. /.   WORLD TRADE  
ORGANIZATION  WT/DS397/6 
13 January 2011 
 
 (11-0224) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES
1 – DEFINITIVE ANTI-DUMPING MEASURES 
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA  
 
Joint Request by the Eu ropean Union and China  
for a Decision by the DSB  
 
  The following communication, dated 10 January  2011, from the delegation of the European 
Union and the delegation of China to the Chairm an of the Dispute Settlement Body (DSB), is 
circulated at the request of those delegations. 
 
_______________ 
  
 The People's Republic of China and the European Union would like to request that the 
Dispute Settlement Body (DSB) adopt the enclosed  draft decision with respect to the dispute 
European Communities – Definitive Anti-Dumping Meas ures on Certain Iron or Steel Fasteners from 
China (WT/DS397) at its meeting to be held on 25 Janua ry 2011. We consider that the decision would 
provide greater flexibility in scheduling given the h eavy workload on the Appellate Body at this time. 
Attached to the letter you will also find the text of the procedural agreement between the parties to the 
dispute. 
 
 We would be grateful if you could circulat e this request including its attachments to WTO 
Members.  
_______________ 
  
Draft decision of the DSB
 
   "The DSB agrees that, upon a request by the Pe ople's Republic of China or the European 
Union, the DSB shall no later than 25 March 2011 , adopt the report of the panel in the dispute 
European Communities – Definitive Anti-Dumping Meas ures on Certain Iron or Steel Fasteners from 
China (WT/DS397/R) unless (i) the DSB decides by consensus not to do so or (ii) the People's 
Republic of China or the European Union notifies the DSB of its decision to appeal pursuant to 
Article 16.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ." 
 
                                                     
 
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisbon, 13 December 2007) entered into force.  On 
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the Eu ropean Union and 
the Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 
1 December 2009, the European Union replaces and  succeeds the European Community.   WT/DS397/6 
Page 2  
 
  Procedural Agreement between the People's Republic of China and the European Union
 
regarding the Time Period under Article 16.4 of the DSU  
 
 1. In order to take into account the current wo rkload of the Appellate Body, the above parties 
agree that the 60-day time period in Article 16.4 of Understanding on Rules and Procedures 
Governing the Settlement of Disputes  (DSU), as applicable to the above dispute, will be extended to 
25 March 2011, and that a decision of the Dispute Settlement Body (DSB) on this extension will be 
sought at the meeting of the DSB to be held on 25 January 2011.  
2. The parties agree to this extension on the understanding that the rights of the parties to the 
dispute with respect to adoption or appeal of the panel report (WT/DS397/R) are preserved, as if such adoption or appeal had been requested within the 60-day time period specified in Article 16.4 of the 
DSU.  
3. Neither party will file a notice of appeal of  the panel report before  22 March 2011, provided 
the DSB decision set out in paragraph 1 is obtained.  4. Either party may present the report for adoption at the DSB meeting to be held on 25 March 2011, and such an action does not prejudice the right of this party to appeal or cross-appeal the report in accordance with the DSU.  If for any reason neither party files a notice of appeal on or 
after 22 March 2011, the report shall be adopted at  the DSB meeting to be held on 25 March 2011. If 
a meeting of the DSB is not scheduled on 25 March 2011, a special meeting of the DSB shall be held on 25 March 2011 upon the request of either party.   
For the People's Republic of China 
    
YI Xiaozhun 
Ambassador 
Permanent Representative of China  
to the World Trade Organization For the European Union 
    
Angelos Pangratis 
Ambassador 
Permanent Representative of the European Union 
to the World Trade Organization 
 
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