INDONESIA – SAFEGUARD ON CERTAIN IRON OR STEEL PRODUCTS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUESTS OF THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU AND VIET NAM NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 11 December 2015
Document codes: WT/DS490/3; WT/DS496/4; WT/DS490/2.1; WT/DS496/3.
Complainant: Taiwan
Respondent: Indonesia
Third parties: Australia, China, EU, India, Japan, Russia, Ukraine, Vietnam, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. XIX:1  GATT 1994Art. 3.1, 2.1, 4.2(a), 4.2(c), 4.2(b)  SafeguardsArt. I:1  GATT 1994Art. 12.2  SafeguardsArt. XIX:2  GATT 1994Art. 12.3  Safeguards

INDONESIA – SAFEGUARD ON CERTAIN IRON OR STEEL PRODUCTS
CONSTITUTION OF THE PANEL ESTABLISHED
AT THE REQUESTS OF THE SEPARATE CUSTOMS TERRITORY
OF TAIWAN, PENGHU, KINMEN AND MATSU AND VIET NAM
NOTE BY THE SECRETARIAT
1. At its meeting on 28 September 2015, the Dispute Settlement Body (DSB) established a
panel pursuant to the request of the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu in document At its meeting on 28 October 2015, the DSB established a panel
pursuant to the request of Viet Nam in document In accordance with Article 9.1 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the
panel established at the meeting of 28 Septem ber 2015 in WT/DS490 will also examine the
dispute in WT/DS496.
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 disputes, the matter referred to the DSB by the Separate Customs
Territory of Taiwan, Penghu, Kinmen and Matsu in document and
Viet Nam 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 1 December 2015, the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu and Viet Nam requested the Director-General to determine the composition of the panel,
pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB sh all 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 9 December 2015, the Director-General accordingly composed the Panel as follows:

 Chairperson: Ms Luz Elena Reyes de la Torre

 Members: Mr José Pérez Gabilondo
 Mr Guillermo Valles

1 See WT/DSB/M/368.
WT/DS490/3 • WT/DS496/4

5. Australia; Chile; China; European Union; India; Japan; Korea; Russian Federation; the
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu [in respect of WT/DS496];
Ukraine; United States and Viet Nam [in respect of WT/DS490] have reserved their rights to
participate in the Panel proceedings as third parties.