. /.  WORLD TRADE  
ORGANIZATION   
WT/DS397/13 
14 September 2011 
 
 (11-4431) 
 Original:   English 
  
 
 
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES 
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA 
 
Communication from China and the European Union
1 concerning  
Article 21.3(b) and 21.3(c) of the DSU 
 
  The following communication, dated 12 Septem ber 2011, from the delegation of China and 
the delegation of the European Union to the Chairper son of the Dispute Settlement Body, is circulated 
at the request of these delegations.   
_______________ 
  
  On 28 July 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and 
rulings in the dispute European Communities – Definitive Anti-Dumping Measures on Certain Iron or 
Steel Fasteners from China (WT/DS397).  In its communication of 18 August 2011 (WT/DS397), the 
European Union notified the DSB that it intends to  implement the recommendations and rulings of the 
DSB in this dispute in a manner that respects its WTO obligations. The Europ ean Union also stated 
that it would need a reasonable period of time for implementation. The European Union subsequently 
recalled this notification at the meeti ng of the DSB held on 2 September 2011. 
 
Article 21.3(c) of the Understanding on Rules and Proce dures Governing the Settlement of 
Disputes  ("DSU") provides that, in the absence of an agreement between the parties on a period of 
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days 
after the date of adoption of the recommendations and rulings".   
In order to allow sufficient time for the parties to discuss a mutu ally agreed period, China and 
the European Union (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is 
requested, it shall be completed no later than 60 days af ter the date of the appointment of an arbitrator, 
unless the arbitrator, following consultation with the pa rties, considers that additional time is required 
and (ii) hereby confirm that any award of the arbitr ator (including an award not made within 90 days 
after the date of adoption of the DSB recommendations  and rulings) shall be deemed to be an award 
of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the reasonable period of 
time for the European Union to implement th e recommendations and rulings of the DSB. 
 
                                                      
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisbon , 13 December 2007) entere d into force.  On 29 
November 2009, the WTO received a Verbal Note (WT/L/7 79) from the Council of th e 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/DS397/13 
Page 2  
 
  We request that you circulate this notification to the Members of the DSB. 
 
For the People's Republic of China 
  
 
ZHAO Hong 
Chargé d'Affaires For the European Union 
  
 
Angelos PANGRATIS 
Ambassador 
 
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