WORLD TRADE  
ORGANIZATION  WT/DS282/12 
14 July 2006 
 (06-3409) 
 Original:   English 
  
 
UNITED STATES – ANTI-DUMPING MEASURES ON OIL COUNTRY 
TUBULAR GOODS (OCTG) FROM MEXICO 
 
Understanding between Mexico and the United States
 
Regarding Procedures under Articles 21 and 22 of the DSU  
 
  The following communication, dated 11 July 2006, from the delegation of Mexico and the delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of these delegations. 
 
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  Mexico and the United States would like to inform the Dispute Settlement Body of the 
attached "Agreement between Me xico and the United States Regarding Procedures under Articles 21 
and 22 of the Dispute Settlement Unders tanding" with respect to the dispute United States – 
Anti-Dumping Measures on Oil Country Tubular Goods from Mexico  (WT/DS282).  
 WT/DS282/12 
Page 2  
 
  Agreement between Mexico and the United States 
Regarding Procedures under Articles 21 and 22 
of the Dispute Settlement Understanding  
 
 
 On 28 November 2005, the Dispute Settlement Body ("DSB") adopted its recommendations 
and rulings in the dispute United States – Anti-Dumping Meas ures on Oil Country Tubular Goods 
from Mexico  (WT/DS282).  On 15 February 2006, Mexico  and the United States informed the DSB 
that, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), they had agreed that the reasonable period of time for the 
United States to implement the recommendations a nd rulings of the DSB in this dispute would be 
six months, expiring on 28 May 2006.  This notif ication was circulated to WTO Members on 
17 February 2006 (WT/DS282/11). 
 On 9 June 2006, the United States Departme nt of Commerce issued the Section 129 
Determination:  Final Results of Sunset Revi ew, Oil Country Tubular Goods from Mexico (Case 
No.: A-201-817). 
 The United States considers that it has complie d with the recommendations and rulings of the 
DSB in a manner consistent with its WTO obligations .  Mexico does not agree that the United States 
has implemented the recommendations and rulings of the DSB.  
 Given the disagreement between Mexico and th e United States (collectively, the "Parties") 
within the meaning of Article 21.5 of the DSU, as to the existence or consistency of measures taken 
by the United States to comply with the recommenda tions and rulings of the DSB, the Parties have 
agreed on the following procedures for purposes of this dispute:  
1. If Mexico deems it appropriate to invoke Article 21.5 of the DSU, Mexico will request that 
the United States enter into consultations with  Mexico.  The Parties agree to hold such 
consultations within 15 days from the date of receipt of the request. 
 2. After the 15-day period referenced in para graph 1 has elapsed, Mexico may request the 
establishment of a panel pursuant to DSU Article 21.5 (the "compliance panel").  
 3. At the first DSB meeting at which Mexico’s  request for the establishment of a compliance 
panel appears as an item on the agenda, the Un ited States will accept the establishment of that 
panel.  
 
4. The Parties will cooperate to enable the co mpliance panel to circulate its report within 
90 days of the panel's composition, excluding such time as the panel's work may be suspended pursuant to Article 12.12 of the DSU. 
 5. In case of an appeal of the compliance panel report, the Parties will cooperate to enable the 
Appellate Body to circulate its report within 90  days from the date of notification of the 
appeal to the DSB. 
 6. Mexico may request authorization to suspe nd concessions or other obligations pursuant to 
DSU Article 22.2 simultaneously with or at any time after a request for the establishment of 
the compliance panel pursuant to paragraph 2.  The United States will not assert that Mexico 
is precluded from obtaining such DSB authorization because its request was made outside the time period specified in Article 22.6 of the DSU.  
  WT/DS282/12 
 Page 3 
 
 
  7. If Mexico requests authorization to suspe nd concessions or other obligations pursuant to 
Article 22.2 of the DSU, in accordance with Article 22.6 of the DSU the United States may 
object to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in DSU Article 22.3 have not been followed. 
 
8. If the matter has been referred to Article 22.6 arbitration prior to adoption by the DSB of its 
recommendations and rulings in the Article 21.5 proceedings, the Parties will request that the Article 22.6 arbitrator suspend its work.   
 9. In the event that the DSB rules that a measure taken to comply does not exist or is 
inconsistent with a covered agre ement, either party may request the Article 22.6 arbitrator to 
resume its work.  The Parties will cooperate to enable the arbitrator to circulate its report 
within 60 days of the resumption of its work.  
 10. In the event that the DSB finds that the Un ited States has complied with the recommendations 
and rulings of the DSB, Mexico will withdraw  its request under Article 22.2 of the DSU, 
thereby terminating the arbitration procedure.  
 11. The Parties will cooperate to facilitate the pa rticipation of the orig inal panelists in the 
compliance panel and the Article 22.6 arbitration. 
 
12. If any of the original panelists is not availa ble for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration, or both, the Pa rties will promptly consult on a replacement 
panelist, and either Party may request the Direct or-General of the WTO to appoint, as soon as 
possible, a replacement for the proceeding or proceedings in which such a replacement is 
required.  For any such request where an or iginal panelist is unavailable to serve on the 
compliance panel and the Article 22.6 arbitration,  the Parties will request that in selecting a 
panelist for the compliance panel, the Direct or-General seek a person who will also be 
available to act in the Article 22.6 arbitration.  
 13. The Parties agree to continue to cooperate in all matters related to these agreed procedures 
and not to raise any procedural objection to any of the steps set out herein.  If, during the 
application of these procedures, the Parties cons ider that a procedural aspect has not been 
properly addressed, they will endeavour to find a solution within the shortest time possible 
that will not affect the other agreed procedures. 
 14. These agreed procedures in no way prejudice other rights of either party to take any action or 
procedural step to protect its rights and interests, including recourse to the DSU.  
  Agreed in Geneva on 11 July 2006.   
  For Mexico For the United States 
    (signed) (signed)  Fernando de Mateo y Venturini Peter F. Allgeier 
  Ambassador Ambassador 
  
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