. /.  WORLD TRADE  
ORGANIZATION   
WT/DS322/45 
9 February 2012 
 (12-0791) 
 Original:   English 
  
 
UNITED STATES – MEASURES RELATING TO ZEROING 
AND SUNSET REVIEWS 
 
Recourse to Article 22.6 of the DSU by the United States 
 
Communication from the Arbitrator 
 
  The following communication, dated 7 February 2012, from the Chairperson of the Arbitrator 
to the Chairperson of the Dispute Settlement Body, is circulated to Members for their information. 
 
_______________ 
 
 
The United States and Japan have jointly requested  the Arbitrator to continue the suspension 
of its work originally decided on 13 Decemb er 2010 (WT/DS322/38) (see the request attached). 
 
On the basis of this request, the Arbitrator has decided to continue the suspension of its work. 
 
The suspension may be terminated at any time at the written request of either Party and upon 
such termination the Arbitrator's work will resume. 
 
The suspension will be automatically terminated  and the Arbitrator's work will resume on 
21 August 2012, unless Japan submits a written communi cation to the contrary to the Arbitrator by 
20 August 2012.  
The suspension is without prejudice to any of the Parties' claims and arguments in these 
dispute settlement proceedings.  
The suspension will not otherwise affect the ri ghts and obligations of either Party under the  
Marrakesh Agreement Establishing the World Trad e Organization or in these dispute settlement 
proceedings. 
 WT/DS322/45 
Page 2  
 
   
Communication dated 6 February 2012, 
Addressed to Mr Jose Antonio Buencamino, Chairperson of the Arbitrator, 
from the delegations of the United States and Japan 
  
The United States and Japan (the "Parties") wish to thank you and the other members of the 
Arbitrator for agreeing to serve in  the above-referenced proceeding. 
 
The parties recall that, upon their request, the Arb itrator suspended its work in this proceeding 
on 13 December 2010.  By the letter submitted on 31 January 2012, the Parties requested the 
Arbitrator to continue the suspension of its work a nd confirmed that the work of the Arbitrator would 
resume on 7 February 2012, unless Japan submitted a written communication to the contrary to the 
Arbitrator by 6 February 2012.  At this time, the Pa rties are pleased to inform the Arbitrator that they 
have signed a Memorandum of Unders tanding regarding this dispute.  A copy of the Memorandum of 
Understanding is attached to this letter.
*  As envisioned in the Memo randum of Understanding, the 
Parties would respectfully request that the Arb itrator continue the suspension of its work. 
 
The Parties hereby confirm the following matte rs, which they request the Arbitrator to 
incorporate expressly or by reference in any decisi on by the Arbitrator to continue the suspension: 
 
 the suspension may be terminated at any time at the written request of either Party and upon 
such termination the work of the Arbitrator will resume;  
 the suspension will be automatically terminated and the work of the Arbitrator will resume on 
21 August 2012, unless Japan submits a written communication to the contrary to the Arbitrator by 20 August 2012;  
 the suspension is without prejudice to any of the Parties' claims and arguments in these 
dispute settlement proceedings;  and  
 the suspension will not otherwise affect the ri ghts and obligations of either Party under the  
Marrakesh Agreement Establishing  the World Trade Organization  or in these dispute 
settlement proceedings. 
 
__________  
                                                      
* The Parties have requested that the Memorandum of  Understanding be circulated to the Members of 
the Dispute Settlement Body. (Note from the Secretariat,  the Memorandum of Understanding was circulated to 
Members as document WT/DS322/44.)