WORLD TRADE  
ORGANIZATION  WT/DS217/45 
10 January 2005 
 (05-0104) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Understanding between Tha iland and the United States
 
 
 
 The following communication, dated 7 January 2005, from the delegation of Thailand and the 
delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the request of those delegations.  
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  Thailand and the United States would like to inform the Dispute Settlement Body of the 
attached "Understanding between Thailand and the United States" with respect to the dispute, United 
States – Continued Dumping and Subsidy Offset Act of 2000  (WT/DS217). 
 
 We ask that you please circulate this notifica tion to the Members of the Dispute Settlement 
Body. WT/DS217/45 
Page 2  
 
 Understanding between Tha iland and the United States
 
   Noting that the United States has informed th e Dispute Settlement Body (DSB) that it will 
continue to work to bring the Continued Dumpin g and Subsidy Offset Act of 2000 into conformity 
with its WTO obligations, 
  Our two governments have reached the following understanding with regard to this dispute: 
 1. Thailand will not in this dispute at this st age request authorization from the DSB to suspend 
concessions or other obligations pursuant to Article 22.2 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  (DSU). 
 2. If Thailand at some future date decides to request DSB authorization to suspend concessions 
or other obligations under Article 22.2 of the DS U, it will provide the United States advance notice 
and will consult with the United St ates before making such a request. 
 3. Thailand will retain its right to be granted DSB authorization to suspend concessions or other 
obligations pursuant to Article 22.6 of the DSU at  any future date and the United States will not seek 
to block Thailand's request for DSB authoriza tion regardless of the timing of this request. 
 
4. The United States retains the right to object to the level of suspension proposed, or to claim 
that the principles and procedures set forth in Article  22.3 of the DSU have not been followed, and to 
have the matter referred to arbitr ation under Article 22.6 of the DSU. 
 5. Thailand and the United States agree to request  jointly the adoption by the DSB of the draft 
decision attached to this Understandi ng at its meeting on 25 January 2005. 
 Signed:    
 
H.E. Ms Puangrat Asavapisit H.E. Ms Linnet F. Deily Ambassador Ambassador Permanent Representative of Thailand Perm anent Representative of the United States 
  WT/DS217/45 
 Page 3 
 
 
 Draft Decision of the DSB  
   The DSB takes note of the Understanding reached between Thailand and the United States and agrees that, upon a request by Thailand, the DS B shall grant Thailand authorization to suspend 
concessions or other obligations unless (i) the DSB decides by consensus not to do so or (ii) the 
United States objects to the level of suspension propo sed or claims that the principles and procedures 
in DSU Article 22.3 have not been followed, refe rring the matter to arbitration under Article 22.6 of 
the DSU.  
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