. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/DSB/M/251 
4 July 2008 
 (08-3211) 
Dispute Settlement Body 
2 June 2008  
 
 
 
  
MINUTES OF MEETING 
 
Held in the Centre William Rappard
 
on 2 June 2008  
 
 Acting Chairman:  Mr. Bruce Gosper (Australia) 
  
 Prior to the adoption of the Agenda
, Amb. Bruce Gosper, the Chairman of the General 
Council, welcomed delegations and said that he had been asked to chair the present meeting in the 
absence of Amb. Mario Matus, the Chairman of the Dispute Settlement Body.      
Subjects discussed
: Page  
 
1. European Communities – Regime for the importation, sale and distribution of 
bananas:  Second Recourse to Articl e 21.5 of the DSU by Ecuador.....................................1  
(a) Joint request by Ecuador and the European Communities for a decision by the DSB ...............1  
2. United States – Final anti-dumping me asures on stainless steel from Mexico....................2  
(a) Statement by the United States ................................................................................................. ..2 
 
 
1. European Communities – Regime for the importation, sale and distribution of bananas:  
Second Recourse to Article 21.5 of the DSU by Ecuador 
(a) Joint request by Ecuador and the Europ ean Communities for a decision by the DSB 
(WT/DS27/87) 
1. The Chairman  drew attention to the communication from Ecuador and the 
European Communities contained in document WT /DS27/87, and invited the representative of 
Ecuador to speak. 
2. The representative of Ecuador  said that, first, his delegation wished to thank Amb. Gosper for 
having accepted to chair the present meeting.  The meeting had been called to decide over a draft 
decision, submitted by Ecuador and the EC, to ex tend the time-period in Article 16.4 of the DSU, 
applicable to the dispute:  "European Communities – Regime for the Importation, Sale and Distribution of Bananas:  Second Recourse to Arti cle 21.5 of the DSU by Ecuador".  Ecuador was 
requesting the support of all Members to agree to this  decision due to the interest of the Government 
of Ecuador to provide more time for the ongoing ne gotiations in order to resolve this long-standing 
dispute.  Accordingly, Ecuador requested that th e DSB adopt the draft decision contained in document WT/DSB/M/251 
Page 2  
 
WT/DS27/87.  Finally his delegation wished to indi cate that the legal rights of the parties to this 
dispute would be preserved. 
3. The representative of th e European Communities
 said that her delegation wished to thank 
Amb. Gosper for having accepted to chair the presen t meeting.  The request by the EC and Ecuador 
was deemed to facilitate the c onstructive negotiations currently  ongoing between the EC and the 
banana suppliers (including Ecuador) on a final se ttlement to this long-standing dispute.  The new 
proposed deadline of 29 August 2008 would provide the parties with a large margin to conclude those 
negotiations.  The EC believed that negotiating of  an agreement, rather than further pursuing 
litigation, was the only way towards a solution.  An agreement was also essential in the context of the 
ongoing DDA negotiations. 
4. The DSB took note  of the statements. 
5. The Chairman  proposed that:  "The DSB agree that , upon a request by Ecuador, the DSB shall 
no later than 29 August 2008, adopt the Re port of the Panel in the dispute:  European Communities – 
Regime for the Importation, Sale and Distribution of Bananas:  Second Recourse to Article 21.5 of the 
DSU by Ecuador  contained in document WT/DS27/RW2/ECU, unless (i) the DSB decides by 
consensus not to do so or (ii) the European Communities notifies the DSB of its decision to appeal not 
later than 29 August 2008". 
6. The DSB so agreed . 
7. The representative of Ecuador  said that his country wished to thank all Members for their 
support and approval of the draft decision.  Con sequently, Ecuador would be requesting that the 
special DSB meeting scheduled for 6 June to c onsider the Panel Report in WT/DS27/RW2/ECU be 
cancelled.  To this effect, his delegation would be sending a letter to confirm this.  
8. The DSB took note  of the statement. 
2. United States – Final anti-dumping measures on stainless steel from Mexico 
(a) Statement by the United States 
9. The representative of the United States , speaking under "Other Business", recalled that on 
20 May 2008 the DSB had adopted the Panel and th e Appellate Body Reports in the dispute: 
"United States – Final Anti-Dumping Measures on Stainless Steel from Mexico" (DS344).  As Members would recall, the United States was deeply troubled by the Appellate Body Report in this 
dispute.  The United States did not, however, seek to  engage in further discussions of those concerns 
under this Agenda item.  At the present meeting, as pr ovided for in the first sentence of Article 21.3 of 
the DSU, the United States simply wished to state that  it intended to comply in this dispute with its 
WTO obligations and would be considering carefu lly how to do so. The United States would need a 
reasonable period of time for implementation.  
10. The representative of Mexico
 said that his delegation welcomed the statement made by the 
United States informing the DSB that the United St ates intended to comply with its WTO obligations 
in this dispute.  Mexico would closely monitor the way in which the United States intended to 
implement the DSB's recommendations, and stood ready to discuss the matter with the United States 
in order to reach an agreement on a reasonable period of time for such implementation. 
11. The DSB took note  of the statements. 
 
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