. /.   WORLD TRADE  
ORGANIZATION  WT/DS375/9 
WT/DS376/9 
WT/DS377/7 
26 January 2009 
 (09-0343) 
  
  
 
EUROPEAN COMMUNITIES AND ITS MEM BER STATES – TARIFF TREATMENT 
OF CERTAIN INFORMATION TECHNOLOGY PRODUCTS 
 
Constitution of the Panel Established at the Request of the United States,
 
Japan, and the Separate Customs Territory  of Taiwan, Penghu, Kinmen and Matsu  
 
Note by the Secretariat  
  1. At its meeting on 23 September 2008, the Di spute Settlement Body (DSB) established a panel 
pursuant to the request of the United States, Japan , and the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu in document WT/D S375/8, WT/DS376/8 and WT/DS377/6, in 
accordance with Article 6 of the DSU (WT/DSB/M/256).  2. The Panel's terms of reference are the following:  
"To examine, in the light of the relevant provisions in the covered agreements cited 
by the parties to the dispute, the matter  referred to the DSB by the United States, 
Japan and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu in 
document WT/DS375/8, WT/DS376/8 and WT/D S377/6, and to make such findings 
as will assist the DSB in making the recommendations or in giving the rulings 
provided for in those agreements." 
3. On 12 January 2009, the United States, Japan, and the Separate Custom s Territory of Taiwan, 
Penghu, Kinmen and Matsu requested the Director-Gen eral to determine the composition of the panel, 
pursuant to paragraph 7 of Article 8 of  the DSU.  This paragraph provides: 
 
"If there is no agreement on the panelists within 20 days after the date of the 
establishment of a panel, at the request of  either party, the Director-General, in 
consultation with the Chairman of the DSB and the Chairman of the relevant Council 
or Committee, shall determine the com position of the panel by appointing the 
panelists whom the Director-General consid ers most appropriate in accordance with 
any relevant special or additional rules or  procedures of the covered agreement or 
covered agreements which are at issue in th e dispute, after consulting with the parties 
to the dispute.  The Chairman of th e DSB shall inform the Members of the 
composition of the panel thus formed no later than 10 days after the date the 
Chairman receives such a request." WT/DS375/9 
WT/DS376/9 WT/DS377/7 
Page 2 
  
  4. On 22 January 2009, the Director-General  accordingly composed the Panel as follows: 
 
Chairman: Mr Wilhelm Meier 
 
 Members: Mr David Evans    Ms Valerie Hughes  5. Australia;  Brazil;  China;  Costa Rica;  Hong Kong, China;  India;  Japan (in respect of the 
United States' and Chinese Taipei's complaints);  Kor ea;  the Philippines;  Singapore;  Chinese Taipei 
(in respect of the United States' and Japan's compla ints);  Thailand;  Turkey;  the United States (in 
respect of Japan's and Chinese Taipei's complaints );  and Viet Nam have reserved their rights to 
participate in the Panel proceedings as third parties.
1 
 
__________ 
 
  
                                                     
 
1 Japan, Chinese Taipei and the United States notified their interest to participate as third parties more 
than ten days after the establishment of the panel.   Japan's, Chinese Taipei's and the United States' notifications 
are dated 23 January 2009.