note of the statements and of the information provided by the United States 
regarding its intentions in respect of implementati on of the DSB's recommendations in this dispute.   
 
 At its meeting on 15 July 2005
, the DSB considered a request by Brazil under Article 4.10 of 
the SCM Agreement and Article 22.2 of the DSU fo r the DSB's authorization to take appropriate 
countermeasures and to suspend concessions or other obligations vis-à-vis the United States 
(WT/DS267/21).  
 The representatives of Brazil, the United States and the European Communities spoke. 
  The DSB took note of the statements and it was agreed that the matter raised by the United States in document WT/DS267/23 is referred to  arbitration, as required by Article 22.6 of the 
DSU. 
 
 At its meeting on 18 October 2005
, the DSB considered a request by Brazil under Article 7.9 
of the SCM Agreement and Article 22.2 of the DSU for the DSB's authorization to take appropriate 
countermeasures and to suspend concessions or other obligations vis-à-vis the United States 
(WT/DS267/26).  
 The representatives of Brazil, the United States and the European Communities spoke. 
  The DSB took note of the statements and it was agreed that the matter raised by the United States in document WT/DS267/27 is referred to  arbitration, as required by Article 22.6 of the 
DSU. 
 
(xiv) Sunset reviews of anti-dumping measures on oil country tubular goods from Argentina 
(WT/DSB/M/180, 181) 
 In May 2003
24, the DSB agreed to establish a panel to examine the complaint by Argentina 
pertaining to this matter.  In August 2004, the Unite d States notified the DSB of its decision to appeal 
certain issues of law and legal interpreta tions developed by the Panel (WT/DS268/5). 
 
 At its meeting on 17 December 2004 , the DSB considered the Appellate Body Report 
contained in WT/DS268/AB/R and the Panel Report contained in WT/DS268/R and Corr.1, 
pertaining to this matter.  
 The representatives of Argentina, the United States, Mexico, the European Communities, 
Norway and Hong Kong, China spoke.  
                                                     
 
24 WT/DSB/M/150.  WT/DSB/39 
 Page 19 
 
 
  The DSB took note of the statements and adopt ed the Appellate Body Report contained in 
WT/DS268/AB/R and the Panel Report containe d WT/DS268/R and Corr.1, as modified by the 
Appellate Body Report.   At the DSB meeting on 14 January 2005
, the representative of the United States informed the 
DSB of his country's intentions in respect of  implementation of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.3 of the DSU.   The representatives of the United States, Argentina and India spoke.  
 The DSB took note of the statements. 
 
(xv) Tax treatment for "Foreign Sales Corporations" (WT/DSB/M/182, 183) 
 At its meetings on 25 January 2005
, the DSB considered a request by the 
European Communities for the establishment of a panel to examine the implementation by the 
United States of the DSB's recommendations and ruli ngs in this dispute, pursuant to Article 21.5 of 
the DSU (WT/DS108/29).   The representatives of the European Communities and the United States spoke. 
  The DSB took note of the statements and agreed to revert to this matter. 
 
 At its meetings on 17 February 2005
, the DSB again considered this matter. 
  The representatives of the European Communities and the United States spoke. 
 
 The DSB took note of the statements and agreed, pursuant to Article 21.5 of the DSU, to refer 
to the original Panel, if possible, the matter  raised by the European Communities in document 
WT/DS108/29.  It was agreed that the Panel would have standard terms of reference. 
  The representatives of Australia and China reserve d their third-party rights to participate in 
the Panel's proceedings.
25 
 
6. Surveillance of implementation of recommendations adopted by the DSB 
 Matters considered by the DSB under this item are included on the agenda pursuant to 
Article 21.6 of the DSU which provides that: "U nless the DSB decides otherwise, the issue of 
implementation of the recommendations or rulings sh all be placed on the agenda of the DSB meeting 
after six months following the date of establis hment of the reasonable time-period pursuant to 
paragraph 3 and shall remain on the DSB's agenda until the issue is resolved.  At least 10 days prior to 
each such DSB meeting, the Member concerned shal l provide the DSB with a status report in writing 
of its progress in the implementation of the recommendations or rulings".  (a) Canada 
(i) Measures relating to exports of wheat and trea tment of imported grain (WT/DSB/M/189, 192, 
194, 196) 
 At its meeting on 19 May 2005
, the DSB considered the status report by Canada on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS276/20). 
                                                     
 
25 After the meeting, Brazil reserved its third-party ri ghts to participate in the Panel's proceedings.   WT/DSB/39 
Page 20  
 
  The representatives of Canada and the United States spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.    
 At its meeting on 20 June 2005
, the DSB considered the status report by Canada on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS276/20/Add.1).   The representatives of Canada and the United States spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     At its meeting on 20 July 2005
, the DSB considered the status report by Canada on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS276/20/Add.2).   The representatives of Canada and the United States spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   
  At its meeting on 31 August 2005
, the DSB considered the status report by Canada on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS276/20/Add.3). 
 
 The representatives of Canada and the United States spoke.   The DSB took note of the statements.  (b) European Communities 
(i) Conditions for the granting of tariff pref erences to developing countries (WT/DSB/M/188, 
189, 192, 194) 
 At its meeting on 20 April 2005
, the DSB considered the status report by the European 
Communities on its progress in the implementation of  the DSB's recommendations and rulings on this 
matter (WT/DS246/16). 
 
 The representatives of the Europ ean Communities and India spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.    
 At its meeting on 19 May 2005
, the DSB considered the status report by the 
European Communities on its progress in the im plementation of the DSB's recommendations and 
rulings on this matter (WT/DS246/16/Add.1).   The representatives of the Europ ean Communities and India spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     WT/DSB/39 
 Page 21 
 
 
  At its meeting on 20 June 2005 , the DSB considered the status report by the 
European Communities on its progress in the im plementation of the DSB's recommendations and 
rulings on this matter (WT/DS246/16/Add.2).   The representatives of the Europ ean Communities and India spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     At its meeting on 20 July 2005
, the DSB considered the status report by the 
European Communities on its progress in the im plementation of the DSB's recommendations and 
rulings on this matter (WT/DS246/16/Add.3).   The representatives of the Europ ean Communities and India spoke. 
 
 The DSB took note of the statements. 
 (c) Mexico 
(i) Measures affecting telecommunications services (WT/DSB/M/180, 182, 183, 186, 188, 189, 
192, 194, 196) 
 At its meeting on 17 December 2004
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS204/9).   The representatives of Mexico and the United States spoke.    
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     At its meeting on 25 January 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS204/9/Add.1). 
 
 The representatives of Mexico and the United States spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   
 
 At its meeting on 17 February 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS204/9/Add.2).   The representatives of Mexico and the United States spoke.   
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     At its meeting on 21 March 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS204/9/Add.3).   The representatives of Mexico and the United States spoke.   WT/DSB/39 
Page 22  
 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.    At its meeting on 20 April 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS204/9/Add.4). 
  The representatives of Mexico and the United States spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   
  At its meeting on 19 May 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS204/9/Add.5). 
 
 The representatives of Mexico and the United States spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.    
 At its meeting on 20 June 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS204/9/Add.6).   The representatives of Mexico and the United States spoke.   
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.     At its meeting on 20 July 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS204/9/Add.7). 
  The representatives of Mexico and the United States spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   
  At its meeting on 31 August 2005
, the DSB considered the status report by Mexico on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS204/9/Add.8).  
 The representatives of Mexico and the United States spoke.   
  The DSB took note of the statements.   WT/DSB/39 
 Page 23 
 
 
 (d) United States 
(i) Anti-dumping measures on certain hot-rolled st eel products from Japan (WT/DSB/M/180, 
182, 183, 186, 188, 189, 192, 194, 196, 198, 199) 
 At its meeting on 17 December 2004 , the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS184/15/Add.26). 
  The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   
  At its meeting on 25 January 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.27). 
 
 The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.    
 At its meeting on 17 February 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.28).   The representatives of the United States and Japan spoke.   
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 21 March 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.29). 
  The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 20 April 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.30).  
 The representatives of the United States and Japan spoke.   
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 19 May 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.31).  WT/DSB/39 
Page 24  
 
  The representatives of the United States and Japan spoke.   
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 20 June 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.32).   The representatives of the United States and Japan spoke.   
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.33).   The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 31 August 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS184/15/Add.34). 
 
 The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 27 September 2005
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS184/15/Add.35).   The representatives of the United States and Japan spoke.   
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 18 October 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS184/15/Add.36). 
  The representatives of the United States and Japan spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
   WT/DSB/39 
 Page 25 
 
 
 (ii) Continued Dumping and Subsidy Offset Act of  2000  (WT/DSB/M/180, 182, 183, 186, 188, 
189, 192, 194, 196, 198, 199) 
 At its meeting on 17 December 2004 , the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS217/16/Add.11 – WT/DS234/24/Add.11).   
 The representatives of the United States, th e European Communities, Canada, Japan and 
Hong Kong, China spoke.     The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 25 January 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.12 – WT/DS234/24/Add.12).   
 The representatives of the United States, th e European Communities, Canada and Japan 
spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 17 February 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.13 – WT/DS234/24/Add.13).  
 
 The representatives of the United States, th e European Communities,  Japan and Canada 
spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 21 March 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.14 – WT/DS234/24/Add.14).    The representatives of the United States, the European Communities, Canada, Japan, Brazil 
and Chile spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 April 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.15 – WT/DS234/24/Add.15).  
 
 The representatives of the United States, th e European Communities, Canada and Japan 
spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  WT/DSB/39 
Page 26  
 
  At its meeting on 19 May 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.16 – WT/DS234/24/Add.16).  
 
 The representatives of the United States, the Eu ropean Communities, Canada, Korea, India, 
Japan, Brazil and Chile spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 20 June 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.17 – WT/DS234/24/Add.17).    The representatives of the United States, the European Communities, Canada, Korea, Japan, 
India and Brazil spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.18 – WT/DS234/24/Add.18).    The representatives of the United States, the European Communities, Canada, Japan, Korea, 
India, Mexico and Brazil spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 31 August 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS217/16/Add.19 – WT/DS234/24/Add.19).  
  The representatives of the United States, the European Communities, Canada, Japan, Mexico 
and India spoke.  
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 27 September 2005
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS217/16/Add.20 – WT/DS234/24/Add.20).  
 
 The representatives of the United States, th e European Communities, Canada, Japan and 
Brazil spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 18 October 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS217/16/Add.21 – WT/DS234/24/Add.21).   WT/DSB/39 
 Page 27 
 
 
  The representatives of the United States, the European Communities, Brazil, Canada and 
Japan spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(iii) Final countervailing duty determination w ith respect to certain softwood lumber from 
Canada (WT/DSB/M/180) 
 At its meeting on 17 December 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS257/14/Add.1). 
  The representatives of the United States and Canada spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(iv) Section 110(5) of the US Copyright Act (WT/DSB/M/180, 182, 183, 186, 188, 189, 192, 194, 
196, 198, 199) 
 At its meeting on 17 December 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS160/24/Add.1). 
  The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 25 January 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24/Add.2).  
 The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 17 February 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24/Add.3).   The representatives of the United States  and the European Communities spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 21 March 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS160/24/Add.4). 
  The representatives of the United States  and the European Communities spoke. WT/DSB/39 
Page 28  
 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 April 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS160/24/Add.5). 
  The representatives of the United States, th e European Communities and Australia spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 19 May 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24/Add.6). 
 
 The representatives of the United States, th e European Communities and Australia spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 20 June 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24/Add.7).   The representatives of the United States  and the European Communities spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 July 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS160/24/Add.8). 
  The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 31 August 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS160/24/Add.9).  
 The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 27 September 2005
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS160/24/Add.10).   The representatives of the United States  and the European Communities spoke. 
  WT/DSB/39 
 Page 29 
 
 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 18 October 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS160/24/Add.11). 
  The representatives of the United States  and the European Communities spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(v) Section 211 Omnibus Appropriations Act of 1998 (WT/DSB/M/180, 182, 183, 186, 188, 189,  
192, 194, 196, 198, 199) 
 At its meeting on 17 December 2004
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS176/11/Add.26).    The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 25 January 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.27). 
 
  The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 17 February 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.28).    The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 21 March 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.29). 
   The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 20 April 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.30). WT/DSB/39 
Page 30  
 
  The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 19 May 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.31).    The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 20 June 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.32).    The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 20 July 2005
, the DSB considered the status report by the United States on 
its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.33). 
  
 The representatives of the United States, the European Communities and Cuba spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 31 August 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS176/11/Add.34).    The representatives of the United States, the European Communities and Cuba spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 27 September 2005
, the DSB considered the status report by the 
United States on its progress in the implementation of the DSB's recommendati ons and rulings on this 
matter (WT/DS176/11/Add.35). 
   The representatives of the United States, the European Communities, Cuba, China and 
Canada spoke.  
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 18 October 2005
, the DSB considered the status report by the United States 
on its progress in the implementation of the DSB's recommendations and rulings on this matter 
(WT/DS176/11/Add.36).  WT/DSB/39 
 Page 31 
 
 
  The representatives of the United States, the European Communities, Cuba, China, 
Venezuela, Brazil and Mexico spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
7. Other matters raised under "Other Business" 
(a) United States – Anti-Dumping Act of 1916:  Statement by the United States 
(WT/DSB/M/180)  
 At the DSB meeting on 17 December 2004
, the representative of the United States stated that 
on 3 December 2004, the US president had signed into law the Miscellaneous Trade and Technical 
Corrections Act of 2004, which included a provisi on repealing the 1916 Act.  Consequently, the 
United States stated that it had brought itself in to compliance with the DSB's recommendations and 
rulings in this dispute.  
 The representatives of the United States, Japan and the European Communities spoke. 
  The DSB took note of the statements.  (b) European Communities – Definitive safeguard measure on salmon:  Statement by Chile 
(WT/DSB/M/192) 
 At the DSB meeting on 20 June 2005
, the representative of Chile stated her country had 
withdrawn its request for consultations pertaining to the dispute:  "European Communities – Definitive Safeguard Measure on Salmon" (WT/DS326/4) .  She said that the withdrawal was due to 
the fact that the EC had terminated its WTO-inconsistent measure.  
 The representatives of Chile and the European Communities spoke. 
  The DSB took note of the statements.  (c) "European Communities – The ACP–EC Partnership Agreement – Recourse to Arbitration 
Pursuant to the Decision of 14 November 2001" :  Award of the Arbitrator:  Statement by 
Colombia, on behalf of Brazil, Colombia , Costa Rica, Ecuador, Guatemala, Honduras, 
Nicaragua, Panama and Venezuela (WT/DSB/M/195) 
 At the DSB meeting on 3 August 2005
, the representative of Colombia made a statement, on 
behalf of Brazil, Colombia, Costa Rica, Ecua dor, Guatemala, Honduras, Nicaragua, Panama and 
Venezuela, concerning the Award of the Arbitrator circulated on 1 August 2005 in 
document WT/L/616 pertaining to th e EC's banana import regime. 
 
 The representative of Colombia, speaking on behalf of Brazil, Colombia, Costa Rica, 
Ecuador, Guatemala, Honduras, Nicaragua, Panama and Venezuela, as well as the representatives of 
Honduras, the European Communities, Costa Rica and the Chairman spoke. 
 
 The DSB took note of the statements.   
 WT/DSB/39 
Page 32  
 
 (d) Mexico – Certain pricing measures for customs valuation and other purposes:  Statement by 
Guatemala (WT/DSB/M/196) 
 At the DSB meeting on 31 August 2005
, the representative of Guatemala informed Members 
that her country had withdrawn its request for cons ultations with Mexico regarding certain pricing 
measures for customs valuation and other purposes (WT/DS298/2). 
 
 The representatives of Guatemala and Mexico spoke.   The DSB took note of the statements.    
(e) Panama – Tariff classification of certain  milk products:  Statement by Mexico 
(WT/DSB/M/199) 
 At the DSB meeting on 18 October 2005
, the representative of Mexico announced that 
Panama and Mexico had reached a mutually agreed solution in relation to the dispute:  "Panama – 
Tariff Classification of Certain Milk Products" (WT/DS329/2). 
 
 The DSB took note of the statement.     
__________