1 – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Joint Request by the European Union and China for a Decision by the DSB
Date: 13 January 2011
Document codes: WT/DS397/6
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES
1 – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Joint Request by the European Union and China
for a Decision by the DSB

 The following communication, dated 10 January 2011, from the delegation of the European
Union and the delegation of China to the Chairm an of the Dispute Settlement Body (DSB), is
circulated at the request of those delegations.

 The People's Republic of China and the European Union would like to request that the
Dispute Settlement Body (DSB) adopt the enclosed draft decision with respect to the dispute
European Communities – Definitive Anti-Dumping Meas ures on Certain Iron or Steel Fasteners from
China (WT/DS397) at its meeting to be held on 25 January 2011. We consider that the decision would
provide greater flexibility in scheduling given the h eavy workload on the Appellate Body at this time.
Attached to the letter you will also find the text of the procedural agreement between the parties to the
dispute.

 We would be grateful if you could circulat e this request including its attachments to WTO
Members.

Draft decision of the DSB

 "The DSB agrees that, upon a request by the Pe ople's Republic of China or the European
Union, the DSB shall no later than 25 March 2011 , adopt the report of the panel in the dispute
European Communities – Definitive Anti-Dumping Meas ures on Certain Iron or Steel Fasteners from
China () unless (i) the DSB decides by consensus not to do so or (ii) the People's
Republic of China or the European Union notifies the DSB of its decision to appeal pursuant to
Article 16.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes."

1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty
establishing the European Community (done at Lisbon, 13 December 2007) entered into force. On
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and
the Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of
1 December 2009, the European Union replaces and succeeds the European Community.

Procedural Agreement between the People's Republic of China and the European Union

regarding the Time Period under Article 16.4 of the DSU

1. In order to take into account the current wo rkload of the Appellate Body, the above parties
agree that the 60-day time period in Article 16.4 of Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), as applicable to the above dispute, will be extended to
25 March 2011, and that a decision of the Dispute Settlement Body (DSB) on this extension will be
sought at the meeting of the DSB to be held on 25 January 2011.

2. The parties agree to this extension on the understanding that the rights of the parties to the
dispute with respect to adoption or appeal of the panel report (WT/DS397/R) are preserved, as if such
adoption or appeal had been requested within the 60-day time period specified in Article 16.4 of the
DSU.

3. Neither party will file a notice of appeal of the panel report before 22 March 2011, provided
the DSB decision set out in paragraph 1 is obtained.

4. Either party may present the report for adoption at the DSB meeting to be held on
25 March 2011, and such an action does not prejudice the right of this party to appeal or cross-appeal
the report in accordance with the DSU. If for any reason neither party files a notice of appeal on or
after 22 March 2011, the report shall be adopted at the DSB meeting to be held on 25 March 2011. If
a meeting of the DSB is not scheduled on 25 March 2011, a special meeting of the DSB shall be held
on 25 March 2011 upon the request of either party.

For the People's Republic of China

YI Xiaozhun
Ambassador
Permanent Representative of China
to the World Trade Organization
For the European Union

Angelos Pangratis
Ambassador
Permanent Representative of the European Union
to the World Trade Organization