. /.  WORLD TRADE  
ORGANIZATION   
WT/DS322/42 
10 January 2012 
 (12-0128) 
 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 9 January 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 
1 February 2012, unless Japan submits  a written communication to the contrary to the Arbitrator by 
31 January 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/DS322/42 
Page 2  
 
  Communication dated 6 January 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 7 September 2011, the Parties requested the 
Arbitrator to continue the suspension of its work a nd confirmed that the work of the Arbitrator would 
resume on 8 November 2011, unless Japan submitted a written communication to the contrary to the Arbitrator by 7 November 2011.  By the letter su bmitted on 4 November 2011, the Parties requested 
the Arbitrator to continue the suspension of its wo rk and confirmed that the work of the Arbitrator 
would resume on 1 December 2011, unless Japan subm itted a written communication to the contrary 
to the Arbitrator by 30 November 2011.  By the letter submitted on 30 November 2011, the Parties 
requested the Arbitrator to continue the suspension of its work and confirmed that the work of the 
Arbitrator would resume on 9 January 2012, unl ess Japan submitted a written communication to the 
contrary to the Arbitrator by 8 January 2012.  At th is time, the Parties would respectfully request that 
the Arbitrator 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 
1 February 2012, unless Japan submits a written communication to the contrary to the Arbitrator by 31 January 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. 
 
__________