. /.  WORLD TRADE  
ORGANIZATION  WT/DS320/13 
16 June 2008 
 (08-2784) 
 Original:   English 
  
 
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE 
EC – HORMONES DISPUTE 
 
Notification of an Other Appeal by the United States
 
under Article 16.4 and Article 17 of the Understanding on Rules  
and Procedures Governing the Settlement of Disputes (DSU),  
and under Rule 23(1) of the Working Procedures for Appellate Review  
 
  The following notification, dated 10 June 2008, from the Delegation of the United States, is 
being circulated to Members. 
 
_______________ 
 
 
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (“DSU”) and Rule 23 of the Working Procedures for Appellate Review , the 
United States hereby notifies its decision to app eal to the Appellate Body certain issues of law 
covered in the Report of the Panel on United States – Continued Suspension of Obligations in the 
EC – Hormones Dispute  (WT/DS320/R) (“Panel Report”) and cer tain legal interpre tations developed 
by the Panel. 
 
1. The United States seeks review by the Appellate  Body of the Panel’s legal conclusion that the 
United States breached Article 23.1 of the DSU (e.g ., Panel Report, paras. 7.250, 7.856(a)).  This 
conclusion is in error and is based on erroneous fi ndings on issues of law and legal interpretations, 
including the Panel’s findings that, by maintaining its suspension of concessions after the notification 
by the European Communities (“EC”) of Directive 2003/74/EC, the United States was seeking the 
redress of a violation of obligations under a c overed agreement without having recourse to, and 
abiding by, the rules and procedures of the DSU (e.g ., Panel Report, paras. 7.215, 7.856(a)), and the 
Panel’s interpretation and understanding of the lega l basis for the U.S. suspension of concessions 
(e.g., Panel Report, paras. 7.209-7.214).  
2. The United States also seeks review of the Pa nel’s conclusion that the United States breached 
DSU Article 23.2(a) (e.g., Panel Report, paras. 7.245,  7.856(b)).  This conclusion is in error and is 
based on erroneous findings on issues of law and le gal interpretations, including the Panel’s findings 
that the United States made a determination to the effect that a violation had occurred without 
recourse to dispute settlement in accordance with the rules and procedures of the DSU (e.g., Panel 
Report, paras. 7.239, 7.856(b)), on the basis of U.S.  statements made at the meetings of the Dispute 
Settlement Body on November 1 and December 7, 2003 (e.g., Panel Report par as. 7.223-7.230) and/or 
the continuation of the U.S. suspension of concessions after the EC’s notification of Directive 2003/74/EC (e.g., Panel Report paras. 7.226, 7.230, 7.232).    3. The United States seeks review of the Panel’ s suggestion that the United States should have 
recourse to the rules and procedures of the DSU wi thout delay (e.g., Panel Report paras. 6.45, 8.3) 
and the Panel’s conclusion that it was restricted from a direct determination of the compatibility of WT/DS320/13 
Page 2  
 
Directive 2003/74/EC with the covered agreements (e.g., Panel Report paras. 7.162-7.164, 7.360, 
7.855, 8.3).  The suggestion and conclusion are in error and based on erroneous findings on issues of 
law and related legal interpretati ons.  However, the Appellate Body would not need to review the 
suggestion and conclusion if it reverses the Pane l’s findings and conclusions on DSU Articles 23.1 
and 23.2(a).  
 
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