. /.   WORLD TRADE  
ORGANIZATION  WT/DS394/8 
WT/DS395/8 
WT/DS398/7 
30 March 2010 
 (10-1709) 
  
  
 
CHINA – MEASURES RELATED TO THE EXPORTATION  
OF VARIOUS RAW MATERIALS 
 
Constitution of the Panel Established at the Requests of the United States,
 
the European Communities1 and Mexico  
 
Note by the Secretariat  
  1. At its meeting on 21 December 2009, the Di spute Settlement Body (DSB) established a single 
panel pursuant to the requests of the United States in document WT/DS394/7, the 
European Communities in document WT/DS395/7 and Mexico in document WT/DS398/6, in 
accordance with Article 9.1 of the DSU (WT/DSB/M/277).  2. The Panel's terms of reference are the following:  
"To examine, in the light of the relevant provisions of the covered agreements cited 
by the parties to the dispute, the matter referred to the DSB by the United States in 
document WT/DS394/7, the European Communities in document WT/DS395/7 and Mexico in document WT/DS398/6, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those 
agreements." 
3. On 19 March 2010, the United States, the European Union and Mexico requested the 
Director-General to determine the composition of th e panel, pursuant to paragraph 7 of Article 8 of 
the DSU.  This paragraph provides:  
"If there is no agreement on the panelists within 20 days after the date of the 
establishment of a panel, at the request of  either party, the Director-General, in 
consultation with the Chairman of the DSB and the Chairman of the relevant Council 
or Committee, shall determine the com position of the panel by appointing the 
panelists whom the Director-General consid ers most appropriate in accordance with 
any relevant special or additional rules or  procedures of the covered agreement or 
covered agreements which are at issue in th e dispute, after consulting with the parties 
to the dispute.  The Chairman of th e DSB shall inform the Members of the 
composition of the panel thus formed no later than 10 days after the date the 
Chairman receives such a request." 
                                                     
 
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Commun ity (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 European 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/DS394/8 
WT/DS395/8 WT/DS398/7 
Page 2 
  
  4. On 29 March 2010, the Director-General accordingly composed the Panel as follows: 
 
Chairman: Mr Elbio Rosselli 
 
 Members: Ms Dell Higgie    Mr Nugroho Wisnumurti  5. Argentina, Brazil, Canada, Chile, Colombia, Ecuador, the European Union (with respect to 
WT/DS394 and WT/DS398), India, Japan, Korea, Mexico (with respect to WT/DS394 and 
WT/DS395), Norway, Chinese Taipei, Turkey, Saudi Arabia and the United States (with respect to 
WT/DS395 and WT/DS398) have reserved their rights to  participate in the Panel proceedings as third 
parties.   
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