WORLD TRADE  
ORGANIZATION   
WT/DS379/14 
16 May 2012  
 
(12-2639) 
 Original:   English 
  
 
UNITED STATES – DEFINITIVE ANTI-DUMPING AND COUNTERVAILING  
DUTIES ON CERTAIN PRODUCTS FROM CHINA 
 
Understanding between China and the United States 
Regarding Procedures under Articles 21 and 22 of the DSU 
   The following communication, dated 11 May 2012, from the delegation of China and the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the request of these delegations. 
 
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  China and the United States would like to inform  the Dispute Settlement Body of the attached 
"Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding" between the 
United States and China with respect to the dispute United States – Definitive Anti-Dumping and 
Countervailing Duties on Certain Products from China  (WT/DS379). 
 
We request that you please circulate the attached  agreement to the Members of the Dispute 
Settlement Body.  
 
 WT/DS379/14 
Page 2  
 
  Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding 
United States – Definitive Anti-Dumping and Countervailing Duties on  
Certain Products from China (WT/DS379) 
 
The Dispute Settlement Body ("DSB") adopted  its recommendations and rulings in the 
dispute United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from 
China (WT/DS379) on 25 March 2011. 
Pursuant to Article 21.3(b) of the Unders tanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU"), the People's Repub lic of China ("China") and the United States of 
America ("United States") (collectively, "the Parties") agreed that the reasonable period of time in 
which the United States would have to implement th e recommendations and rulings of the DSB in this 
dispute would be eleven (11) months, expi ring on 25 February 2012 (WT/DS379/11).  On 
17 January 2012, the Parties jointly notified the DSB that they had agreed to modify the reasonable 
period of time so as to expire on 25 April 2012 (WT/DS379/13). 
The Parties have agreed on the following pro cedures for the exclusive purposes of this 
dispute.  They are designed to facilitate the r esolution of the dispute and reduce the scope for 
procedural disputes and are without prejudice to eith er Party's views on the correct interpretation of 
the DSU: 
1. Should China consider that the situation descr ibed in Article 21.5 of the DSU exists, China 
may at any time request the establishment of a panel pursuant to that Article.  China is not 
required to hold consultations with the United States prior to requesting the establishment of 
an Article 21.5 panel.  However, if China re quests consultations, the Parties agree to hold 
consultations within 15 days from the receipt of the request.  
2. In case consultations are requested, China may,  at any time after the 15-day period referenced 
in paragraph 1, request the establishment of  a panel under Article 21.5 of the DSU. 
3. At the first DSB meeting at which China's request for the establishment of an Article 21.5 
panel appears on the agenda, the United States sh all accept the establishment of that panel. 
4. The Parties shall cooperate to enable the Ar ticle 21.5 panel to circulate its report within 90 
days of the panel's establishment, excluding su ch time during which the panel's work may be 
suspended pursuant to Article 12.12 of the DSU. 
5. Either Party may request the DSB to adopt the report of the Article 21.5 panel at a DSB 
meeting held at least 20 days after the circulation of the report to the Members unless either 
Party appeals the report.  
6. In the event of an appeal of the Article 21.5 panel report, the Parties sh all cooperate to enable 
the Appellate Body to circulate its report to  the Members within 90 days from the date of 
notification of the appeal to the DSB.  Further,  either Party may request the DSB to adopt the 
reports of the Appellate Body and of the Artic le 21.5 panel (as modified by the Appellate 
Body report) at a DSB meeting held within 30 da ys of the circulation of the Appellate Body 
report to the Members.  
7. In the event that the DSB following a proceeding under Article 21.5 of the DSU rules that a 
measure taken to comply does not exist or is inconsistent with a c overed agreement, China 
may request authorization to suspend concessions or other obligations pursuant to Article 22 
of the DSU.  The United States shall not assert that China is precluded from obtaining such  WT/DS379/14 
 Page 3 
 
 
  DSB authorization on the grounds that the requ est was made outside the 30-day time-period 
specified in Article 22.6 of the DSU.  This is  without prejudice to the right of the United 
States to have the matter referred to arbitrati on in accordance with Article 22.6 of the DSU. 
8. If China requests authorization to suspend concessions or other ob ligations pursuant to 
Article 22.2 of the DSU, the United States shall have the right to object under Article 22.6 of 
the DSU to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in Article 22. 3 of the DSU have not been followed, and the 
matter will be referred to arbitration purs uant to Article 22.6 of the DSU.   
9. The Parties will cooperate to enable the arbitr ator under Article 22.6 of the DSU to circulate 
its decision within 60 days of the referral to arbitration.  
10. If any of the original panelists is not availa ble for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration (or both), the Par ties will promptly consult on a replacement, and 
either Party may request the Director-General of the WTO to appoint, within ten days of 
being so requested, a replacement for the proceed ing or proceedings in which a replacement is 
required.  If an original panelist is unavailable to  serve in either of the proceedings, the Parties 
will further request that, in making this appoint ment, the Director-General seek a person who 
will be available to act in both proceedings. 
11. The Parties will continue to cooperate in all matters related to these agreed procedures  and 
agree not to raise any procedural objection to an y of the steps set out herein.  If, during the 
application of these procedures, the Parties cons ider that a procedural aspect has not been 
properly addressed in these procedures, they will endeavor to find a solution within the 
shortest time possible that will not affect the other aspects and steps agreed herein.  
12. These agreed procedures in no way prejudice other rights of either Party to take any action or 
procedural step to protect its rights and interests, including recourse to the DSU.  
 
Signed in Geneva, 11 May 2012. 
 
 
For the People's Republic of China For the United States of America 
   
H.E. Mr. YI Xiaozhun 
Ambassador  
  
H.E. Mr. Michael Punke 
Ambassador 
  
 
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