. /.  WORLD TRADE  
ORGANIZATION   
WT/DS294/46 
4 July 2012 
 (12-3570) 
 Original:   English 
  
 
UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR 
CALCULATING DUMPING MARGINS ("ZEROING") 
 
Recourse to Article 22.6 of the DSU by the United States 
 
Communication from the Arbitrator 
  
 The following communication, dated 2 July 2012 , has been received from the Chairman of 
the Arbitrator with the request that it be circulated to the Dispute Settlement Body. 
 
_______________ 
 
 
The Arbitrator has received a joint communication dated 22 June 2012 (attached) from the 
parties in which they: 
 
(a) recall their joint communication dated 6 Fe bruary 2012, informing the Arbitrator of a 
Memorandum with respect to this dispute, as well as the subsequent communication from the 
Arbitrator dated 10 February 2012, by which th e Arbitrator decided to extend the suspension 
of its work until 28 June 2012;    
(b) inform the Arbitrator that the Europ ean Union has now withdrawn its request under 
Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes ("DSU") and that the United States accordingly no longer makes objections under 
Article 22.6 of the DSU;   
(c) jointly request that the Arbitrator notify th e Dispute Settlement Body that it is not necessary 
for it to issue a report or an award in this dispute.  
In light of the circumstances describ ed in this joint communication, the Arbitrator considers that it is 
not necessary for it to issue a decision on the matter refe rred to it. The Arbitrator therefore considers 
that it has completed its work. WT/DS294/46 
Page 2  
 
  ATTACHMENT 
 
22 June 2012 
  
Mr. Felipe Jaramillo 
Chairperson of the Arbitration Panel/Arbitrator
1 
United States – Laws, Regulations and Methodology 
for Calculating Dumping Marg ins ("Zeroing") – Recourse 
to Article 22.6 of the DSU by the United States  (DS294) 
World Trade Organization 
Centre William Rappard Rue de Lausanne 154 1211 Geneva  
 
Dear Mr. Jaramillo,  
The United States and the European Union would like to express our sincere thanks to you 
and the other Members of the Arb itration Panel/Arbitrator for your service in the above-referenced 
proceeding.  
 
The United States and the European Union recall their joint communication dated 
6 February 2012, informing the Arbitration Panel/Ar bitrator of a Memorandum with respect to this 
dispute, as well as the subsequent communicati on from the Arbitration Panel/Arbitrator dated 
10 February 2012, by which the Arbitration Panel/Arb itrator decided to extend the suspension of its 
work until 28 June 2012. 
 The United States and the European Union would like to note that the European Union has 
now withdrawn its request under Article 22.2 of  the Understanding on Rules and Procedures 
Governing the Settlement of Disputes ("DSU") (WT/DS294/35) and to in form the Arbitration 
Panel/Arbitrator that the United States accordingl y no longer makes objections under Article 22.6 of 
the DSU.  The United States and the European Un ion therefore respectfully request that the 
Arbitration Panel/Arbitrator notify the Dispute Settlement  Body that it is not necessary for it to issue a 
report/an award in this dispute.    
For the European Union: 
   
(signed) 
Angelos Pangratis 
Ambassador For the United States: 
   
(signed) 
Michael Punke 
Ambassador 
 
__________  
                                                      
1 The Parties recall that they have different views co ncerning what is the correct terminology to use in 
these proceedings, but are resolved that this joint letter should not imply that either Party relinquishes its 
position of principle with respect to that matter.