WORLD TRADE  
ORGANIZATION  WT/DS294/39 
8 September 2010 
 
 (10-4620) 
 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 has been receive d, on 8 September 2010, from the Chairman of 
the Arbitrator, with the request th at it be circulated to the DSB. 
 
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  The European Union and the United States have jo intly requested the Arbitrator to suspend its 
work, in the context of informal discussions with r espect to implementation (see the request attached).  
 
 On the basis of this request, the Arbitr ator has decided to suspend its work.   
   The suspension can be terminated at any time at the written request of either Party.  The 
suspension will be limited to 12 months less one da y, and absent any contrary written communication 
from the European Union within th at period, the suspension will be automatically terminated and the 
work of the Arbitrator will resume on the date th at is 12 months less one day from the date of 
suspension.   The last date at which the "contrary wr itten communication" from the European Union 
referred to above may be received by the Arbitrator is 7 September 2011. 
  
 In the event that no such "contrary written communication" or written request for resumption from either party has been received by the Arbitrator by 7 September 2011, it will circulate its Decision on 15 September 2011.  
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ATTACHMENT 
  
Mr. Felipe Jaramillo Chairman 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 21   
 
Tuesday, 7 September 2010 
  
 The United States and the European Union (the "Parties") wish to thank you and the other Members of the Arbitration Panel/Arbitrator for be ing available to serve in the above-referenced 
proceeding. 
  The United States would like to inform the Arbitrator/Arbitration Panel that it has sought informal discussions with the European Union with respect to implementation. In that context, the 
United States respectfully requests the Arbitrator/Arb itration Panel to suspend its work. In light of 
that, and having regard to Article 12.12 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU)
2, the European Union joins the Un ited States in making such request, 
subject to the following conditions.   The Parties hereby agree the following matters, to be incorporated expressly or by reference 
in any decision by the Arbitrati on Panel/Arbitrator to suspend:  
  
• the suspension can be terminated at any tim e at the written request of either Party; 
• the suspension will be limited to 12 months  less one day, and absent any contrary 
written communication from the European Uni on within that period, the suspension 
will be automatically terminated and the work  of the Arbitration Panel/Arbitrator will 
resume on the date that is 12 months less one day from the date of suspension; 
• the suspension is without prejudice to any of  the Parties' claims and arguments in 
these dispute settlement proceedings, including the question of whether or not 
nullification or impairment dur ing any period of suspension is to be accounted for in 
the suspension of concessions or other obligations; and 
                                                     
 
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. 
2 The European Union recognizes that the Parties may have different views on whether Article 12.12 of 
the DSU  applies or applies by analogy in these proceedings, or whether the Arbitration Panel/Arbitrator has an 
implied or inherent power to suspend, and that the Parties are resolved that this joint letter should not imply that 
either Party relinquishes its position of principle with respect to that matter.  WT/DS294/39 
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  • suspension will not otherwise affect the right s and obligations of either Party under 
the Marrakesh Agreement Establishing the World Trade Organization  or in these 
dispute settlement proceedings.   
For the United States 
 
 
  
Michael Punke 
Ambassador For the European Union 
 
 
  
John Clarke 
Chargé d'Affaires a.i. 
 
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