. /.  RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/DSB/M/201 
25 January 2006 
 (06-0353) 
Dispute Settlement Body 
6 December 2005  
 
 
 
MINUTES OF MEETING 
 
Held in the Centre William Rappard  
on 6 December 2005  
 
Chairman:  Mr. Eirik Glenne (Norway) 
  
Prior to the adoption of the agenda
, the item concerning the Panel Report in the case on: 
"Mexico – Tax Measures on Soft Drinks and Other Beverages" (WT/DS308/R) was removed from the 
proposed agenda following Mexico's decision to appeal the Report. 
 
1. United States – Laws, regulations and methodology for calculating dumping margins 
("Zeroing") 
(a) Joint request by the European Communities and the United States (WT/DS294/11) 
1. The Chairman  drew attention to the communication from the European Communities and the 
United States contained in document WT/DS294/ 11 and invited the representative of the 
European Communities to speak. 
2. The representative of the European Communities  said that the Panel had circulated its final 
Report in the dispute under consideration on 31 Octobe r 2005.  He noted that the 60-day period within 
which the DSB shall adopt the Panel Report unless there was consensus against adoption or appeal 
would expire on 30 December 2005, in accordance with Article 16.4 of the DSU.  In order to take 
account of the end of year period, and to avoid inconveniencing any appeal procedure, the EC and the United States had agreed that the time-period for ad option of the Panel Report should be extended to 
31 January 2006.  He said that the draft deci sion submitted at the present meeting for adoption 
(WT/DS294/11) endorsed that agreement. The exte nsion had been agreed on the understanding that 
the rights of the European Communities and the Unite d States with respect to adoption or appeal of 
the Panel Report would be preserved, as if such adop tion or appeal had been requested within the 60 
days specified in Article 16.4 of the DSU.  This  was without prejudice to the question of whether 
these rights would not be preserved without such exte nsion.  The EC would be grateful if the DSB 
could accede to the joint request to agree to  the extension of the 60-day time period. 
3. The representative of the United States
 said that his country joined the EC in asking that the 
DSB agree to provide additional time for adoption of the Panel Report in the dispute under consideration by adopting the draft decision set  forth in document WT/DS294/11, which was the 
document that was before the DSB at the presen t meeting, and which expressed the agreement  
between the United States and the EC on this matte r.  The draft decision would provide for adoption 
by negative consensus by no later than 31 January 2006.  Such additional time would provide greater 
flexibility in scheduling given the many demands on delegations, as well as the Appellate Body and 
its staff, during the year-end period.  The United St ates appreciated the support of all the Members of 
the DSB in this regard. WT/DSB/M/201 
Page 2  
 
  4. The DSB took note
 of the statements made. 
5. The Chairman  proposed that:  "The DSB agree that, upon a request by the European 
Communities or the United States, the DSB shall no later than 31 January 2006, adopt the Report of 
the Panel in the dispute:  United States – Laws, Regulations and Methodology for Calculating 
Dumping Margins ('Zeroing')  contained in document WT/DS294/R unless (i) the DSB decides by 
consensus not to do so or (ii) the European Comm unities or the United States notifies the DSB of its 
decision to appeal pursuant to Article 16.4 of the DSU". 
6. The DSB so agreed . 
 
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