WORLD TRADE  
ORGANIZATION  WT/DSB/W/389 
7 November 2008 
 (08-5414) 
  
  
 
 
DISPUTE SETTLEMENT BODY 
 
Draft Annual Report (2008
)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  15 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/243 – WT/DSB/M/2573 and should be read in conjunction with 
this report.   The following subjects are included in the report: 
 
Page
  
1.
 Election of Chairman........................................................................................................... .....3 
2. Indicative list of governmental and non-governmental panelists.........................................3  
3. Recourse to dispute se ttlement procedures ............................................................................4  
(a) Australia...................................................................................................................... ................4  
(i) Measures affecting the importatio n of apples from New Zealand ..............................................4  
(b) Brazil......................................................................................................................... ..................4  
(i) Measures affecting impor ts of retreaded tyres ...........................................................................4  
(c) European Communities........................................................................................................... ....5 
(i) Anti-dumping measure on farmed salmon from Norway ............................................................5  
(ii) Measures affecting the approval and marketing of biotech products.........................................5  
(d) European Communities and its member States...........................................................................5  
(i) Tariff treatment of certain information technology products .....................................................5  
(e) Japan .......................................................................................................................... .................6  
(i) Countervailing duties on dynamic rando m access memories from Korea..................................6  
                                                      
1 The overview of the state of play  of WTO disputes since 1 January 1995 to 31 October 2008 prepared 
by the Secretariat on its own responsibility is included, fo r practical purposes, in an Addendum to this report. 
2 WT/DSB/43. 
3 The present report includes meetings of the DSB starting from the 17 December 2007 DSB meeting 
until the 21 October 2008 DSB meeting. WT/DSB/W/389 
Page 2  
 
  (f)
 Mexico ......................................................................................................................... ...............7  
(i) Definitive countervailing measures on olive o il from the European Communities ....................7  
(g) Thailand ....................................................................................................................... ...............7  
(i) Customs and fiscal measures on cigarettes from the Philippines...............................................7  
(h) United States .................................................................................................................. .............8  
(i) Customs Bond Directive for merchandise subject to anti-dumping/countervailing 
duties......................................................................................................................... ..................8  
(ii) Domestic support and export credit guarantees for agricultural products/Subsidies 
and other domestic support for corn and other agricultural products .......................................8  
(iii) Final anti-dumping measures on st ainless steel fr om Mexico....................................................9  
(iv) Measures relating to shrimp from Thailand ...............................................................................9  
(v) Measures relating to zeroi ng and sunset reviews .....................................................................10  
(vi) Subsidies on upland cotton ..................................................................................................... ..10 
4. Surveillance of implementation of recommendations adopted by the DSB.......................11  
(a) European Communities........................................................................................................... ..11 
(i) Measures affecting the approval and marketing of biotech products.......................................11  
(b) Turkey......................................................................................................................... ..............13  
(i) Measures affecting the importation of rice...............................................................................13  
(c) United States .................................................................................................................. ...........13  
(i) Anti-dumping measures on certain hot-ro lled steel products from Japan................................13  
(ii) Measures relating to zeroi ng and sunset reviews .....................................................................15  
(iii) Section 110(5) of the US Copyright Act....................................................................................15  
(iv) Section 211 Omnibus Appropr iations Act of 1998....................................................................17  
5. European Communities – Regime for the importation, sale and distribution of 
bananas:  Second recourse to Article 21.5 of the DSU by Ecuador:  Joint request 
by Ecuador and the European Communities for a decision by the DSB ...........................19  
6. European Communities – Regime for the importation, sale and distribution of 
bananas:  Recourse to Article 21.5 of the DSU by the United States:  Joint request by the United States and the European Communities ...........................................20
 
7. Expression of views under Article 17.14 of the DSU prior to the adoption of an Appellate Body report:  Statement by the European Communities...................................20
 
8. Mexico – Anti-dumping measures on steel tubes and pipes originating from 
Guatemala:  Statement by Mexico ........................................................................................20  
9. Statement by Ecuador regarding the European Communities' regime for the 
importation, sale and distribution of bananas......................................................................20  
10. United States – Continued Dumping and Subsidy Offset Act of 2000:  Implementation of the recommendations adopted by the DSB:  Statements by 
the European Communities and Japan.................................................................................21
 
 
  WT/DSB/W/389 
 Page 3 
 
 
  1. Election of Chairman (WT/DSB/M/247) 
 At its meeting on 19 February 2008 , the DSB elected Amb. Mario Matus (Chile) as Chairman 
of the DSB by acclamation.   The outgoing Chairman as well as the repres entatives of Chile, the United States, the 
European Communities, Costa Rica, Japan, Brazil,  Canada, India, China, Mexico, Cuba, Ecuador, 
Argentina, Korea and Hong Kong, China spoke.
4 
  The DSB took note of the statements.  2. Indicative list of governmental and no n-governmental panelists (WT/DSB/M/245 & 
Corr.1, 248, 249, 250, 253, 254, 257) 
 At its meeting on 21 January 2008
, the DSB approved the names contained in document 
WT/DSB/W/367 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
 
At its meeting on 14 March 2008 , the DSB approved the names contained in document 
WT/DSB/W/372 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
At its meeting on 18 April 2008 , the DSB approved the name contained in document 
WT/DSB/W/374 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
At its meeting on 20 May 2008 , the DSB approved the names contained in document 
WT/DSB/W/376 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
 At its meeting on 24 June 2008 , the DSB approved the name contained in document 
WT/DSB/W/380 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.   At its meeting on 1 August 2008
, the DSB approved the names contained in document 
WT/DSB/W/382 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU. 
 
 At its meeting on 21 October 2008 , the DSB approved the names contained in document 
WT/DSB/W/387 proposed for inclusion on the indica tive list, in accordance with Article 8.4 of the 
DSU.  
                                                     
 
4 The incoming Chairman made a statement pertaining to this matter prior to the adoption of the 
Agenda of the 14 March 2008 DSB meeting (WT/DSB/M/248). WT/DSB/W/389 
Page 4  
 
  3. Recourse to dispute settlement procedures 
(a) Australia 
(i) Measures affecting the importation of appl es from New Zealand (WT/DSB/M/243, 245 & 
Corr.1) 
 At its meeting on 17 December 2007
, the DSB considered a request by New Zealand for the 
establishment of a panel to examine its complaint w ith regard to Australia's measures affecting the 
importation of apples from New Zealand (WT/DS367/5).   The representatives of New Zealand and Australia spoke.  
 The DSB took note of the statements and agreed to revert to this matter. 
  At its meeting on 21 January 2008
, the DSB again considered this matter. 
  The representatives of New Zealand and Australia 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 Chile, the European Communities, Japan, Chinese Taipei and the 
United States reserved their third-party rights to participate in the Panel's proceedings.
5 
 
(b) Brazil 
(i) Measures affecting imports of retreaded tyres (WT/DSB/M/243, 244) 
 In January 20066, the DSB agreed to establish a pane l to examine the complaint by the 
European Communities pertaining to this matter .  In September 2007, the European Communities 
notified the DSB of its decision to appeal certain is sues of law and legal inte rpretations developed by 
the Panel (WT/DS332/9).   At its meeting on 17 December 2007
, the DSB considered the Appellate Body Report 
contained in WT/DS332/AB/R and the Panel Report  contained in WT/DS332/R pertaining to this 
matter. 
 
 The representatives of the European Communiti es, Brazil, the United States and Australia 
spoke.   The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS332/AB/R and the Panel Report contained in WT/DS332/R, as modified by the Appellate 
Body Report.   At the DSB meeting on 15 January 2008
, the representative of Brazil 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 Brazil and the European Communities spoke. 
                                                      
5 After the meeting, Pakistan reserv ed its third-party rights to par ticipate in the Panel's proceedings. 
6 WT/DSB/M/203.  WT/DSB/W/389 
 Page 5 
 
 
   The DSB took note of the statements, and of the information provided by Brazil regarding its 
intentions in respect of implementation of the DSB's recommendations and rulings.  (c) European Communities 
(i) Anti-dumping measure on farmed salmon fr om Norway (WT/DSB/M/244, 246, 254) 
 In June 2006
7, the DSB agreed to establish a panel to examine the complaint by Norway 
pertaining to this matter.    At its meeting on 15 January 2008
, the DSB considered the Panel Report contained in 
WT/DS337/R pertaining to this matter. 
 
 The representatives of Norway, the Europ ean Communities and Hong Kong, China spoke. 
  The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS337/R.   
 
 At the DSB meeting on 8 February 2008
, 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 European  Communities and Norway 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. 
  At the DSB meeting on 1 August 2008
, the European Commun ities made a statement 
regarding the implementation of the DSB's recommendations in this dispute.  
  The representatives of the Europ ean Communities and Norway spoke. 
  The DSB took note of the statements.  (ii) Measures affecting the approval and ma rketing of biotech products (WT/DSB/M/246) 
At its meeting on 8 February 2008
, the DSB considered a request by the United States, 
pursuant to Article 22.2 of the DSU, for the DSB' s authorization to suspend concessions and other 
obligations vis-à-vis  the European Communities (WT/DS291/39). 
 
The representatives of the United States  and the European Communities spoke. 
 The DSB took note of the statements, and it was ag reed that the matter raised by the European 
Communities in WT/DS291/40 is referred to arbitra tion, as required by Article 22.6 of the DSU. 
 
(d) European Communities and its member States 
(i) Tariff treatment of certain information technology products (WT/DSB/M/255, 256) 
 At its meeting on 29 August 2008
, the DSB considered a joint request by the United States, 
Japan and the Separate Customs Territory of  Taiwan, Penghu, Kinmen and Matsu for the 
                                                      
7 WT/DSB/M/216. WT/DSB/W/389 
Page 6  
 
  establishment of a panel to examine their complaint with regard to the EC and its member States' 
tariff treatment of certain information t echnology products (WT/DS375/8 – WT/DS376/8 – 
WT/DS377/6).    The representatives of the United States, Japan, Chinese Taipei and the European 
Communities spoke. 
  The DSB took note of the statements and agreed to revert to this matter.   At its meeting on 23 September 2008
, the DSB again considered this matter. 
 
 The representatives of the United States,  Chinese Taipei, Japan 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 with standard te rms of reference to examine the complaint by the 
United States, Japan and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu 
contained in document WT/DS375/ 8 – WT/DS376/8 – WT/DS377/6. 
  The representatives of Brazil, China, India, Kor ea, Philippines, Thailand, Viet Nam and Hong 
Kong, China reserved their third-party rights to participate in the Panel's proceedings.
8 
 
(e) Japan 
(i) Countervailing duties on dynamic random access memories from Korea (WT/DSB/M/243, 
244, 255, 256)  
 In June 20069, the DSB agreed to establish a panel to examine the complaint by Korea 
pertaining to this matter.  In August 2007, Japan notified the DSB of its decision to appeal certain 
issues of law and legal interpretations  developed by the Panel (WT/DS336/8). 
  At its meeting on 17 December 2007
, the DSB considered the Appellate Body Report 
contained in WT/DS336/AB/R & Corr.1 and the Pa nel Report contained in WT/DS336/R pertaining 
to this matter. 
 
 The representatives of Korea, Japan and the European Communities spoke. 
  The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS336/AB/R & Corr.1 and the Panel Report c ontained in WT/DS336/R, as modified by the 
Appellate Body Report. 
  At the DSB meeting on 15 January 2008
, the representative of Japan 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 Japan and Korea spoke. 
  The DSB took note of the statements, and of the information provided by Japan regarding its intentions in respect of implementation of the DSB's recommendations. 
                                                     
 
8 After the meeting, Australia, Costa Rica, Singapore and Turkey reserved their third-party rights to 
participate in the Panel's proceedings. 
9 WT/DSB/M/215.  WT/DSB/W/389 
 Page 7 
 
 
   At the DSB meeting on 29 August 2008 , Japan made a statement concerning the 
implementation of the DSB's recommendations and rulings in this dispute.   The representatives of Japan and Korea spoke.  
 The DSB took note of the statements. 
  At its meeting on 23 September 2008
, the DSB considered a request by Korea for the 
establishment of a panel to examine the implemen tation by Japan of the DSB's recommendations and 
rulings in this dispute pursuant to Article 21.5 of the DSU (WT/DS336/19). 
 
 The representatives of Korea and Japan 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 Korea in document WT/DS336/19.  It was 
agreed that the Panel would have  standard terms of reference. 
  The representatives of the European Commun ities, Chinese Taipei and the United States 
reserved their third-party rights to pa rticipate in the Panel's proceedings.
10 
 (f) Mexico 
(i) Definitive countervailing measures on olive oil from the European Communities 
(WT/DSB/M/257) 
In January 2007
11, the DSB agreed to establish a pane l to examine the complaint by the 
European Communities pertaining to this matter. 
 At its meeting on 21 October 2008 , the DSB considered the Panel Report contained in 
WT/DS341/R pertaining to this matter. 
 The representatives of the European Co mmunities, Mexico and Canada spoke. 
 The DSB took note of the statements a nd adopted the Panel Report contained in 
WT/DS341/R. 
(g) Thailand 
(i) Customs and fiscal measures on cigarettes from the Philippines (WT/DSB/M/257) 
 At its meeting on 21 October 2008 , the DSB considered a request by the Philippines for the 
establishment of a panel to examine its complain t with regard to Thailand's customs and fiscal 
measures on cigarettes from the Philippines (WT/DS371/3). 
 The representatives of the Philippines and Thailand spoke.  The DSB took note of the statements and agreed to revert to this matter. 
                                                     
 
10 After the meeting, China reserved its third-party rights to participate in the Panel's proceedings. 
11 WT/DSB/M/225. WT/DSB/W/389 
Page 8  
 
  (h) United States 
(i) Customs Bond Directive for merchandise subject to anti-dumping/countervailing duties 
(WT/DSB/M/254, 255) 
 In November 2006
12, the DSB agreed to establish a panel to examine the complaint by India 
pertaining to this matter.  In April 2008, India notif ied the DSB of its decision to appeal certain issues 
of law and legal interpretations de veloped by the Panel (WT/DS345/9). 
  At its meeting on 1 August 2008
, the DSB considered the Appellate Body Report contained in 
WT/DS345/AB/R and the Panel Report contained in WT/DS345/R pertaining to this matter. 
 
 The representatives of India and the United States spoke. 
  The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS345/AB/R and the Panel Report contained in WT/DS345/R, as modified by the Appellate 
Body Report. 
 
 At the DSB meeting on 29 August 2008
, 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 India 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.  (ii) Domestic support and export credit guarantees for agricultural products/Subsidies and other 
domestic support for corn and other agr icultural products (WT/DSB/M/243) 
 At its meeting on 17 December 2007
, the DSB considered a request by Brazil for the 
establishment of a panel to examine its complain t with regard to US domestic support and export 
credit guarantees for agricultural products (WT/DS365/13) as well as a request by Canada for the establishment of a panel to examine its complaint with regard to US subsidies and other domestic 
support for corn and other agricultural products (WT/DS357/12 & Corr.1). 
  The representatives of Canada, Brazil and the United States spoke.   The DSB took note of the statements and agreed  to establish a single panel in accordance with 
the provisions of Article 9.1 of the DSU, with sta ndard terms of reference, to examine the complaint 
by Canada contained in WT/DS357/12 & Corr. 1 and the complaint by Brazil contained in 
WT/DS365/13.   The representatives of Argentina, Australia, Ch ile, the European Communities, India, Japan, 
Mexico, New Zealand, Nicaragua, South Africa, Chinese Taipei and Thailand reserved their third-
party rights to participate in the Panel's proceedings.
13 
 
                                                      
12 WT/DSB/M/222. 
13 After the meeting, China, Turkey and Uruguay rese rved their third-party rights to participate in the 
Panel's proceedings.  WT/DSB/W/389 
 Page 9 
 
 
  (iii) Final anti-dumping measures on stainless steel from Mexico (WT/DSB/M/250, 251) 
 In October 200614, the DSB agreed to establish a panel to examine the complaint by Mexico 
pertaining to this matter.  In January 2008, Mexico  notified the DSB of its decision to appeal certain 
issues of law and legal interpretations  developed by the Panel (WT/DS344/7). 
 
 At its meeting on 20 May 2008 , the DSB considered the Appellate Body Report contained in 
WT/DS344/AB/R and the Panel Report contained in WT/DS344/R pertaining to this matter.  
  The representatives of Mexico, the United St ates, the European Communities, Thailand, 
Japan, Australia, Chile, India, Norway, Colombia and Hong Kong, China spoke. 
 
 The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS344/AB/R and the Panel Report contained in WT/DS344/R, as modified by the Appellate 
Body Report.   
 At the DSB meeting on 2 June 2008
, the United States made a statement regarding its 
intentions in respect of implementation of the DS B's recommendations and rulings in this dispute, 
pursuant to Article 21.3 of the DSU.    The representatives of the United States and Mexico spoke.  
 The DSB took note of the statements. 
 
(iv) Measures relating to shrimp from Thailand (WT/DSB/M/254, 255) 
 In October 2006
15, the DSB agreed to establish a panel to  examine the complaint by Thailand.  
In April 2008, Thailand notified the DSB of its d ecision to appeal certain issues of law and legal 
interpretations developed by  the Panel (WT/DS343/10). 
  At its meeting on 1 August 2008
, the DSB considered the Appella te Body Report contained in 
WT/DS343/AB/R  and the Panel Report contained in WT/DS343/R pertaining to this matter. 
  The representatives of Thailand, the United States, India, Chile and Viet Nam spoke. 
 
 The DSB took note of the statements, and a dopted the Appellate Body Report contained in 
WT/DS343/AB/R and the Panel Report contained in WT/DS343/R, as modified by the Appellate 
Body Report.  
 At the DSB meeting on 29 August 2008
, 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 Thailand spoke.  
 The DSB took note of the statements, and of the information provided by the United States 
regarding its intentions in respect of implemen tation of the DSB's recommendations and rulings. 
 
                                                     
 
14 WT/DSB/M/221. 
15 Idem.  WT/DSB/W/389 
Page 10  
 
  (v) Measures relating to zeroing and sunset review s (WT/DSB/M/245 & Corr.1, 247, 248, 249)  
 At the DSB meeting on 21 January 2008
, prior to the adoption of the Agenda, Japan stated 
that in light of the US action (WT/DS322/25), the DSB was not in a position to grant authorization pursuant to Article 22.6 of the DSU regarding Japan's requests under Article 22.2 of the DSU (WT/DS322/23;  WT/DS322/24) and requested that the matter be withdrawn from the Agenda.  
 
 The representatives of Japan, the Un ited States and the Chairman spoke. 
  The DSB took note of the statements and the shared understanding between the parties 
concerning the referral to arbitration, and a dopted the Agenda with the changes proposed.  
 
 At the DSB meeting on 19 February 2008
, Japan made a statement concerning the 
implementation of the DSB's recommendations in this dispute.    The representatives of Japan, the European  Communities and the United States spoke. 
 
 The DSB took note of the statements.   At the DSB meeting on 14 March 2008
, Japan again made a statement regarding the 
implementation of the DSB's recommendations in this dispute.  
 The representatives of Japan and the United States spoke. 
  The DSB took note of the statements.   At its meeting on 18 April 2008
, the DSB considered a request by Japan for the establishment 
of a panel to examine the implementation by th e United States of the DSB's recommendations and 
rulings in this dispute, pursuant to Article 21.5 of the DSU (WT/DS322/27).   The representatives of Japan 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 Japan in document WT/DS322/27.  It was 
agreed that the Panel would have  standard terms of reference. 
  The representatives of China, the European Communities, Norway, Chinese Taipei and Hong 
Kong, China reserved their third-party rights to participate in the Panel's proceedings.
16 
 
(vi) Subsidies on upland cotton (WT/DSB/M/252) 
 In September 200617, the DSB agreed to refer to the orig inal Panel, if possible, the matter 
raised by Brazil concerning the implementation by  the United States of the DSB's recommendations 
and rulings in this dispute.  In February 2008, the United States notified the DSB of its decision to appeal certain issues of law and legal interp retations developed by the Panel (WT/DS267/33). 
 
 At its meeting on 20 June 2008
, the DSB considered the Appellate Body Report contained in 
WT/DS267/AB/RW and the Panel Report contained in WT/DS267/RW & Corr.1 pertaining to this 
dispute. 
                                                      
16 After the meeting, Korea, Mexico and Thailand reserv ed their third-party rights to participate in the 
Panel's proceedings. 
17 WT/DSB/M/220.  WT/DSB/W/389 
 Page 11 
 
 
   The representatives of Brazil, the United St ates, Canada, Australia and the European 
Communities spoke.   The DSB took note of the statements, and adopt ed the Appellate Body Report contained in 
WT/DS267/AB/RW and the Panel Reports contained in WT/DS267/RW & Corr.1, as modified by the 
Appellate Body Report. 
 
4. 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) European Communities 
(i) Measures affecting the approval and mark eting of biotech products (WT/DSB/M/245 & 
Corr.1, 247, 248, 249, 250, 253, 254, 255, 256, 257)  
 At its meeting on 21 January 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37 – WT/DS292/31 – WT/DS293/31). 
  The representatives of the European Communiti es, the United States, Argentina 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 19 February 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.1 – WT/DS292/31/Add.1 – WT/DS293/31/Add.1). 
 
 The representatives of the European Communiti es, the United States, Argentina 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 14 March 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.2 – WT/DS292/31/Add.2 – WT/DS293/31/Add.2).  
 The representatives of the European Communiti es, the United States, Argentina and Canada 
spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 WT/DSB/W/389 
Page 12  
 
   At its meeting on 18 April 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.3 – WT/DS292/31/Add.3 – WT/DS293/31/Add.3).   The representatives of the European Communiti es, the United States, Canada and Argentina 
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 May 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.4 – WT/DS292/31/Add.4 – WT/DS293/31/Add.4).   The representatives of the European Communiti es, the United States, Argentina 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 24 June 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.5 – WT/DS292/31/Add.5 – WT/DS293/31/Add.5).   The representatives of the European Communiti es, Canada, Argentina 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 1 August 2008
, the DSB considered the stat us report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.6 – WT/DS292/31/Add.6 – WT/DS293/31/Add.6). 
  The representatives of the European Communiti es, Canada, Argentina 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 29 August 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.7 – WT/DS292/31/Add.7 – WT/DS293/31/Add.7). 
 
 The representatives of the European Commun ities, 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. 
 
 At its meeting on 23 September 2008
, the DSB considered the stat us report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.8 – WT/DS292/31/Add.8 – WT/DS293/31/Add.8).   WT/DSB/W/389 
 Page 13 
 
 
   The representatives of the European Communiti es, Canada, Argentina 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 October 2008
, the DSB considered the status report by the European 
Communities on progress in the implementation of the DSB's recommendations and rulings on this 
matter (WT/DS291/37/Add.9 – WT/DS292/31/Add.9 – WT/DS293/31/Add.9).  
 The representatives of the European Communiti es, the United States, Canada and Argentina 
spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
(b) Turkey 
(i) Measures affecting the importation of rice (WT/DSB/M/257) 
At its meeting on 21 October 2008
, the DSB considered the stat us report by Turkey on its 
progress in the implementation of the DSB's recommendations and rulings on this matter (WT/DS334/14). 
The representatives of Turkey and the United States spoke. 
The DSB took note of the statements. 
(c) United States 
(i) Anti-dumping measures on certain hot-rolled st eel products from J apan (WT/DSB/M/243, 245 
& Corr.1, 247, 248, 249, 250, 253, 254, 255, 256, 257) 
 At its meeting on 17 December 2007
, 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.61).   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 January 2008
, 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.62). 
  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/W/389 
Page 14  
 
   At its meeting on 19 February 2008
, 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.63).   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 14 March 2008
, 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.64).   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 April 2008
, 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.65). 
 
 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 May 2008
, 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.66).   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 24 June 2008
, 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.67).   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 1 August 2008
, 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.68). 
 
 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/W/389 
 Page 15 
 
 
   At its meeting on 29 August 2008 , 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.69).   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 23 September 2008
, 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.70).   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 October 2008
, 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.71). 
 
 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. 
 
(ii) Measures relating to zeroing and sunset reviews (WT/DSB/M/243, 245 & Corr.1) 
At its meeting on 17 December 2007
, 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/DS322/22/Add.1). 
 
The representatives of the United States, Jap an 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 January 2008
, 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/DS322/22/Add.2). 
 The representatives of the United States, Jap an and the European Communities spoke. 
 
The DSB took note of the statements.  
 
(iii) Section 110(5) of the US Copyright Act (WT/DSB/M/243, 245 & Corr.1, 247, 248, 249, 250, 
253, 254, 255, 256, 257) 
 At its meeting on 17 December 2007
, 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.36).  WT/DSB/W/389 
Page 16  
 
   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 January 2008
, 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.37).   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 19 February 2008
, 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.38).   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 14 March 2008
, 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.39). 
 
 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 18 April 2008
, 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.40).   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 May 2008
, 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.41). 
  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 24 June 2008
, 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.42).  WT/DSB/W/389 
 Page 17 
 
 
   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 1 August 2008
, 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.43).   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 29 August 2008
, 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.44).   The representatives of the United States, the European Communities and 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 23 September 2008
, 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.45). 
 
 The representatives of the United States, the European Communities and 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 21 October 2008
, 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.46).   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.  
(iv) Section 211 Omnibus Appropriations Act of 1998 (WT/DSB/M/243, 245 & Corr.1, 247, 248, 
249, 250, 253, 254, 255, 256, 257)  
 At its meeting on 17 December 2007
, 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.61).   The representatives of the United States, the European Communities, Cuba, the Bolivarian 
Republic of Venezuela, China, Thailand, India and Viet Nam spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. WT/DSB/W/389 
Page 18  
 
   At its meeting on 21 January 2008
, 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.62).   The representatives of the United States, the European Communities, Cuba, Brazil, China, 
Thailand, India, the Bolivarian Republic of Ven ezuela, Nicaragua, Argentina and Viet Nam 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 February 2008
, 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.63).   The representatives of the United States, the European Communities, Cuba, the Bolivarian 
Republic of Venezuela, India, Brazil, Chin a, Thailand, Bolivia and Mexico spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.   At its meeting on 14 March 2008
, 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.64).   The representatives of the United States, the European Communities, Cuba, the Bolivarian 
Republic of Venezuela, India, Brazil, Chin a, Thailand, Nicaragua and Viet Nam 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 April 2008
, 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.65). 
  The representatives of the United States, the European Communities, Cuba, India, Brazil, 
China, Thailand, Viet Nam, the Bolivarian Republic of Venezuela and Nicaragua 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 May 2008
, 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.66). 
 
 The representatives of the United States, the European Communities, Cuba, Brazil, India, 
Thailand, China, Viet Nam and Mexico spoke.   The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
  At its meeting on 24 June 2008
, 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.67).  WT/DSB/W/389 
 Page 19 
 
 
   The representatives of the United States, the European Communities, Cuba, Viet Nam, the 
Bolivarian Republic of Venezuela, Indi a, Thailand, Brazil and 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 1 August 2008
, 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.68).  
 The representatives of the United States, the European Communities, Cuba, the Bolivarian 
Republic of Venezuela, Brazil, India, China, Th ailand, Viet Nam, Argentina and Nicaragua spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting. 
 
 At its meeting on 29 August 2008
, 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.69).   The representatives of the United States, the European Communities, Cuba, China, Brazil, 
Thailand, India, the Bolivarian Republic of  Venezuela, Uruguay and Nicaragua spoke. 
  The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
 At its meeting on 23 September 2008
, 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.70).   The representatives of the United States, the European Communities, Cuba, China, India, 
Viet Nam, Thailand, Brazil, the Bolivarian Republic  of Venezuela, Nicaragua and Mexico 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 October 2008
, 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.71).   The representatives of the United States, the European Communities, Cuba, the Bolivarian 
Republic of Venezuela, India, China, Thailand, Brazil, Viet Nam, Nicaragua and Bolivia spoke. 
 
 The DSB took note of the statements and agreed  to revert to this matter at its next regular 
meeting.  
5. European Communities – Regime for the importation, sale and distribution of bananas:  
Second recourse to Article 21.5 of the DSU by  Ecuador:  Joint request by Ecuador and 
the European Communities for a decision by the DSB (WT/DSB/M/251) 
 At its meeting on 2 June 2008
, the DSB considered the joint request by Ecuador and the 
European Communities for a decision by the DSB contained in document WT/DS27/87 pertaining to this dispute. WT/DSB/W/389 
Page 20  
 
   The representatives of Ecuador, the Europ ean Communities and the Chairman spoke. 
  The DSB took note of the statements and agr eed to the draft decision contained in document 
WT/DS27/87.  6. European Communities – Regime for the importation, sale and distribution of bananas:  
Recourse to Article 21.5 of the DSU by the United States:  Joint request by the United States and the European Communities (WT/DSB/M/253) 
At its meeting on 24 June 2008
, the DSB considered the joint request by the United States and 
the European Communities for a decision by the DS B contained in document WT/DS27/88 pertaining 
to this dispute. 
 
 The representatives of the United States, the European Communities and the Chairman spoke. 
 
 The DSB took note of the statements and agreed to the draft decision contained in document 
WT/DS27/88. 
 
7. Expression of views under Article 17.14 of the DSU prior to the adoption of an Appellate 
Body report:  Statement by the European Communities (WT/DSB/M/254) 
 At the DSB meeting on 1 August 2008 , the European Commun ities made a statement 
regarding the issue of expression of views by Me mbers in the DSB upon the adoption of Appellate 
Body reports, pursuant to Article 17.14 of the DSU. 
  The representatives of the European Comm unities, the United States, Japan, Norway, 
Australia, Chile, Canada, Argentina and Mexico spoke.  
 The DSB took note of the statements. 
 
8. Mexico – Anti-dumping measures on steel t ubes and pipes originating from Guatemala:  
Statement by Mexico (WT/DSB/M/248) 
 At the DSB meeting on 14 March 2008
, Mexico made a statement regarding the 
implementation of the DSB's recommendations and rulings in this dispute. 
 
 The representatives of Mexico and Guatemala spoke.   The DSB took note of the statements.  9. Statement by Ecuador regarding the European Communities' regime for the 
importation, sale and distribution of bananas (WT/DSB/M/255) 
At the DSB meeting on 29 August 2008
, Ecuador made a statement concerning a press 
release issued by the EC on 28 August 2008 regardi ng the EC's decision to appeal the Panel Report 
on:  "EC – Regime for the Importation, Sale an d Distribution of Bananas:  Second Recourse to 
Article 21.5 of the DSU by Ecuador" (WT/DS27/RW2/ECU). 
 
 The representatives of Ecuador, Colombia, Pa nama, Costa Rica, Nicaragua, Cameroon and 
the European Communities spoke. 
  The DSB took note of the statements. 
  WT/DSB/W/389 
 Page 21 
 
 
  10. United States – Continued Dumping and Subsid y Offset Act of 2000:  Implementation of 
the recommendations adopted by the DSB:  Statements by the European Communities 
and Japan (WT/DSB/M/243, 245 & Corr.1, 247, 248, 249, 250, 253, 254, 255, 256, 257)  
 At the DSB meeting on 17 December 2007 , the European Communities and Japan raised this 
matter in order to make statements regarding th e implementation by the United States of the DSB's 
recommendations and rulings in the disputes:  "US – Continued Dumping and Subsidy Offset Act of 
2000".    The representatives of the European Communiti es, Japan, China, Canada, India, Thailand, 
Brazil and the United States spoke. 
 
 The DSB took note of the statements.   At its meeting on 21 January 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan. 
 
 The representatives of the European Communiti es, Japan, India, China, Canada, Thailand, 
Brazil and the United States spoke.   The DSB took note of the statements.  
 At its meeting on 19 February 2008
, the DSB again considered this matter at the request of 
the European Communities and Japan.   The representatives of the European Communitie s, Japan, China, Canada, Brazil, India, 
Thailand and the United States spoke. 
 
 The DSB took note of the statements.   At its meeting on 14 March 2008
, the DSB again considered this  matter at the request of the 
European Communities and Japan.  
 The representatives of the European Communitie s, Japan, Brazil, Canada, China, India, 
Thailand and the United States spoke.   The DSB took note of the statements.  
 At its meeting on 18 April 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan.   The representatives of Japan, th e European Communities, Cana da, China, Brazil, India, 
Thailand and the United States spoke.  
 The DSB took note of the statements. 
  At its meeting on 20 May 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan.  
 The representatives of the European Communiti es, Japan, Canada, China, Brazil, Thailand, 
India and the United States spoke.   The DSB took note of the statements. WT/DSB/W/389 
Page 22  
 
   At its meeting on 24 June 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan.   The representatives of Japan, the European Co mmunities, China, India, Thailand, Canada, 
Brazil and the United States spoke. 
 
 The DSB took note of the statements.   At its meeting on 1 August 2008
, the DSB again considered this  matter at the request of the 
European Communities and Japan. 
 
 The representatives of the European Commun ities, Japan, Mexico, India, Canada, Brazil 
Chile, China, Thailand and the United States spoke.   The DSB took note of the statements. 
 
 At its meeting on 29 August 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan.   The representatives of Japan, the European Co mmunities, India, Thailand, Canada, Brazil, 
Australia and the United States spoke. 
 
 The DSB took note of the statements.   At its meeting on 23 September 2008
, the DSB again considered this matter at the request of 
the European Communities and Japan. 
 
 The representatives of the European Communiti es, Japan, the United States, Canada, India, 
Brazil and Thailand spoke.   The DSB took note of the statements.  
 At its meeting on 21 October 2008
, the DSB again considered this matter at the request of the 
European Communities and Japan.   The representatives of Japan, the European Co mmunities, Thailand, India, Canada, Brazil, 
China and the United States spoke. 
 
 The DSB took note of the statements.  
__________