dean22029/WTO_Docs huggingface dataset:
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 29 January 2007
Document codes: WT/DS320/10
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 23 January 2007, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (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 in (WT/DS320) was established by the DSB on 17 February 2005 and composed on
6 June 2005.

 The Panel expected to issue its final report to the parties in the course of October 2006, as
indicated in its communication to the DSB on 20 January 2006. However, due to the complexity of
the scientific issues involved and due to the difficu lties in scheduling the second open hearing of the
Panel with the parties and the experts consulted by the Panel, it was not possible to meet that time
line. The Panel estimates that it will issue its final report to the parties in the course of June 2007.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 26 June 2007
Document codes: WT/DS320/11
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 22 June 200 7, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (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 in (WT/DS320) was established by the DSB on 17 February 2005 and composed on
6 June 2005.

 Due to the complexity of the dispute, and in particular, the scientific and technical issues
involved, the preparation of the Panel Report is ta king longer than expected. Based on the current
assessment of the process, the Panel would expect to issue its final report to the parties in the course
of October 2007.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 21 November 2008
Document codes: WT/DS320/18; WT/DS320/AB/R; WT/DS320/R
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 14 November 2008, the Dis pute Settlement Body adopted the Appellate
Body report on United States – Continued Suspension of Ob ligations in the EC – Hormones Dispute
() and the Panel report (), as modified by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

ÉTATS-UNIS – MAINTIEN DE LA SUSPENSION D'OBLIGATIONS

Rapport de l'Organe d'appel et rapport du Groupe spécial

rapport de l'Organe d'appel. Le rapport du Groupe spécial devrait être lu conjointement avec celui de
l'Organe d'appel.

ESTADOS UNIDOS - MANTENIMIENTO DE LA SUSPENSIÓN DE
OBLIGACIONES EN LA DIFERENCIA CE - HORMONAS

Actuación del Órgano de Solución de Diferencias
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE (WT/DS320)
Document: CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE (WT/DS321) Communication from the Chairman of the Panels
Date: 2 August 2005
Document codes: WT/DS320/8; WT/DS321/8
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE
(WT/DS320)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE
(WT/DS321)

Communication from the Chairman of the Panels

 The following communication, dated 1 August 2005, has been received by the Chairman of
the Dispute Settlement Body (DSB) from the Chairman of the above-mentioned Panels.

 With regard to the proceedings of the Panels in the two above-referenced cases, I am writing
to advise you that following a common request made by the parties on 13 June 2005 and after careful
consideration of the existing provisions of the DSU, we have decided that the panel meetings to which
the parties are invited to appear will be open for observation by the public through a closed-circuit TV
broadcast. The meeting of the Panels with the th ird parties will remain closed as not all the third
parties have agreed to have it open for observation by the public.

 The first meeting of the Panels with the pa rties will take place on 12-15 September 2005. We
are asking the Secretariat to make appropriate lo gistical arrangements for this meeting. We
understand that this meeting could be broadcast through closed-circuit TV into the General Council
Room, where other WTO Member delegations and th e general public will be able to observe the
broadcast.

 With a view to ensuring fu ll transparency and non-discrimin atory access to the broadcast by
all, in particular by all WTO Members, we are also requesting the Secretariat, when making the
appropriate logistical meeting arrangements, to guarantee that each WTO Member delegation has at
least two seats available in the room where the clos ed-circuit broadcast will be shown. Delegations
interested in having more than two seats should indicat e it to the Secretariat. In addition we will ask
the Secretariat to provide further logistical information to Members as soon as possible.

 I would very much appreciate it if you c ould please circulate this communication to all
Members of the Dispute Settlement Body.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE Communication from the Appellate Body
Date: 24 July 2008
Document codes: WT/DS320/14; WT/DS321/14
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Appellate Body

 The following communication, dated 22 July 2008, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settle ment 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 afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") 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 DSB on 29 May 2008 of its decision to appeal
certain issues of law covered in the Panel Reports and legal interpretations de veloped by the Panel in
these cases, with the result that the 60-day period expires on Monday, 28 July 2008. In the light of the
numerous and complex issues raised in these app eals, and the increased burden on translation
services, the Appellate Body is not able to circulate its Report by Monday, 28 July 2008. We estimate
that the Appellate Body Report in these appeals will be circulated to WTO Members no later than
Thursday, 16 October 2008. The European Communities, Canada, and the United States have
confirmed that they will deem the Appellate Body Report in these proceedings, issued no later than
16 October 2008, to be an Appellate Body Report circulated pursuant to Article 17.5 of the DSU.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE Communication from the Appellate Body
Date: 22 October 2008
Document codes: WT/DS320/15; WT/DS321/15; WT/DS320/AB/R
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Appellate Body

 The following communication, dated 16 October 2008, 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.

 It is my honour to provide to you the Reports of the Appellate Body in , , and
Canada – Continued Suspension of Obligations in the EC – Hormones Dispute ,
The Reports will be circulated to Members of the at 4.30 p.m. today, in
accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes . The three Members of the Appellate Body who served on this appeal
were: Mr. David Unterhalter, as Presiding Member, Mr. Georges Abi-Saab and Ms. Lilia Bautista, as
Members.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from Australia
Date: 22 November 2004
Document codes: WT/DS321/2
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from Australia

 The following communication, dated 19 Novemb er 2004, from the delegation of Australia to
the delegation of Canada, the dele gation of the European Communities and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I refer to the "Request for Consultations by the European Communities" regarding the
continued suspension of obligations in the EC – Hormones dispute, made on 8 November 2004,
pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") and
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU") which was circulated to Members on 10 November 2004 ( refers).

 Australia was a third party to the EC – Hormones dispute that gave rise to the suspension of
concessions and other obligations that are the subj ect of these consultations. In addition, as a
significant exporter, both globally and to the Canadian market, of a number of products that are
subject to punitive import duties imposed by Canada on imports from the EC, notably beef products,
Australia has a substantial trade interest in the c onsultations requested by the European Communities.
Australia hereby notifies, pursuant to Article 4.11 of the DSU, its desire to be joined in the
consultations between the European Communities and Canada.

 Australia looks forward to receiving your reply.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from Mexico
Date: 23 November 2004
Document codes: WT/DS321/3
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from Mexico

 The following communication, dated 19 Novemb er 2004, from the delegation of Mexico to
the delegation of Canada, the dele gation of the European Communities and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I hereby notify Mexico's substantial trade interest and its desire to be
joined in the consultations requested by the Eu ropean Communities regarding Canada's continued
suspension of concessions and other obliga tions under the covered agreements in European
Communities – Measures Concerning Meat and Meat Products (Hormones).
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from the United States
Date: 13 December 2004
Document codes: WT/DS321/4; WT/DS321/1
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from the United States

 The following communication, dated 19 Novemb er 2004, from the delegation of the United
States to the delegation of Canada, the dele gation of the European Communities and to the
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I am writing concerning the request for cons ultations by the European Communities ("EC")
on , circulated on
10 November 2004 (). Pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes , my authorities have instructed me to notify the
consulting Members and the Dispute Settlement Body of the desire of the United States to be joined in
these consultations.

 The United States has a substantial trade interest in this matter. The United States and
Canada were co-complainants in the underlying dispute on the EC's WTO-inconsistent ban on imports
of beef treated with growth hormones, and th e EC has brought a parallel dispute against the
United States.
CANADA - CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC - HORMONES DISPUTE
Document: Acceptance by Canada of the Request to Join Consultations Australia, Mexico and the United States notifie d the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requ ested by the European Communities, pursuant to Article 4.11 of the DSU. The delegation of Canada informed the DSB that it had accepted the request of the United States to join the consultations. CANADA - MAINTIEN DE LA SUSPENSION D'OBLIGATIONS DANS LE DIFFÉREND CE - HORMONES
Date: 14 December 2004
Document codes: WT/DS321/5
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA - CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC - HORMONES DISPUTE

Acceptance by Canada of the Request to Join Consultations

 Australia, Mexico and the United States notifie d the Dispute Settlement Body (DSB) of their
desire to be joined in the consultations requ ested by the European Communities, pursuant to
Article 4.11 of the DSU.

 The delegation of Canada informed the DSB that it had accepted the request of the United
States to join the consultations.

CANADA - MAINTIEN DE LA SUSPENSION D'OBLIGATIONS

CANADÁ - MANTENIMIENTO DE LA SUSPENSIÓN DE OBLIGACIONES

 Australia, los Estados Unidos y México notif icaron al Órgano de Solución de Diferencias
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat
Date: 7 June 2005
Document codes: WT/DS321/7; WT/DS321/6; WT/DS321/6
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Constitution of the Panel Established at the Request of the European Communities

Note by the Secretariat

1. At its meeting on 17 February 2005, the Dis pute Settlement Body (DSB ) established a panel
pursuant to the request of the European Communities in document , in accordance with
Article 6 of the DSU (WT/DSB/M/183).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document , the matter referred to the
DSB by the European Communiti es 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. On 27 May 2005, the European Communities requ ested 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 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."
4. On 6 June 2005, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Tae-yul Cho

 Members: Mr William Ehlers
 Ms Claudia Orozco

5. Australia, Brazil, China, India, Mexico, New Zealand, Norway, Chinese Taipei and the
United States have reserved their rights to participate in the Panel proceedings as a third party.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 23 January 2006
Document codes: WT/DS321/9
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 20 January 2006, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (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 in
(WT/DS321) was established by the DSB on 17 February 2005 and composed on 6 June 2005.

 Due to the complexity of the dispute, and th e administrative and procedural matters involved,
the Panel is not able to complete its work in six months. Based on the current assessment of the
process, the Panel would expect to issue its final report to the parties in the course of October 2006.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 29 January 2007
Document codes: WT/DS321/10
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 23 January 2007, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (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 in
(WT/DS321) was established by the DSB on 17 February 2005 and composed on 6 June 2005.

 The Panel expected to issue its final report to the parties in the course of October 2006, as
indicated in its communication to the DSB on 20 January 2006. However, due to the complexity of
the scientific issues involved and due to the difficu lties in scheduling the second open hearing of the
Panel with the parties and the experts consulted by the Panel, it was not possible to meet that time
line. The Panel estimates that it will issue its final report to the parties in the course of June 2007.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 26 June 2007
Document codes: WT/DS321/11
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 22 June 200 7, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (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 in
(WT/DS321) was established by the DSB on 17 February 2005 and composed on 6 June 2005.

 Due to the complexity of the dispute, and in particular, the scientific and technical issues
involved, the preparation of the Panel Report is ta king longer than expected. Based on the current
assessment of the process, the Panel would expect to issue its final report to the parties in the course
of October 2007.
CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 21 November 2008
Document codes: WT/DS321/16; WT/DS321/AB/R; WT/DS321/R
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, China, Taiwan, India, Mexico, New Zealand, Norway, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

CANADA – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 14 November 2008, the Dis pute Settlement Body adopted the Appellate
Body report on Canada – Continued Suspension of Obliga tions in the EC – Hormones Dispute
() and the Panel report (), as modified by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

LE DIFFÉREND CE – HORMONES

Rapport de l'Organe d'appel et rapport du Groupe spécial

rapport de l'Organe d'appel. Le rapport du Groupe spécial devrait être lu conjointement avec celui de
l'Organe d'appel.

CANADÁ - MANTENIMIENTO DE LA SUSPENSIÓN DE OBLIGACIONES

Actuación del Órgano de Solución de Diferencias
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from Norway
Date: 10 December 2004
Document codes: WT/DS322/3
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

Request to Join Consultations

Communication from Norway

 The following communication, dated 8 December 2004, from the delegation of Norway to the
delegation of the United States, the delegation of Japan and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I refer to the "Request for Consultations by Japan" regarding " " made on 24 November 2004, pursuant to Article XXII:1 of
the General Agreement on Tariffs and Trade 1994 ("GATT 1994") and Article 17.2 of the Agreement
on Implementation of Article VI of GATT 1994 (the Anti-Dumping Agreement) which was circulated
to Members on 29 November 2004 ().

 Norway has a substantial trade interest in re spect of the issues raised in the consultation
request by Japan. Norwegian products have been and continue to be subject to the United States
measures of general application identified in the request . Norway is also directly affected with regard
to a number of the identified procedures applie d by United States Department of Commerce and
United States International Trade Commission.

Norway hereby notifies, pursuant to Article 4.11 of the DSU, its desire to be joined in the
consultations between United States and Japan. We ask to be informed about the venue and time for
the consultations.

 We look forward to receiving your early reply.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from Argentina
Date: 10 December 2004
Document codes: WT/DS322/4; WT/DS322/1
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

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Request to Join Consultations

Communication from Argentina

 The following communication, dated 8 December 2004, from the delegation of Argentina to
the delegation of the United States, the delegation of Japan and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Regarding the request of the Government of Japan for consultations with the Government of
the United States of America, submitted on 24 November last and circulated on 29 November,
concerning the matter – , Argentina requests to be joined in the consultations, pursuant to Article 4.11 of the DSU.

 Argentina has both a systemic interest in the correct application of the provisions of the Anti-
Dumping Agreement and a specific interest in the in terpretation of the consis tency of the legislation
and regulations that constitute the subject-matter of the consultations and of the application, by the
United States authorities, of the legislation in question.

 In this connection, the Appellate Body recently issued its report on WT/DS268 – Sunset
Reviews of Anti-Dumping Measures on O il Country Tubular Goods from Argentina , a dispute
concerning the two aspects that have led the Gove rnment of Japan to seek consultations, namely
zeroing and various aspects of the sunset reviews, as applied to oil country tubular goods from
Argentina.

 Argentina would be grateful of being informed of the date and venue of the consultations.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Date: 10 December 2004
Document codes: WT/DS322/5
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

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Request to Join Consultations

Communication from the Separate Customs Territory
of Taiwan, Penghu, Kinmen and Matsu

 The following communication, dated 8 December 2004, from the delegation of the Separate
Customs Territory of Taiwan, Penghu, Kinmen and Matsu, to the delegation of the United States, the
delegation of Japan and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu hereby notifies the Consulting Parties and the Dispute Settlement Body that it
wishes to join in the consultations requested by Japan regarding Measures Relating to Zeroing and
Sunset Reviews. Japan's request for consultations, pu rsuant to Articles 4 of the DSU, Article XXII:1
of the General Agreement on Tariffs and Trade 1994, and Article 17.2 of the Agreement on
Implementation of Article VI of GATT 1994, was circulated on 29 November 2004 in document

 The Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu is subjected to the
fourth largest number of anti-dumping measures impo sed by the United States on its trading partners,
with a total of twelve within the last ten years. Our industries have also been the subject of seventeen
investigations in that same period. In addition, Japan has cited one case, sunset review of corrosion-
resistant carbon steel flat products, in which our indust ry is also involved. Because of our substantial
trade interest as well as systemic interest, we request to join these consultations.

 We would appreciate the Consulting Parties informing us of the date and venue of the
consultations so as to enable our participation.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from the European Communities
Date: 10 December 2004
Document codes: WT/DS322/6
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

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Request to Join Consultations

Communication from the European Communities

 The following communication, dated 8 Decemb er 2004, from the delegation of the European
Communities to the delegation of the United States, th e delegation of Japan and to the Chairperson of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), th e European Communities hereby notifies the Government of the
United States that, in the light of the substantial tr ade interest of the European Communities, it desires
to be joined in the consultations requested by Japan in a communication circulated to WTO Members
on 29 November 2004 (, , G/ ADP/D58/1) entitled "".

 The European Communities is a major exporter to the United States and its exports are subject
to a substantial number of anti-dumping measures. The European Communities has a substantial
trade interest in the correct a pplication by the United States of the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994, and notably on the methodology to
determine the dumping margin as shown by its own recourse to the WTO dispute settlement
procedure on this issue (DS294 – United States – Laws, Regulations and Methodology for Calculating
Dumping Margins (zeroing)).
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Request to Join Consultations Communication from Mexico
Date: 10 December 2004
Document codes: WT/DS322/7
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

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Request to Join Consultations

Communication from Mexico

 The following communication, dated 8 December 2004, from the delegation of Mexico to the
delegation of the United States, the delegation of Japan and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I hereby notify the substantial trade interest of Mexico and its intention
to be joined in the consultations requested by Japan regarding certain measures imposed by the United
States, including:

 (1) The "zeroing" practice;

 (2) in sunset reviews, the USDOC's "irrefutable presumption" of the likelihood of
continuation or recurrence of dumping in certain specific factual situations; and

 (3) in sunset reviews, the waiver provisions of US law, which oblige the USDOC, in
certain situations, to find a likelihood of continuation or recurrence of dumping
without performing a substantive review.

 Since the United States is the main destination for Mexican exports and those exports have
been and may continue to be subject to measures such as those referred to above, it is of the utmost
importance that Mexico should participate in the said consultations.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Constitution of the Panel Established at the Request of Japan Note by the Secretariat
Date: 19 April 2005
Document codes: WT/DS322/9; WT/DS322/8; WT/DS322/8
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
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Constitution of the Panel Established at the Request of Japan

Note by the Secretariat

1. At its meeting on 28 February 2005, the Di spute Settlement Body established a Panel
pursuant to the request by Japan in document , in accordance with Article 6 of the
Dispute Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so 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 Japan in document , the matter referred to the DSB by Japan in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 7 April 2005, Japan requested the Directo r-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 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 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. On 15 April 2005, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. David Unterhalter
Members: Mr. Simon Farbenbloom
 Mr. José Antonio Buencamino
5. Argentina; China; the Europ ean Communities; Hong Kong, China; India; Korea; Mexico;
New Zealand; Norway; and Thailand reserved their third-party rights.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Communication from the Chairman of the Panel
Date: 17 November 2005
Document codes: WT/DS322/10
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS

Communication from the Chairman of the Panel

 The following communication, dated 15 Nove mber 2005, addressed to the Chairman of the
Dispute Settlement Body, is circulated in accord ance with Article 12.9 of the Dispute Settlement
Understanding (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 te rms 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 pane l 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 (WT/DS322)
was established by the DSB on 28 February 2005, a nd the Director-General composed the Panel on
15 April 2005.

 It will not be possible for the Panel to complete its work within six months of the date of
composition, inter alia, due to the complexity of the issues and other unavoidable postponements in
the timetable for the work of the Panel.

 The Panel hopes to complete its work by March 2006.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Communication from the Chairman of the Panel
Date: 12 May 2006
Document codes: WT/DS322/11
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO
ZEROING AND SUNSET REVIEWS

Communication from the Chairman of the Panel

 The following communication, dated 10 May 2006 , addressed to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (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 te rms 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 pane l 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 (WT/DS322)
was established by the DSB on 28 February 2005, a nd the Director-General composed the Panel on
15 April 2005.

 Due to the complexity of the issues involved, the Panel hopes to complete its work by the end
of August/early September 2006.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Notification of an Other Appeal by the United States under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 23(1) of the  Working Procedures for Appellate Review
Date: 23 October 2006
Document codes: WT/DS322/13
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

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Notification of an Other Appeal by the United States
under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 23(1) of the Working Procedures for Appellate Review

 The following notification, dated 23 October 2006, from the Delegation of the United States,
is being circulated to Members.

Pursuant to Rule 23 of the Working Procedures for Appellate Review , the United States
hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in the Report
of the Panel on ()
("Panel Report") and certain legal interpretations developed by the Panel in this dispute.

 The United States seeks review by the Appellate Body of the Panel's finding and related legal
interpretations that the United States maintains a measure referred to as "zeroing procedures" in
transaction-to-transaction and average-to-transac tion comparisons in the context of original
investigations.
1 This finding is in error and is based on an erroneous applic ation of the law and
related legal interpretations. In addition, the Panel failed to ma ke an objective assessment of the
matter before it in connection with the issue of th e existence of "zeroing procedures" that may be
challenged as such in transaction-to-transaction and average-to-transaction comparisons in the context
of original investigations, including a failure to ma ke an objective assessment of the facts of the case,
contrary to Article 11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU"). The Panel's finding and related lega l interpretations were also contrary to
Articles 3.3, 4.2, 6.2, and 7.1 of the DSU.

1Panel Report, paras. 7.34 through 7.59, 7.90, 7.143, 7.161, 7.166, 7.170, 7.175, and 7.259(a).