dean22029/WTO_Docs huggingface dataset:
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES CONSTITUTION OF THE ARBITRATOR
Document: Note by the Secretariat
Date: 3 May 2016
Document codes: WT/DS381/34; WT/DS381/30
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
CONSTITUTION OF THE ARBITRATOR
Note by the Secretariat
1. At the meeting of the Dispute Settlement Bo dy (DSB) on 23 March 2016, the DSB took note
that the matter raised by the United States in document has been referred to
arbitration, as required by Article 22.6 of the DSU.

2. Article 22.6 of the DSU provides as follows:

When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unless the DSB decides by consensus to reject
the request. However, if the Member concerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining party has requested authorization to suspend
concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration shall be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the da te of expiry of the reasonable period of
time. Concessions or other obligations shall not be suspended during the course of the
arbitration.
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.
3. The chairperson of the original panel was not available for these proceedings. On
22 April 2016, Mexico requested the Director-General to appoint a replacement.

4. The following individuals will serve as the arbitrator:

 Chairperson: Mr Stéfan Jóhannesson

 Members: Ms Elizabeth Chelliah
 M r F r a n z P e r r e z
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS COMMUNICATION FROM BRAZIL
Document: COMMUNICATION FROM
Date: 3 May 2016
Document codes: WT/DS381/35
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
COMMUNICATION FROM BRAZIL
The following communication, dated 29 April 2016, was received from the delegation of Brazil with
the request that it be circulated to the Dispute Settlement Body (DSB).

At the DSB meeting held on 23 March 2016, Mexico sought recourse to Article 22.2 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") in the
dispute "United States – Measures Concerning the Importation, Marketing and Sale of Tuna and
Tuna Products" (DS381). At the same DSB meeting, the United States objected to the level of
suspension of concessions or other obligations proposed by Mexico and the matter was referred to
arbitration.

To the extent that these arbitral proceedings address any disagreement between the parties
concerning compliance, Brazil reserves its third party rights in these proceedings.

Brazil requests that you please circulate this letter to all Members.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES CONSTITUTION OF THE PANEL
Document: Note by the Secretariat
Date: 2 June 2016
Document codes: WT/DS381/37; WT/DS381/32.
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION,
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
CONSTITUTION OF THE PANEL
Note by the Secretariat
1. At its meeting on 9 May 2016, the Dispute Settlement Body (DSB) decided, in accordance
with Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), to refer to the original panel, if possible, the matter raised by the United States in
document

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

To examine, in the light of the relevant pr ovisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the United States 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. Due to the unavailability of the chairperson of the original panel, the parties agreed on a
replacement. The panel was composed on 27 May 2016 as follows:

 Chairperson: Mr Stéfan Jóhannesson

 Members: Ms Elizabeth Chelliah
 M r F r a n z P e r r e z

4. Australia, Brazil, Canada, China, Ecuador, the European Union, Guatemala, India, Japan,
Korea, New Zealand and Norway have reserved their rights to participate in the Panel proceedings
as third parties.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF MEXICO NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 11 July 2016
Document codes: WT/DS381/39; WT/DS381/38.; WT/DS381/38
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF MEXICO
NOTE BY THE SECRETARIAT
1. At its meeting on 22 June 2016, the Dispute Settlement Body (DSB) decided, in accordance
with Article 21.5 of the Dispute Settlement Understa nding (DSU), to refer to the original panel the
matter raised by Mexico in document

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 parties to the dispute, the matter referred to the DSB by Mexico 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. Due to the unavailability of the chairperson of the original panel, the parties agreed on a
replacement. The panel was composed on 11 July 2016 as follows:

 Chairperson: Mr Stefán Jóhannesson

 Members: Ms Elizabeth Chelliah
 M r F r a n z P e r r e z

4. Australia, Brazil, Canada, China, Ecuador, the European Union, Guatemala, Japan, the
Republic of Korea, New Zealand, and Norway have reserved their rights to participate in the Panel
proceedings as third parties.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 21 November 2016
Document codes: WT/DS381/40
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
COMMUNICATION FROM THE PANEL
The following communication, dated 18 November 2016, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circul ate its report within 90 days after the date of
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide
its report within this time frame , it shall inform the Dispute Settlement Body (DSB ) in writing of
the reasons together with an estimate of the period within which it will submit its report.

On 9 May 2016 , the DSB referred the dispute United States – Measures Concerning the
Importation, Marketing, and Sale of Tuna and Tuna Products, Rec ourse to Article 21.5 of the DSU
by the United States (WT/DS/381) to the original panel, if possible. The Panel was composed on
27 May 2016.1 Due to the unavailability of the chairperson of the original panel, the parties agreed
on Mr Stéfan Haukur Jóhannesson as chairperson.

 Due to the complexity of the issues in dispute, as well as the arbitration proceedings being
held in this matter under Article 22.6 of the DSU, i n which the panelists in these Article 21.5
proceedings are also serving, t he Panel expects to issue its final report to the parties by mid-May
2017.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 21 November 2016
Document codes: WT/DS381/41
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE PANEL
The following communication, dated 18 November 2016, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circulate its report within 90 days after the date of
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide
its report within this time frame , it shall inform the Dispute Settlement Body (DSB) in writing of
the reasons together with an estimate of the period within which it will submit its report.

On 22 June 2016, the DSB referred the dispute United States – Measures Concerning the
Importation, Marketing, and Sale of Tuna and Tuna Products, Second Recourse to Article 21.5 of
the DSU by Mexico (WT/DS/381) to the original panel, if possible. The Panel was composed on
11 July 2016.1 Due to the unavailability of the chairperson of the original panel, the parties agreed
on Mr Stéfan Haukur Jóhannesson as chairperson.

 Due to the complexity of the issues in dispute, as well as the arbitration proceedings being
held in this matter under Article 22.6 of the DSU, i n which the panelists in these Article 21.5
proceedings are also serving, the Panel expects to issue its final report to the parties by mid-May
2017.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 18 April 2017
Document codes: WT/DS381/42
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
COMMUNICATION FROM THE PANEL
The following communication, dated 13 April 2017, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circulate its report within 90 days after the date o f
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide
its report within this time frame , it shall inform the Dispute Settlement Body (DSB) in writing of
the reasons together with an estimate of the period within which it will submit its report.

On 9 May 2016 , the DSB referred the dispute United States – Measures Concerning the
Importation, Marketing, and Sale of Tuna and Tuna Products, Recours e to Article 21.5 of the DSU
by the United States (WT/DS/381) to the original panel, if possible. The Panel was composed on
27 May 2016.1 Due to the unavailability of the chairperson of the original panel, the parties agreed
on Mr Stéfan Haukur Jóhannesson as chairperson.

 On 18 November 2016, the Panel advised the DSB that it expected to issue its final report to
the parties by mid -May 2017. The Panel now wishes to advise that, due to the complexity of the
issues in dispute, it now expects to issue its final report to the parties by mid-July 2017.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 18 April 2017
Document codes: WT/DS381/43
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING, AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE PANEL
The following communication, dated 13 April 2017, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circulate its report within 90 days after the date o f
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide
its report within this time frame , it shall inform the Dispute Settlement Body (DSB) in wri ting of
the reasons together with an estimate of the period within which it will submit its report.

On 22 June 2016, the DSB referred the dispute United States – Measures Concerning the
Importation, Marketing, and Sale of Tuna and Tuna Products, Second Recourse to Article 21.5 of
the DSU by Mexico (WT/DS/381) to the original panel, if possible. The Panel was composed on 11
July 2016.1 Due to the unavailability of the chairperson of the original panel, the parties agreed on
Mr Stéfan Haukur Jóhannesson as chairperson.

 On 18 November 2016, the Panel advised the DSB that it expected to issue its final report
to the parties by mid-May 2017. The Panel now wishes to advise that, due to the complexity of the
issues in dispute, it now expects to issue its final report to the parties by mid-July 2017.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Document: OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Date: 22 November 2018
Document codes: WT/DS381/47
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 20 November 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I refer to my letter of 2 9 January 2018, setting out the reasons why the Appellate Body would not
be able to circulate its Report in these proceedings within the timeframe provided for in Article 17.5
of the DSU. We can now inform you that we expect to circulate the Appellate Body Report in this
appeal no later than Friday, 14 December 2018.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Document: OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Date: 18 December 2018
Document codes: WT/DS381/48
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 14 December 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

It is my honour to provide to you the Report of the Appellate Body in United States – Measures
Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Recourse to
Article 21.5 of the DSU by the United States and United States – Measures Concerning the
Importation, Marketing and Sale of Tuna and Tuna Products – Second Recourse to Article 21.5 of
the DSU by Mexico (, ). The Report will be circulated to
Members of the World Trade Organiza tion at approximately 5 p.m. today, and is confidential until
circulation. The three Members of the Appellate Body who served on this appeal were
Mr Thomas Graham and Ms Hong Zhao, as Members, and myself, as Presiding Member of the
Division.
UNITED STATES - MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS APPELLATE BODY REPORT AND PANEL REPORTS PURSUANT TO ARTICLE 21.5 OF THE DSU
Document: Action by the Dispute Settlement Body
Date: 14 January 2019
Document codes: WT/DS381/49; WT/DS381/AB/RW/USA; WT/DS381/AB/RW/USA/Add.1; WT/DS381/AB/RW2; WT/DS381/AB/RW2/Add.1; WT/DS381/RW/USA; WT/DS381/RW/USA/Add.1; WT/DS381/RW2; WT/DS381/RW2/Add.1
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES - MEASURES CONCERNING THE IMPORTATION,
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
APPELLATE BODY REPORT AND PANEL REPORTS PURSUANT TO ARTICLE 21.5 OF THE DSU
Action by the Dispute Settlement Body
At its meeting on 11 January 2019, the Dispute Settlement Body adopted the Appellate Body report on United
States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products : Recourse to
Article 21.5 of t he DSU by the United States and Second Recourse to Article 21.5 of the DSU by Mexico
( and , and
) and the Panel report s ( and ,
 and ), as upheld by the Appellate Body report. The Panel reports should
be read in conjunction with the Appellate Body report.

ÉTATS-UNIS - MESURES CONCERNANT L'IMPORTATION, LA COMMERCIALISATION
RAPPORT DE L'ORGANE D'APPEL ET RAPPORTS DES GROUPES SPÉCIAUX
CONFORMÉMENT À L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD
À sa réunion du 11 janvier 2019, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel
sur l'affaire États-Unis - Mesures concernant l'importation, la commercialisation et la vente de thon et de produits
( et , et B/RW2/Add.1)
et les rapports des Groupes spéciaux ( et WT/DS38 1/RW/USA/Add.1,
doivent être lus conjointement avec le rapport de l'Organe d'appel.

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN, COMERCIALIZACIÓN
Y VENTA DE ATÚN Y PRODUCTOS DE ATÚN
INFORME DEL ÓRGANO DE APELACIÓN E INFORMES DE LOS GRUPOS ESPECIALES
Actuación del Órgano de Solución de Diferencias
En su reunión de 11 de enero de 2019, el Órgano de Solución de Diferencias adoptó el informe del Órgano de
Apelación sobre el asunto Estados Unidos - Medidas relativas a la importación, comercialización y venta de atún
y productos de atún (Recurso de los Estados Unidos al párrafo 5 del artículo 21 del ESD y Segundo recurso de
México al párrafo 5 del artículo 21 del ESD (WT/DS381/AB/RW/USA y WT/DS381/AB/RW/USA/Add.1,
WT/DS381/AB/RW2 y WT/DS381/AB/RW2/Add.1) y los informes de los Grupos Especiales (WT/DS381/RW/USA
Apelación.
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Document: Action by the Dispute Settlement Body Revision
Date: 17 January 2019
Document codes: WT/DS381/49/Rev.1; WT/DS381/AB/RW/USA; WT/DS381/AB/RW/USA/Add.1; WT/DS381/RW/USA; WT/DS381/RW/USA/Add.1
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA
AND TUNA PRODUCTS
APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Action by the Dispute Settlement Body
Revision
At its meeting on 11 January 2019, the Dispute Settlement Body adopted the Appellate Body report on United
States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products: Recourse to
Article 21.5 of the DSU by the United States ( and ) and
the Panel report ( and ), as upheld by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

ÉTATS-UNIS – MESURES CONCERNANT L'IMPORTATION, LA COMMERCIALISATION
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL
CONFORMÉMENT À L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD
Révision
À sa réunion du 11 janvier 2019, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel
sur l'affaire États-Unis – Mesures concernant l'importation, la commercialisation et la vente de thon et de produits
être lu conjointement avec le rapport de l'Organe d'appel.

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN, COMERCIALIZACIÓN
Y VENTA DE ATÚN Y PRODUCTOS DE ATÚN
Actuación del Órgano de Solución de Diferencias
Revisión
En su reunión de 11 de enero de 2019, el Órgano de Solución de Diferencias adoptó el informe del Órgano de
Apelación sobre el asunto Estados Unidos - Medidas relativas a la importación, comercialización y venta de atún
y productos de atún: Recurso de los Estados Unidos al párrafo 5 del artículo 21 del ESD (WT/DS381/AB/RW/USA
y WT/DS381/AB/RW/USA/Add.1) y el informe del Grupo Especial (WT/DS381/RW/USA y
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO REPORT OF THE PANEL
Document: Corrigendum In the last sentence of paragraph 7.510, please delete the words "as a whole". ÉTATS-UNIS – MESURES CONCERNANT L'IMPORTATION, LA COMMERCIALISATION ET LA VENTE DE THON ET DE PRODUITS DU THON RECOURS DU MEXIQUE À L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD SUR LE RÈGLEMENT DES DIFFÉRENDS RAPPORT DU GROUPE SPÉCIAL Corrigendum Dans la dernière phrase du paragraphe 7.510, il  convient de supprimer l'expression "dans son ensemble". ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN, COMERCIALIZACIÓN Y VENTA DE ATÚN
Date: 22 April 2015
Document codes: WT/DS381/RW/Corr.1
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
REPORT OF THE PANEL
Corrigendum
In the last sentence of paragraph 7.510, please delete the words "as a whole".

VENTE DE THON
RAPPORT DU GROUPE SPÉCIAL
Corrigendum
ensemble".

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN,
COMERCIALIZACIÓN Y VENTA DE ATÚN
Y PRODUCTOS DE ATÚN
INFORME DEL GRUPO ESPECIAL
Corrigendum
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO REQUEST FOR CONSULTATIONS
Document: Corrigendum The date in the second sentence of the third paragraph in document WT/DS381/36, should read "17 September 2012" instead of "17 September 2013". ÉTATS-UNIS – MESURES CONCERNANT L'IMPORTATION, LA COMMERCIALISATION ET LA VENTE DE THON ET DE PRODUITS DU THON DEUXIÈME RECOURS DU MEXIQUE À L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD SUR LE RÈGLEMENT DES DIFFÉRENDS DEMANDE DE CONSULTATIONS Corrigendum La date indiquée dans la deuxième phrase du troisième paragraphe du document WT/DS381/36 doit se lire "17 septembre 2012" au lieu de "17 septembre 2013". ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN,
Date: 19 May 2016
Document codes: WT/DS381/36/Corr.1; WT/DS381/36; WT/DS381/36
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
REQUEST FOR CONSULTATIONS
Corrigendum
The date in the second sentence of the third paragraph in document , should read
"17 September 2012" instead of "17 September 2013".

ÉTATS-UNIS – MESURES CONCERNANT L'IMPORTATION, LA
COMMERCIALISATION ET LA VENTE DE THON
DEUXIÈME RECOURS DU MEXIQUE À L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD
DEMANDE DE CONSULTATIONS
Corrigendum
doit se lire "17 septembre 2012" au lieu de "17 septembre 2013".

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN,
COMERCIALIZACIÓN Y VENTA DE ATÚN
Y PRODUCTOS DE ATÚN
SOLICITUD DE CELEBRACIÓN DE CONSULTAS
Corrigendum
"17 de septiembre de 2012" en lugar de "17 de septiembre de 2013".
UNITED STATES - MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 15 June 2012
Document codes: WT/DS381/15; WT/DS381/AB/R; WT/DS381/R
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES - MEASURES CONCERNING THE IMPORTATION,
MARKETING AND SALE OF TUNA AND TUNA PRODUCTS

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 13 June 2012, the Dispute Settlement Body adopted the Appellate Body
report on United States - Measures Concerning the Im portation, Marketing and Sale of Tuna and
Tuna Products () 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 - MESURES CONCERNANT L'IMPORTATION,

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

 À sa réunion du 13 juin 2012, l'Organe de rè glement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire États-Unis - Mesures concernant l'im portation, la commercialisation et
spécial doit être lu conjointement avec celui de l'Organe d'appel.

ESTADOS UNIDOS - MEDIDAS RELATIVAS A LA IMPORTACIÓN,
COMERCIALIZACIÓN Y VENTA DE ATÚN
Y PRODUCTOS DE ATÚN

Actuación del Órgano de Solución de Diferencias

 En su reunión de 13 de junio de 2012, el Órgano de Solución de Diferencias adoptó el
importación, comercialización y venta de atún y productos de atún () y el informe
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Document: RECOURSE TO ARTICLE 22.6
Date: 22 March 2016
Document codes: WT/DS381/30
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
The following communication, dated 22 March 2016, from the delegation of the United States to
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

Regarding Mexico's recourse to Article 22.2 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU") in the dispute United States – Measures Concerning
the Importation, Marketing and Sale of Tuna and Tuna Products (DS381), my authorities have
instructed me to inform you that, pursuant to Article 22.6 of the DSU, the United States objects to
the level of suspension of concessions or other obligations under the General Agreement on Tariffs
and Trade 1994 proposed by Mexico in document
1

Accordingly, as required by Article 22.6 of the DSU2 the matter has been referred to arbitration
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Request to Join Consultations Communication from Japan
Date: 12 December 2008
Document codes: WT/DS382/2; WT/DS382/1; G/L/872; G/ADP/D75/1
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE
FROM BRAZIL

Request to Join Consultations

Communication from Japan

 The following communication, dated 10 Decemb er 2008, from the delegation of Japan to the
delegation of the United States, the delegation of Brazil and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 With reference to the consultations requested by Brazil in a communication circulated to
WTO Members on 1 December 2008 in document , , titled
"United States – Anti-Dumping Administrative Review s and Other Measures Relating to Imports of
Certain Orange Juice from Brazil", my authorities instruct me to notify the consulting Members and
the Dispute Settlement Body of the desire of Japan to be joined in these c onsultations, pursuant to
paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes.

 Japan has a substantial trade interest in th ese consultations. They concern the use by the
United States of the "zeroing" methodology the meas ures Japan has challenged in the ongoing dispute
"United States – Measures Relating to Zeroing and Sunset Reviews "(DS322). The measures at issue
in these consultations appear to relate to the imports of "orange juice", products of which Japan is also
an exporter to the United States.
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Request to Join Consultations Communication from Japan
Date: 9 June 2009
Document codes: WT/DS382/3; WT/DS382/1/Add.1; G/L/872/Add.1; G/ADP/D75/1/Add.1
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE
FROM BRAZIL

Request to Join Consultations

Communication from Japan

 The following communication, dated 5 June 2009, from the delegation of Japan to the
delegation of the United States, the delegation of Brazil and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 With reference to the consultations requested by Brazil in a communication circulated to
WTO Members on 27 May 2009 in document , ,
 titled "" , my authorities instruct me to
notify the consulting Members and the Dispute Settlement Body of the desire of Japan to be joined in
these consultations, pursuant to paragraph 11 of Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

 Japan has a substantial trade interest in these consultations. The measures at issue appear to
be related to the imports of "orange juice", produc ts which Japan exports to the United States. These
consultations also concern the continued use by th e United States of the "zeroing" procedures in its
antidumping proceedings which Japan has challenged in the dispute "United – Measures Relating to
Zeroing and Sunset Reviews" (DS322) and must be brought into conformity with the Antidumping
Agreement and the GATT 1994, as required by the DSB recommendations and rulings in that dispute.
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Constitution of the Panel Established at the Request of Brazil Note by the Secretariat
Date: 12 May 2010
Document codes: WT/DS382/5; WT/DS382/4
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND
OTHER MEASURES RELATED TO IMPORTS OF CERTAIN
ORANGE JUICE FROM BRAZIL

Constitution of the Panel Established at the Request of Brazil

Note by the Secretariat

1. At its meeting on 25 September 2009, the Di spute Settlement Body ("DSB") established a
panel pursuant to the request of Brazil in documen t , in accordance with Article 6 of the
Understanding on Rules and Procedures Govern ing the Settlement of Disputes ("DSU").
(WT/DSB/M/274.)

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 parties to the dispute, the matter referred to the DSB by Brazil 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 29 April 2010, Brazil 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 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 10 May 2010, the Director-General acco rdingly composed the Panel as follows:

 Chairman: Mr. Miguel Rodriguez Mendoza

 Members: Mr. Pierre S. Pettigrew
 Mr. Reuben Pessah

5. Argentina; the European Uni on; Japan; Korea; Mexico; the Separate Customs Territory of
Taiwan, Penghu, Kinmen and Matsu; and Thailand have reserved their rights to participate in the
Panel proceedings as third parties.
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Communication from the Chairman of the Panel
Date: 21 July 2010
Document codes: WT/DS382/6
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND
OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE
JUICE FROM BRAZIL

Communication from the Chairman of the Panel

 The following communication, dated 19 July 2 010, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated pursuan t to 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 United States– Anti-Dumping Administ rative Reviews and Other Measures
Related to Imports of Certain Orange Juice from Brazil (DS382) was established by the DSB on
25 September 2009 and composed on 10 May 2010.

 It will not, however, be possible for the Panel to complete its work in six months in light of
scheduling conflicts.

 The Panel expects to complete its work in February 2011.
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Joint Request by Brazil and the United States for a Decision by the DSB
Date: 11 April 2011
Document codes: WT/DS382/7
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE
FROM BRAZIL

Joint Request by Brazil and the United States

for a Decision by the DSB

 The following communication, dated 8 Apr il 2011, from the delegation of Brazil and the
delegation of the United States to the Chairper son of the Dispute Settlement Body (DSB), is
circulated at the request of those delegations.

Brazil and the United States of America would like to request that the Dispute Settlement
Body (DSB) adopt the draft decision attached to this letter with respect to the dispute United States -
Anti-Dumping Administrative Reviews and Other Meas ures Related to Imports of Certain Orange
Juice from Brazil (WT/DS382). We consider that the draft DSB decision, if adopted, would provide
greater flexibility in scheduling any possible appeal.

We respectfully request that you circulate this request to Members of the DSB.

Flávio S. Damico
Minister Counsellor
Permanent Mission of Brazil to the WTO

Juan A. Millán
Senior Legal Advisor
Permanent Mission of the United States
to the WTO

Draft decision of the DSB:

The DSB agrees that, upon a request by Brazil or the United States of America, the DSB shall
no later than 17 June 2011 adopt the report of the panel in the dispute United States - Anti-Dumping
Administrative Reviews and Other Measures Related to Imports of Certain Orange Juice from Brazil
(WT/DS382) unless (i) the DSB decides by consensus not to do so or (ii) either party to the dispute
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.
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Agreement under Article 21.3(b) of the DSU
Date: 21 June 2011
Document codes: WT/DS382/9
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE
FROM BRAZIL

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 17 June 2011, from the delegation of Brazil and the
delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, Brazil and the United States have agreed that the
reasonable period of time for the United States to implement the recommendations and rulings of the
Dispute Settlement Body ("DSB") in the dispute United States – Anti-Dumping Administrative
Reviews and Other Measures Related to Impor ts of Certain Orange Juice from Brazil (DS382) shall
be 9 months from the 17 June 2011 date of adop tion of the DSB recommendations and rulings.
Accordingly, the reasonable period of time expires on 17 March 2012.

 We request that you circulate this notification to the Members of the DSB.

For Brazil

H.E. Mr Roberto Carvalho de Azevêdo
Ambassador
 For the United States of America

H.E. Mr Michael Punke
Ambassador
UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE FROM BRAZIL
Document: Status Report by the United States
Date: 9 December 2011
Document codes: WT/DS382/10
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, EU, Japan, South Korea, Mexico, Taiwan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4.2, 2.4, 2  Anti-dumpingArt. VI:1, VI:2, II:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade OrganizationArt. 9.3  Anti-dumping

UNITED STATES – ANTI-DUMPING ADMINISTRATIVE REVIEWS AND OTHER
MEASURES RELATED TO IMPORTS OF CERTAIN ORANGE JUICE
FROM BRAZIL

Status Report by the United States

 The following communication, dated 8 December 2011, from the delegation of the
United States to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States –Anti-Dumping Administrative Reviews and Other Measures Related to
Imports of Certain Orange Juice from Brazil
(WT/DS382)

The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

On 17 June 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States –Anti-Dumping Administrative Reviews and Other Measures Related to
Imports of Certain Orange Juice from Brazil (WT/DS382). At that DSB meeting, the United States
informed the DSB of its intention to implement the recommendations and rulings of the DSB in
connection with this matter. The United States and Brazil agreed that the reasonable period of time
for the United States to implement the recommend ations and rulings of the DSB would end on
17 March 2012.

On 28 December 2010, in part in response to th e findings in other disputes with respect to
administrative reviews, the US Department of Commerce announced a proposal to change the
methodology for calculating weighted average du mping margins and assessment rates in certain
antidumping proceedings, including administrative reviews. The Department proposes to compare
monthly weighted average export prices with monthl y weighted average normal values, and to grant
an offset for comparisons that show an export price that exceeds normal value in the calculation of the
weighted average margin of dumping and assessment rate.

The proposal has been published in the Federal Register, 75 FR 81533 (28 Dec. 2010). Under
US law, there is a period for public comment on this proposal and for consulta tions with appropriate
committees in the US Congress.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.