dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BEDLINEN FROM INDIA
Document: Constitution of the Panel Established at the Request of India Note by the Secretariat
Date: 24 January 2000
Document codes: WT/DS141/4; WT/DS141/3.; WT/DS141/3; WT/DS141/3
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF
COTTON-TYPE BEDLINEN FROM INDIA
Constitution of the Panel Established at the Request of India
Note by the Secretariat
1. At its meeting on 27 October 1999, the Dispute Settlement Body (DSB) established a Panel in
accordance with the request made by India in document
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by India in document , the matter referred to the DSB by India in
document , 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 2000, India requested the Director-General 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 composition of the panel by appointing the panelists whom the Director-
General considers 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 the
dispute, after consulting with the parties to the dispute. The Chairman of the 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."
4. The Director-General composed the Panel as follows:
Chairman: Dr Dariusz Rosati
Members: Ms Marta Lemme
Mr Paul O'Connor
5. Egypt, Japan and the United States have reserved their rights to participate in the panel
proceedings as third parties.
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Communication from the Chairman of the Panel
Date: 23 June 2000
Document codes: WT/DS141/5
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Communication from the Chairman of the Panel
The following communication, dated 21 June 2000, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed
six months.
Article 12.9 of the DSU states that when a panel considers that it cannot issue its report within
six months, it shall inform the DSB in writing of the reasons for the delay, together with an estimate
of the period within which it will issue its report.
The Panel on European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed
Linen from India was established by the DSB on 27 October 1999 and composed on 24 January 2000.
It will not, however, be possible for the Panel to complete its work in six months due to the
parties' wish to use the maximum time periods prescribed in Appendix 3 of the DSU and the short
time-frames for the Panel to complete its work.
The Panel expects to complete its work by October 2000.
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Notification of an Appeal by the European Communities under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 1 December 2000
Document codes: WT/DS141/6
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Notification of an Appeal by the European Communities
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 1 December 2000, sent by the Permanent Delegation of the
European Commission to the Dispute Settlement B ody (DSB), is circulated to Members. This
notification also constitutes the Notice of Appeal , filed on the same day with the Appellate Body,
pursuant to the Working Procedures for Appellate Review.
Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (the "DSU") and Rule 20 of the Working Procedures for
Appellate Review, the European Communities hereby notify their decision to appeal the Panel Report
on European Communities – Anti-dumping Duties on Im ports of Cotton-type Bed Linen from India
(, 30 October 2000).
The European Communities submit that the Panel erred in its interpretation of Articles 2.4.2
and 17.6(ii) of the Agreement on Implementation of Article VI of the General Agreement on Tariffs
and Trade 1994. These errors relate to the finding of the Panel that the European Communities
"acted inconsistently with Article 2.4.2 of the AD Agreement in
establishing the existence of dumping on the basis of a methodology
which included zeroing negative price differences calculated for some
models of bed linen".
The European Communities respectfully request the Appellate Body to reverse the above
finding of the Panel, as well as the reasonin g leading thereto, and to modify accordingly the
recommendations of the Panel.
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Communication from the Appellate Body
Date: 26 January 2001
Document codes: WT/DS141/7
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Communication from the Appellate Body
The following communication, dated 26 January 2001, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its report.
The European Communities notified the Dispute Settlement Body of its decision to appeal
certain issues of law covered in the Panel Report and legal interpretations developed by the Panel in
this case on 1 December 2000, with the result that the 60-day period will expire on Tuesday,
30 January 2001. The Appellate Body will not be able to circulate its Report by 30 January 2001. We
estimate that the Appellate Body Report in this appeal will be circulated to WTO Members no later
than Thursday, 1 March 2001.
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Communication from the Appellate Body
Date: 28 February 2001
Document codes: WT/DS141/8; WT/DS141/AB/R.
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Communication from the Appellate Body
The following communication, dated 28 February 2001, from Mr. Claus-Dieter Ehlermann,
Chairman of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in European
Communities – Anti-Dumping Du ties on Imports of Cotton-Type Bed Linen from India ,
 It will be circulated to Members of the tomorrow,
1 March 2001, in accordance with paragraph 5 of Article 17 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes . It is a confidential document until its circulation.
The three Members of the Appellate Body who served on this appeal were: Mr. James Bacchus, as
Presiding Member; Mr. Georges Michel Abi-Saab and Mr. Florentino Feliciano, as Members.
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Agreement under Article 21.3(b) of the DSU
Date: 1 May 2001
Document codes: WT/DS141/10
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Agreement under Article 21.3(b) of the DSU
The following communication, dated 26 April 2001, from the Permanent Mission of India and
the Permanent Delegation of the European Commission to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 21.3(b) of the DSU.
The Government of India and the European Communities hereby have the pleasure to inform
you that on 26 April 2001, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, we mutually agreed that the reasonable period of time to
implement the recommendations and rulings of the Dispute Settlement Body (DSB) in the
above-referenced dispute shall be five months and two days, that is from 12 March 2001 until
14 August 2001.
(s) Srinivasan NARAYANAN (s) Carlo TROJAN
Ambassador Ambassador
Permanent Representative Permanent Representative to the WTO
 of India to the WTO For the European Communities
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Understanding between India and the European Communities Regarding Procedures under Articles 21 and 22 of the DSU
Date: 21 September 2001
Document codes: WT/DS141/11
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Understanding between India and the European Communities
Regarding Procedures under Articles 21 and 22 of the DSU
The following communication, dated 13 September 2001, from the Permanent Mission of
India and the Permanent Delegation of the European Commission to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Articles 21 and 22 of the DSU.
Agreed Procedures between India and the European Communities
under Articles 21 and 22 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) in the follow-up to the dispute
""
1. On 12 March 2001, the Dispute Settlement Body (DSB) adopted the Appellate Body report
and the Panel report as modified by the Appellate Body report in this dispute.
2. On 26 April 2001, pursuant to Article 21.3(b) of the DSU, the European Communities (EC)
and India agreed on the reasonable period of time for implementation of the DSB recommendations
and rulings (). As per the terms of the Agreement, the implementation process was to
be completed by 14 August 2001.
3. On 7 August 2001 the EC adopted Council Regulation (EC) No 1644/2001 amending
Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed
linen originating in Egypt, India and Pakistan and suspending its application with regard to imports
originating in India. This regulation entered into force on 14 August 2001.
4. The EC considers that by adopting Regulation 1644/2001 it has fully implemented the DSB
recommendations and rulings in the dispute "EC - Anti-Dumping Duties on Imports of Cotton-Type
Bed Linen from India" (WT/DS141). India has made known to the EC that it is in disagreement as to
whether Regulation 1644/2001 constitutes full implementation of the DSB recommendations and
rulings in the above mentioned dispute.
5. In spite of this divergence of views, the parties agree however that:

"If on the basis of the results of proceedings under Article 21.5 of the DSU that might be initiated by
India no later than 31 March 2002, India decides to initiate proceedings under Article 22 of the DSU,
the EC will not assert that India is precluded from obtaining DSB authorization because India's
request was made outside the 30 day time-period specified in the first sentence of Article 22.6 of the
DSU."
(s) Srinivasan NARAYANAN
Ambassador
Permanent Representative
 of India
(s) Carlo TROJAN
Ambassador
Permanent Representative of
 the European Communities
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON TYPE BED LINEN FROM INDIA
Document: Recourse by India to Article 21.5 of the DSU Constitution of the Panel established Note by the Secretariat
Date: 02 July 2002
Document codes: WT/DS141/14; WT/DS141/13/Rev.1; WT/DS141/13/Rev.1
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON
IMPORTS OF COTTON TYPE BED LINEN FROM INDIA
Recourse by India to Article 21.5 of the DSU
Constitution of the Panel established
Note by the Secretariat
1. At its meeting on 22 May 2002, the DSB referred this dispute to the original Panel in
accordance with Article 21.5 of the DSU to examine the matter referred to the DSB by India

2. At that DSB meeting, the parties to the dispute also agreed that the Panel should have
standard terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by India in document , th e matter referred by India to the DSB
in that document, 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. A member of the original Panel was unable to participate in these proceedings.
4. On 25 June 2002, the parties agreed on a replacement panelist, and as a result the Panel was
composed as follows:
Chairman: Mr. Dariusz ROSATI
Members: Mr. Paul O'CONNOR
Mr. Virachai PLASAI
5. Korea and the United States reserved their third-party rights.
This document has been prepared under the Secretariat's own
responsibility and without prejudice to the positions of Members
and to their rights and obligations under the WTO
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON TYPE BED-LINEN FROM INDIA
Document: Recourse by India to Article 21.5 of the DSU Constitution of the Panel established Note by the Secretariat Corrigendum The last sentence in WT/DS141/14 should read as follows:
Date: 10 July 2002
Document codes: WT/DS141/14/Corr.1; WT/DS141/14
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON
IMPORTS OF COTTON TYPE BED-LINEN FROM INDIA
Recourse by India to Article 21.5 of the DSU
Constitution of the Panel established
Note by the Secretariat
Corrigendum
The last sentence in should read as follows:
5. Japan, Korea and the United States reserved their third-party rights
This document has been prepared under the Secretariat's own
responsibility and without prejudice to the positions of Members
and to their rights and obligations under the WTO
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Recourse to Article 21.5 of the DSU by India Communication from the Chairman of the Panel
Date: 22 August 2002
Document codes: WT/DS141/15
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Recourse to Article 21.5 of the DSU by India
Communication from the Chairman of the Panel
The following communication, dated 19 August 2002, addressed to the Chairman of the
Dispute Settlement Body, is circulated pursuant to Article 21.5 of the DSU.
Article 21.5 of the DSU stipulates that a panel considering the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings of the DSB
shall circulate its report within 90 days after the date of referral of the matter to it.
Article 21.5 of the DSU further states that when a panel considers that it cannot provide its
report within this time frame, it shall inform the DSB in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report.
The matter European Communities - Anti-Dumping Du ties on Imports of Cotton-Type Bed
Linen from India - Recourse to Article 21.5 of the DSU by India was referred to the original Panel by
the DSB on 22 May 2002. Due to the inability of one of the original panelists to participate, the Panel
was re-composed on 25 June 2002.
It will not be possible for the Panel to complete its work in 90 days in light of the delay
resulting from the need to re-compose the Panel, and scheduling conflicts.
The Panel expects to complete its work in November 2002, depending on translation.
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Recourse to Article 21.5 of the DSU by India Notification of an Appeal by India under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU")
Date: 9 January 2003
Document codes: WT/DS141/16
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Recourse to Article 21.5 of the DSU by India
Notification of an Appeal by India
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes ("DSU")
The following notification, dated 8 January 2003, sent by India to the Dispute Settlement
Body ("DSB"), is circulated to Members. This notification also constitutes the Notice of Appeal, filed
on the same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Rule 20 of the Working Procedures for Appellate Review, India
hereby notifies its decision to appeal to the Appellate Body certain issues of law and legal
interpretations covered in the Panel Report on : Recourse to Article 21.5 of the DSU by India
(, dated 29 November 2002).
The appeal relates to the following issues of law and legal interpretations developed by the
Panel in its Report:
(a) The Panel erred in law in concluding that the EC did not act inconsistently with Articles 3.1
and 3.2 of the Agreement on Implementation of Article VI of the General Agreement on
Tariffs and Trade 1994 ("Anti-Dumping Agreement") in paragraph 6.144 of the Panel Report
and reasoning leading thereto;
(b) The Panel erred in law in finding that the EC did have information before it on the injury
factors under Article 3.4 of the Anti-Dumping Agreement in paragraph 6.169 of the Panel
Report and reasoning leading thereto. In reaching this conclusion the Panel failed in its
obligations under Article 17.6 of the Anti-Dumping Agreement and Article 11 of the DSU;
and
(c) (i) The Panel erred in law in finding that India's claim 6 under Article 3.5 of the Anti-
Dumping Agreement was not properly before it in paragraph 6.53 of the Panel Report
and reasoning leading thereto;
(ii) The Panel erred in law in finding that the EC's measure is not inconsistent with
Article 3.5 of the Anti-Dumping agreement for failure to ensure that injuries caused
by other factors are not attributed to dumped imports in paragraph 6.246 of the Panel
Report and reasoning leading thereto.

Accordingly, India requests the Appellate Body to reverse the conclusions reached by the
Panel in paragraphs 7.1-7.3 of the Report as it considers them to be error in law and based upon
erroneous findings on issues of law and related legal interpretations.
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Recourse to Article 21.5 of the DSU by India Communication from the Appellate Body
Date: 7 March 2003
Document codes: WT/DS141/17
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES
ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Recourse to Article 21.5 of the DSU by India
Communication from the Appellate Body
The following communication, dated 6 March 2003, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of
the reasons for the delay together with an estimate of the period within which it will submit its report.
India notified the Dispute Settlement Body on 8 January 2003 of its decision to appeal certain
issues of law covered in the Panel Report and legal interpretations developed by the Panel in this case,
with the result that the 60-day period expires on Monday, 10 March 2003. Due to the time required
for completion and translation of the Report, the Appellate Body will not be able to circulate its
Report by Monday, 10 March 2003. We estimate that the Appellate Body Report in this appeal will
be circulated to WTO Members no later than Tuesday, 8 April 2003.
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Recourse to Article 21.5 of the DSU by India Communication from the Appellate Body
Date: 9 April 2003
Document codes: WT/DS141/18; WT/DS141/AB/RW.
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES
ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Recourse to Article 21.5 of the DSU by India
Communication from the Appellate Body
The following communication, dated 8 April 2003, from Mr. James Bacchus, Chairman of the
Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.
It is my honour to provide to you the Report of the Appellate Body in European
Communities – Anti-Dumping Duties on Imports of Co tton-Type Bed Linen from India – Recourse to
Article 21.5 of the DSU by India, It will be circulated to Members of the later today, 8 April 2003, in accordance with paragraph 5 of Article 17 of the
Understanding on Rules and Procedures Go verning the Settlement of Disputes . It is a confidential
document until its circulation. The three Members of the Appellate Body who served on this appeal
were: Mr. Georges Abi-Saab, as Presiding Member; Mr. Yasuhei Taniguchi and myself, as Members.
EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 22 March 2001
Document codes: WT/DS141/9; WT/DS141/AB/R; WT/DS141/R
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES - ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 12 March 2001, the Dispute Settlement Body adopted the Appellate Body
report on "" (), and the panel report (), as modified by the Appellate
Body report. The panel report should be read in conjunction with the Appellate Body report.

IMPORTATIONS DE LINGE DE LIT EN COTON
EN PROVENANCE D'INDE
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 12 mars 2001, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé " Communautés européennes - Droits antidumping sur les importations de
linge de lit en coton en provenance d'Inde" () et le rapport du Groupe spécial
rapprocher de celui de l'Organe d'appel.

COMUNIDADES EUROPEAS - DERECHOS ANTIDUMPING
DE ALGODÓN ORIGINARIAS DE LA INDIA
Actuación del Órgano de Solución de Diferencias
sobre las importaciones de ropa de cama de algodón originarias de la India" (WT/DS141/AB/R), así
Apelación.
EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS OF COTTON-TYPE BED LINEN FROM INDIA
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 29 April 2003
Document codes: WT/DS141/19; WT/DS141/AB/RW; WT/DS141/RW
Complainant: India
Respondent: EU
Third parties: Egypt, Japan, South Korea, U.S.
Dispute stage: Consultation
Agreements cited: Art. VI, I  GATT 1994Art. 2, 3, 4, 5, 15, 12  Anti-dumping

EUROPEAN COMMUNITIES – ANTI-DUMPING DUTIES ON IMPORTS
OF COTTON-TYPE BED LINEN FROM INDIA
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
At its meeting on 24 April 2003, the Dispute Settlement Body adopted the Appellate Body
report on : Recourse to Article 21.5 of the DSU by India () and the Panel report
(), as modified by the Appellate Body report. The Panel report should be read in
conjunction with the Appellate Body report.
IMPORTATIONS DE LINGE DE LIT EN COTON
EN PROVENANCE D'INDE
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5
À sa réunion du 24 avril 2003, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé " Communautés européennes - Droits antidumping sur les importations de
linge de lit en coton en provenance d'Inde - Recours de l'Inde à l'article 21:5 du Mémorandum
rapprocher de celui de l'Organe d'appel.
LAS IMPORTACIONES DE ROPA DE CAMA DE ALGODÓN
ORIGINARIAS DE LA INDIA
Informe del Órgano de Apelación e informe del Grupo Especial de conformidad
Actuación del Órgano de Solución de Diferencias
En su reunión de 24 de abril de 2003, el Órgano de Solución de Diferencias adoptó el informe
importaciones de ropa de cama de algodón originarias de la India: Recurso de la India al párrafo 5
SLOVAK REPUBLIC – MEASURE AFFECTING IMPORT DUTY ON WHEAT FROM HUNGARY
Document: Request for the Establishment of a Panel by Hungary
Date: 9 October 1998
Document codes: WT/DS143/2
Complainant: Hungary
Respondent: Slovak Republic
Dispute stage: Consultation
Agreements cited: Art. I, II  GATT 1994Art. 4  Agriculture

SLOVAK REPUBLIC – MEASURE AFFECTING IMPORT
DUTY ON WHEAT FROM HUNGARY
Request for the Establishment of a Panel by Hungary
The following communication, dated 8 October 1998, from the Permanent Mission of
Hungary to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the
DSU.
Hungary requested consultations with the Slovak Republic on 18 September 1998 under
Article 4.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Article XXIII:1(a) of the General Agreement on Tariffs and Trade 1994 and Article 19 of the
Agreement on Agriculture regarding import measures imposed on wheat originating in Hungary.
On 28 September 1998, consultations were held between the two parties. Unfortunately, up
till now the consultations did not lead to a mutually satisfactory solution.
Hungary hereby requests that a panel be established at the next meeting of the Dispute
Settlement Body (DSB) pursuant to Articles 4. 9 and 6 of the DSU and Article XXIII:2 of GATT
1994.
Hungary claims that the Slovak Republic, by increasing the import duties on wheat
(HS 1001.1000, 1001.90) originating in Hungary above the respective bound rates, has acted
inconsistently with Articles I and II of GATT 1994 and Article 4 of the Agreement on Agriculture,
therefore nullifying or impairing the benefits accruing to Hungary under GATT 1994 and the
Agreement on Agriculture.
Hungary requests that the Panel be established with standard terms of reference as set out in
Article 7 of the DSU.
SLOVAK REPUBLIC – MEASURE AFFECTING IMPORT DUTY ON WHEAT FROM HUNGARY
Document: Request for Consultations from Hungary
Date: 21 September 1998
Document codes: WT/DS143/1; G/AG/GEN/26
Complainant: Hungary
Respondent: Slovak Republic
Dispute stage: Consultation
Agreements cited: Art. I, II  GATT 1994Art. 4  Agriculture

SLOVAK REPUBLIC – MEASURE AFFECTING IMPORT
DUTY ON WHEAT FROM HUNGARY
Request for Consultations from Hungary
The following communication, dated 18 September 1998, from the Permanent Mission of
Hungary to the Permanent Mission of the Slovak Republic and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
The Government of Hungary requests urgent consultation with the Slovak Republic pursuant
to Article 4.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article XXIII:I(a) of the General Agreement on Tariffs and Trade 1994 and Article 19 of the
Agreement on Agriculture regarding a regulation adopted by the Slovak Republic which entered into
force on 10 September 1998 and which increased the import duty of wheat originating in Hungary.
The increased import duty on wheat (HS 1001.1000, 1001.90) amounts to 2540 SKK/t which
equals approximately to 70% ad valorem. The bound rates for these tariff lines in the Slovak
Schedule for the year 1998 are set at the level of 4,4% (HS 1001.1000), 27% (HS 1001.9010) and
22,5% (HS 1001.9091, 1001.9099). The only country subject to this measure is Hungary. The
Government of Hungary is of the view that this measure is inconsistent with the obligations of the
Slovak Republic under the General Agreement on Tariffs and Trade 1994 and the Agreement on
Agriculture. The provisions of the agreements with which this measure is inconsistent include, but
are not limited to, the following:
(i) General Agreement on Tariffs and Trade 1994, Article I
(ii) General Agreement on Tariffs and Trade 1994, Article II
(iii) Agreement on Agriculture, Article 4
Taking into account the clear inconsistency of this measure with the most fundamental
obligations of the Slovak Republic under the WTO and the severe economic and trade losses that are
being caused by this measure and in view of the fact that the measure is expected to remain in force
until 10 March 1999, the solution of this case is of extreme urgency. It is for this very reason that
Hungary invokes the urgency provision of the DSU as indicated above.
The Government of Hungary reserves the right to raise additional claims, legal matters and
any other matters regarding the measure of the Slovak Republic during the course of the
consultations.
We look forward to receiving your reply to this request within a short period of time so as to
enable us to hold consultations before 28 September 1998 in line with Article 4.8 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.
UNITED STATES - CERTAIN MEASURES AFFECTING THE IMPORT OF CATTLE, SWINE AND GRAIN FROM CANADA
Document: Request for Consultations from Canada
Date: 29 September 1998
Document codes: WT/DS144/1; G/L/260; G/SPS/W/90; G/TBT/D/18; G/AG/GEN/27
Complainant: Canada
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. I, III, V, XI, XXIV:12  GATT 1994Art. 2, 3, 4, 5, 6, 13, Annex B, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2, 3, 5, 7  Technical Barriers to Trade (TBT)

UNITED STATES - CERTAIN MEASURES AFFECTING THE IMPORT
OF CATTLE, SWINE AND GRAIN FROM CANADA
Request for Consultations from Canada
The following communication, dated 25 September 1998, from the Permanent Mission of
Canada to the Permanent Mission of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
The Government of Canada requests consultations with the Government of the United States
pursuant to Article XXIII of the General Agreement on Tariffs and Trade 1994, Article 11 of the
Agreement on the Application of Sanitary and Phytosanitary Measures, Article 14 of the Agreement
on Technical Barriers to Trade, Article 19 of the Agreement on Agriculture, and Article 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes, regarding certain
measures imposed by South Dakota and other States prohibiting entry or transit to Canadian trucks
carrying cattle, swine and grain.
These measures adversely affect the importation into the United States of cattle, swine and
grain originating in Canada. The Government of Canada is of the view that these measures are
inconsistent with the obligations of the United States under the Agreement on the Application of
Sanitary and Phytosanitary Measures, the Agreement on Technical Barriers to Trade and the General
Agreement on Tariffs and Trade 1994. The provisions of these agreements with which these
measures are inconsistent include, but are not limited to, the following:
(i) Agreement on the Application of Sanitary and Phytosanitary Measures, Articles 2, 3,
4, 5, 6, 13 and Annexes B and C;
(ii) Agreement on Technical Barriers to Trade, Articles 2, 3, 5 and 7;
(iii) Agreement on Agriculture, Article 4;
(iv) General Agreement on Tariffs and Trade 1994, Articles I, III, V, XI, and XXIV:12.

WT/DS144/1, G/L/260,
G/SPS/W/90, G/TBT/D/18

The Government of Canada is of the view that these measures nullify or impair the benefits
accruing to Canada directly or indirectly under the cited Agreements, regardless of whether violations
of these Agreements occurred.
In accordance with Article 4.8 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, the Government of Canada requests consultations with the Government of the
United States to discuss this matter with the intention of reaching a satisfactory result. In view of the
perishable nature of the goods in question, the Government of Canada welcomes any suggestions the
Government of the United States may wish to make concerning dates on which the consultations
could take place within ten days from the date of receipt of this request.
ARGENTINA – COUNTERVAILING DUTIES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Request for Consultations from the European Communities
Date: 29 September 1998
Document codes: WT/DS145/1; G/SCM/D29/1
Complainant: EU
Respondent: Argentina
Dispute stage: Consultation
Agreements cited: Art. 10, 11.11  Subsidies and Countervailing Measures (SCM)

ARGENTINA – COUNTERVAILING DUTIES ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Request for Consultations from the European Communities
The following communication, dated 23 September 1998, from the Permanent Delegation of
the European Communities to the Permanent Mission of Argentina and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
On behalf of the European Communities, I hereby request consultations with Argentina
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) and Articles 10, 11 and 30 of th e Agreement on Subsidies and Countervailing
Measures (SCM Agreement), with regard to definitive countervailing duties imposed by Argentina on
imports of wheat gluten from the European Union.
Argentina imposed a countervailing duty on the above imports with effect from 23 July 1998.
The investigation which led to the imposition of these duties had been initiated on 23 October 1996.
Article 11.11 of the SCM Agreement specifies that investigations shall in no case be concluded more
than 18 months after their initiation. In the case in question, Argentina's investigation exceeded
18 months; it has consequently not complied with this provision and has violated Article 10 of the
SCM Agreement.
I look forward to receiving your reply to this request from the European Communities and to
setting a mutually convenient date for these consultations.
A copy of this letter is being sent to the Chairman of the Dispute Settlement Body and to the
Director of the Legal Department of the Secretariat for onward distribution
to the Chairman of the Subsidies and Countervailing Measures Committee.
ARGENTINA – COUNTERVAILING DUTIES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Request for Consultations from the European Communities Revision
Date: 12 October 1998
Document codes: WT/DS145/1/Rev.1; G/SCM/D29/1/Rev.1
Complainant: EU
Respondent: Argentina
Dispute stage: Consultation
Agreements cited: Art. 10, 11.11  Subsidies and Countervailing Measures (SCM)

ARGENTINA – COUNTERVAILING DUTIES ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Request for Consultations from the European Communities
Revision
The following communication, dated 7 October 1998, from the Permanent Delegation of the
European Communities to the Permanent Mission of Argentina and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.4. of the DSU.
On behalf of the European Communities, I hereby request consultations with Argentina
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) and Article 30 of the Agreement on Subsidies and Countervailing Measures
(SCM Agreement), with regard to definitive countervailing duties imposed by Argentina on imports
of wheat gluten from the European Union. The European Communities intend that these
consultations be conducted in accordance with the procedures and practices of Article XXIII GATT.
Argentina imposed a countervailing duty on the above imports with effect from 23 July 1998.
The investigation which led to the imposition of these duties had been initiated on 23 October 1996.
Article 11.11 of the SCM Agreement specifies that investigations shall in no case be concluded more
than 18 months after their initiation. In the case in question, Argentina's investigation exceeded
18 months; it has consequently not complied with this provision and has violated Article 10 of the
SCM Agreement.
I look forward to receiving your reply to this request from the European Communities and to
setting a mutually convenient date for these consultations.
A copy of this letter is being sent to the Chairman of the Dispute Settlement Body and to the
Director of the Legal Department of the Secretariat for onward distribution
to the Chairman of the Subsidies and Countervailing Measures Committee.
INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Document: Request to Join Consultations
Date: 26 October 1998
Document codes: WT/DS146/2
Complainant: EU
Respondent: India
Third parties: Japan, South Korea
Dispute stage: Consultation
Agreements cited: Art. III, XI  GATT 1994Art. 2.1  Trade-Related Investment Measures (TRIMs)

INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Request to Join Consultations
The following communication, dated 21 October 1998, from the Permanent Mission of Japan
to the Permanent Mission of India and to the Chairman of the Dispute Settlement Body, is circulated
in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, the Government of Japan hereby notifies the Government of
India that, in light of the substantial trade interest of Japan, it desires to be joined in the consultations
requested by the European Communities in a communication circulated to WTO Members on
12 October 1998 (, G/ L/261, ) entitled "".
INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Document: Request to Join Consultations Communication from the United States
Date: 28 October 1998
Document codes: WT/DS146/3
Complainant: EU
Respondent: India
Third parties: Japan, South Korea
Dispute stage: Consultation
Agreements cited: Art. III, XI  GATT 1994Art. 2.1  Trade-Related Investment Measures (TRIMs)

INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Request to Join Consultations
Communication from the United States
The following communication, dated 22 October 1998, from the Permanent Mission of the
United States to the Permanent Mission of India and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, the United States Government hereby notifies the Government
of India that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations under Article XXII:1 of the General Agreement on Tariffs and Trade 1994
("GATT 1994") requested by the European Communities in a communication circulated to WTO
Members on 12 October 1998 (), entitled "".
The United States has a substantial trade interest in the automobiles and automobile parts and
components that are the subject of the EC request. The U.S. trade interest in the Indian automotive
regime, and the restrictive nature of this regime on U.S. trade can be seen in the following figures.
The United States exported only $29 million in automotive vehicles and parts (HS chapter 87) to India
in calendar year 1997. By contrast, U.S. exports of automotive vehicles and parts in chapter 87 to
East Asia amounted to $61 billion in the same period. U.S. chapter 87 exports were 9 per cent of total
U.S. exports to East Asia and less than one per cent of U.S. exports to India.
INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Document: Request for the Establishment of a Panel by the European Communities
Date: 13 October 2000
Document codes: WT/DS146/4
Complainant: EU
Respondent: India
Third parties: Japan, South Korea
Dispute stage: Consultation
Agreements cited: Art. III, XI  GATT 1994Art. 2.1  Trade-Related Investment Measures (TRIMs)

INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Request for the Establishment of a Panel by the European Communities
The following communication, dated 12 October 2000, from the Permanent Delegation of the
European Commission to the Chairman of the Disp ute Settlement Body, is circulated pursuant to
Article 6.2 of the DSU.
On 6 October 1998 the European Communities (EC) requested consultations with the
Government of India pursuant to Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs on Trade 1994
(GATT) and Article 8 of the Agreement on Trade-Related Investment Measures (TRIMs Agreement)
with respect to certain measures affecting the im portation and internal sale of automotive products

The EC and India held consultations in Ge neva on 2 December 1998. Unfortunately those
consultations failed to resolve the dispute.
The measures concerned are contained in:
- Public Notice No. 60 (PN 97-02) of the Indian Ministry of Commerce, effective
12 December 1997; and
- the Memorandums of Understanding (MoUs) entered into by certain manufacturers of
automobiles with the Government of India pursuant to Public Notice No 60.
The above measures require manufacturers of automobiles to sign an MoU as a condition for
obtaining licenses for importing automotive products that are currently subject to import restrictions.
According to the Indian authorities, the MoUs are “binding” and “enforceable” instruments, which
shall remain valid after the date when those rest rictions are eliminated. The MoUs require (i) to
establish “actual production facilities” in India; (ii) to make a minimum investment; (iii) to achieve a
certain level of "indigenisation"; and (iv) to export a certain amount of automotive products.
The EC considers that the requirements imposed by the above measures are in violation of
Articles III:4 and XI:1 of GATT and of Article 2.1 of the TRIMs Agreement.
In view of the above, the EC hereby request that a panel be established at the next meeting of
the Dispute Settlement Body pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of GATT and
Article 8 of the TRIMs Agreement, in accordance with the standard terms of reference provided for in
Article 7.1 of the DSU.
INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Document: Constitution of the Panel Established at the Requests of the United States and the European Communities Note by the Secretariat
Date: 30 November 2000
Document codes: WT/DS146/5; WT/DS175/5; WT/DS175/4.
Complainant: U.S.
Respondent: India
Third parties: EU, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. III:4, XI:1  GATT 1994Art. 2.1, 2.2  Trade-Related Investment Measures (TRIMs)

INDIA – MEASURES AFFECTING THE AUTOMOTIVE SECTOR
Constitution of the Panel Established at the Requests of the United States
and the European Communities
Note by the Secretariat
1. At its meeting of 27 July 2000 (WT/DSB/M/86), the DSB established a panel at the request of
the United States to examine the complaint contained in On 14 November 2000, the
United States requested the Director-General to determine the composition of the Panel, pursuant to
Article 8.7 of the DSU.
2. At its meeting of 17 November 2000, the DSB agreed that, in accordance with Article 9.1 of
the DSU, the panel established on 27 July to examine the complaint by the United States should also
examine the complaint by the European Communities contained in and agreed that the
Panel should have standard terms of reference. The terms of reference of the Panel are therefore as
follows:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in WT/DSB/175/4 and by the European Communities in
, the matters referred to the DSB by the United States and the European
Communities in those documents 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 24 November, in accordance with Article 8.7 of the DSU, the Director-General composed
the Panel as follows:
Chairman: Mr. John Weekes
Members: Ms. Gloria Peña
Mr. Jeffrey Waincymer
4. Korea and Japan have reserved their rights to participate in the panel proceedings as third
parties.