WORLD TRADE  
ORGANIZATION   
WT/DS294/42 
17 January 2012 
 
 (12-0257) 
 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 16 January  2012, has been received from the Chairman 
of the Arbitrator, with the request that it be circulated to the DSB. 
 
_______________ 
 
  In a communication dated 13 January 2012, the European Union and the United States have 
jointly requested the Arbitrator to suspend its work  for a further period, in the context of further 
informal discussions with respect to im plementation (see the request attached).  
  On the basis of this request, the Arbitrator has decided to suspend its work for a further 
period.   
  
 The suspension can be terminated at any time at the written request of either Party.  The 
suspension will be limited to 6 February  2012, and absent any contrary written communication from 
the European Union within that pe riod, the suspension will be automa tically terminated and the work 
of the Arbitrator will resume on 7 February 2012.  
 The last date at which a "contrary written communication" from the European Union referred 
to above may be received by the Ar bitrator is 6 February  2012. 
   In the event that no such "contrary written communication" or written request for resumption from either party has been received by the Arbitrator  by 6 February 2012, it will resume its work on 7 
February 2012 and circulate its Decision on 17 February 2012. 
 WT/DS294/42 
Page 2  
 
  Mr. Felipe Jaramillo 
Chairman of the Arbitration Panel/Arbitrator1 
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  
 
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 and the European Union reca ll their joint communication to the Arbitration 
Panel/Arbitrator 6 January 2012, and the subs equent communication from the Arbitration 
Panel/Arbitrator dated 9 January 2012 by which the Arbitration Panel/Arbitrator decided to extend the 
suspension of its work until 16 January 2012.   The United States would like to inform the Arbitrator/Arbitration Panel that it has sought 
further informal discussions with th e European Union with respect to implementation. In that context, 
the United States respectfully requ ests the Arbitrator/Arbitration Panel to suspend its work for a 
further period of until 6 February 2012 – on the same  terms. 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 United 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 Arbitration Pa nel/Arbitrator to extend suspension:  
  
 the suspension can be terminated at any tim e at the written request of either Party; 
 the extension of the suspension will be lim ited to 6 February 2012, and absent any 
contrary written communication from the Eu ropean Union within that period, the 
suspension will be automatically terminat ed and the work of the Arbitration 
Panel/Arbitrator will resume on 7 February 2012; 
 the suspension is without prejudice to any of  the Parties' claims and arguments in 
these dispute settlement proceedings, incl uding the question of whether or not 
nullification or impairment during any period of suspension is to be accounted for in 
the suspension of concessions or other obligations; 
 this joint request is conditio nal upon the Arbitration Panel/Arbitrator not deciding that 
its authority has lapsed pursuant to Article 12.12 of the DSU or otherwise as a result of a further suspension. If the Arbitrati on Panel/Arbitrator considers that will occur 
then neither Party makes this request for further suspension; 
                                                      
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/DS294/42 
 Page 3 
 
 
   neither Party will ever claim or argue that the occurrence of a suspension period equal 
to or in excess of 12 months in this dispute results in a lapse of the authority of the Arbitration Panel/Arbitrator, or otherwise extinguishes or diminishes any right enjoyed by the other Party pursuant to the covered agreements; and 
 suspension will not otherwise affect the right s and obligations of either Party under 
the Marrakesh Agreement Establishing th e World Trade Organization or in these 
dispute settlement proceedings.   
 
    
For the United States 
 
 
  
David P. Shark 
Chargé d'affairs a.i. For the European Union 
 
 
  
Detlev Brauns 
Chargé d'affairs a.i. 
 
 
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