UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR CALCULATING DUMPING MARGINS ("ZEROING")
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 8 September 2010
Document codes: WT/DS294/39
Complainant: EU
Respondent: U.S.
Third parties: Argentina, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea, Mexico, Norway, Thailand, Turkey
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2.1, 2.4, 5.8, 9.1, 9.3, 9.5, 11  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 3  Anti-dumping

UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR
CALCULATING DUMPING MARGINS ("ZEROING")

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication has been receive d, on 8 September 2010, from the Chairman of
the Arbitrator, with the request that it be circulated to the DSB.

 The European Union and the United States have jo intly requested the Arbitrator to suspend its
work, in the context of informal discussions with respect to implementation (see the request attached).

 On the basis of this request, the Arbitr ator has decided to suspend its work.

 The suspension can be terminated at any time at the written request of either Party. The
suspension will be limited to 12 months less one da y, and absent any contrary written communication
from the European Union within th at period, the suspension will be automatically terminated and the
work of the Arbitrator will resume on the date th at is 12 months less one day from the date of
suspension.

 The last date at which the "contrary wr itten communication" from the European Union
referred to above may be received by the Arbitrator is 7 September 2011.

 In the event that no such "contrary written communication" or written request for resumption
from either party has been received by the Arbitrator by 7 September 2011, it will circulate its
Decision on 15 September 2011.

ATTACHMENT

Mr. Felipe Jaramillo
Chairman of the Arbitration Panel/Arbitrator
1
United States – Laws, Regulations and Methodology
for Calculating Dumping Margins (“Zeroing”) - Recourse
to Article 22.6 of the DSU by the United States (DS294)

Centre William Rappard
Rue de Lausanne 154
1211 Geneva 21

Tuesday, 7 September 2010

 The United States and the European Union (the "Parties") wish to thank you and the other
Members of the Arbitration Panel/Arbitrator for be ing available to serve in the above-referenced
proceeding.

 The United States would like to inform the Arbitrator/Arbitration Panel that it has sought
informal discussions with the European Union with respect to implementation. In that context, the
United States respectfully requests the Arbitrator/Arb itration Panel to suspend its work. In light of
that, and having regard to Article 12.12 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU)
2, the European Union joins the Un ited States in making such request,
subject to the following conditions.

 The Parties hereby agree the following matters, to be incorporated expressly or by reference
in any decision by the Arbitration Panel/Arbitrator to suspend:

• the suspension can be terminated at any time at the written request of either Party;
• the suspension will be limited to 12 months less one day, and absent any contrary
written communication from the European Uni on within that period, the suspension
will be automatically terminated and the work of the Arbitration Panel/Arbitrator will
resume on the date that is 12 months less one day from the date of suspension;
• the suspension is without prejudice to any of the Parties' claims and arguments in
these dispute settlement proceedings, including the question of whether or not
nullification or impairment dur ing any period of suspension is to be accounted for in
the suspension of concessions or other obligations; and

1 The Parties recall that they have different views co ncerning what is the correct terminology to use in
these proceedings, but are resolved that this joint letter should not imply that either Party relinquishes its
position of principle with respect to that matter.
2 The European Union recognizes that the Parties may have different views on whether Article 12.12 of
the DSU applies or applies by analogy in these proceedings, or whether the Arbitration Panel/Arbitrator has an
implied or inherent power to suspend, and that the Parties are resolved that this joint letter should not imply that
either Party relinquishes its position of principle with respect to that matter.

• suspension will not otherwise affect the right s and obligations of either Party under
the Marrakesh Agreement Establishing the World Trade Organization or in these
dispute settlement proceedings.
For the United States

Michael Punke
Ambassador
For the European Union

John Clarke
Chargé d'Affaires a.i.