WORLD TRADE  
ORGANIZATION   
WT/DS382/11 
10 April 2012 
 
 (12-1847) 
 Original:   English 
  
 
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER  
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE  
FROM BRAZIL 
 
Understanding between Brazil and the United States 
Regarding Procedures under Articles 21 and 22 of the DSU 
 
  The following communication, dated 3 Apr il 2012, from the delegation of Brazil and the 
delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the 
request of these delegations.  
_______________ 
 
 
On 17 June 2011, the Dispute Settlement Body  ("DSB") adopted its recommendations and 
rulings in the dispute United States –Anti-Dumping Administrative Reviews and Other Measures 
Related to Certain Orange Juice from Brazil  (WT/DS382).    
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  ("DSU") Brazil and the United States agreed  that the reasonable period of time 
to implement the DSB recommendations and rulings would be nine months, expiring on 
17 March 2012 (WT/DS382/9). 
Brazil and the United States (the "Parties") have agreed on the following procedures for the 
exclusive purposes of this dispute. They are designe d to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes, without prejudice to either Party’s position on the correct 
interpretation of the DSU:  
Brazil maintains that compliance with DSB fi ndings and recommendations is required from 
the end of the reasonable period of time (RPT) and that all anti-dumping duties assessed or collected with zeroing after the end of the RPT are subject to implementation. Brazil further considers that 
under the DSU the level of suspension of concessions or other obligations shall be based on the level 
of nullification or impairment suffered as from the end of the respective RPT. 
The United States maintains that every WTO Me mber is required to comply with its WTO 
obligations not just from the end of the RPT, but from the time it becomes a Member of the WTO.  The United States considers that under the DSU th e level of suspension of concessions or other 
obligations in any period of time must be equi valent to the nullification or impairment in the 
corresponding period of time, and that the level is not to include an additional amount based on prior 
or cumulative levels of nullification or impairment. 
1. If Brazil deems it appropriate to invoke Ar ticle 21.5 of the DSU, Brazil may at any time 
request the establishment of a compliance panel pursuant to that Article. Brazil will not need 
to hold previous consultations with the Unite d States before requesting the establishment of WT/DS382/11 
Page 2  
 
  the panel. If, however, Brazil requests cons ultations, the Parties agree to hold such 
consultations within 15 days from the date of receipt of the request. 
 2. In case consultations are requested, Brazil may,  at any time after the 15-day period referenced 
in paragraph 1, request the establishment of a compliance panel pursuant to DSU Article 21.5.  
 
3. At the first DSB meeting at which Brazil’s request for the establishment of an Article 21.5 
compliance panel appears as an item on the agenda, the United States will accept the 
establishment of that panel.  
 
4. The Parties will cooperate to enable the comp liance panel to circulate its report within 90 
days of the panel's establishment, excluding su ch time as the panel's work may be suspended 
pursuant to Article 12.12 of the DSU. 
 5. Either Party to the dispute 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 case of an appeal of the compliance panel report, the Parties will cooperate to enable the 
Appellate Body to circulate its report within 90  days from the date of notification of the 
appeal to the DSB. 
 
7. In case of an appeal, either Party may request the DSB to adopt the reports of the Appellate 
Body and of the Article 21.5 panel (as modified by the Appellate Body report) at a DSB meeting held within 30 days of the circulation of the Appellate Body report to the Members. 
 
8. In the event that the DSB ru les that a measure taken by the United States to comply does not 
exist or is inconsistent with a covered agreement, Brazil may at any time request authorization 
to suspend concessions or other obligations in accordance with Article 22 of the DSU.  
 9. The United States shall not assert that Brazil is precluded from obtaining such DSB 
authorization on the grounds that the request 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. 
 10. If Brazil requests authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, and if the United States objects under Article 22.6 of the DSU to the 
level of suspension of concessions or other oblig ations and/or claims that the principles and 
procedures set forth in DSU Article 22.3 have not been followed, the matter will be referred 
to arbitration pursuant to DSU Article 22.6. 
 11. The Parties will cooperate to enable the arbitr ator under Article 22.6 of the DSU to circulate 
its award within 60 days of the referral to arbitration. 
 
12. The Parties will cooperate to facilitate the pa rticipation of the orig inal panelists in the 
compliance panel and the Article 22.6 arbitration. 
 13. 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 Pa rties will promptly consult on a replacement 
panelist or arbitrator, and either Party may request the Director-General of the WTO to appoint, within 10 days, a replacement for th e proceeding or proceedings in which such a 
replacement is required.  For any such request  where an original panelist is unavailable to 
serve on the compliance panel and the Article 22.6 arbitration, the Parties will request that in  WT/DS382/11 
 Page 3 
 
 
  selecting a panelist for the compliance panel, the Director-General seek a person who will 
also be available to act in both proceedings.  
 
14. The Parties agree to continue to cooperate in all matters related to these agreed procedures 
and not to raise any procedural objection to any 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, they will endeavour to find a solution within the shortest time possible 
that will not affect the other agreed procedures. 
 
15. 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. 
 16. Before the end of 2012, the Parties agree to consult with a view to achieving a resolution to 
this dispute. 
 
 Agreed in Geneva on 3 April 2012.   
 
For Brazil 
    
Roberto Carvalho de Azevêdo 
Ambassador For the United States 
    
David P. Shark 
Chargé d’affaires, a.i. 
  
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