dean22029/WTO_Docs huggingface dataset:
UNITED STATES - IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Constitution of the Panel Established at the Requests of Malaysia, Thailand, Pakistan and India Note by the Secretariat
Date: 17 April 1997
Document codes: WT/DS58/9; WT/DS58/6.; WT/DS58/7.
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES - IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Constitution of the Panel Established at the Requests of
Malaysia, Thailand, Pakistan and India
Note by the Secretariat
1. At its meeting on 25 February 1997, the Dispute Settlement Body (DSB) established a Panel
in accordance with the request made by Malaysia and Thailand in document At the same
meeting, the DSB established a Panel in accordance with the request made by Pakistan in document
 It also agreed that the two Panels would be consolidated in a single Panel, pursuant to
Article 9.1 of the DSU with standard terms of reference (WT/DSB/M/29).
2. At its meeting on 10 April 1997, the DSB established a Panel in accordance with the request
made by India in document The DSB also agreed that this Panel would be consolidated
with the Panel already established at the request of Malaysia, Thailand, Pakistan on 25 February 1997.
3. The parties to the dispute agreed that the Panel should have standard terms of reference:
"To examine, in the light of the relevant provisions of the covered agreements cited byMalaysia
and Thailand in document , Pakistan in document and India in document
, the matter referred to the DSB by Malaysia, Thailand, Pakistan and India in these
documents and to make such findings as will assist the DSB in making the recommendations
or in giving the rulings provided for in those agreements".
4. On 15 April 1997, the parties to the dispute agreed on the following composition of the Panel:
Chairman: Mr. Michael Cartland
Members: Mr. Carlos Cozendey
Mr. Kilian Delbrück
5. As of 15 April 1997, Australia, Colombia, Costa Rica, Ecuador, El Salvador, the European
Communities, Guatemala, Hong Kong, Japan, Mexico, Nigeria, the Philippines, Senegal, Singapore,
Sri Lanka and Venezuela had reserved their third-party rights to participate in the panel proceedings.
UNITED STATES - IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Original: English UNITED STATES - IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS Communication from the Chairman of the Panel
Date: 22 September 1997
Document codes: WT/DS58/10
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES - IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Communication from the Chairman of the Panel
The following communication, dated 17 September 1997, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date the composition and terms of reference of the panel have been agreed upon
until the date the final report is issued to the parties shall, as a general rule, not exceed six months.
Pursuant to Article 12.9 of the DSU, when a panel 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 “ ”
was established by the DSB on 25 February 1997, and parties agreed on its composition and terms
of reference on 15 April 1997. I wish to inform you that the Panel has not been able to complete its
work within the six months provided for in the DSU. The complexity of the matter and the need to
seek technical and scientific expertise pursuant to Article 13 of the DSU are responsible for this delay.
The Panel would intend to finalize its work by the end of March 1998.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Notification of an Appeal by the United States under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 13 July 1998
Document codes: WT/DS58/11
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Notification of an Appeal by the United States under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 13 July 1998, sent by the United States to the Dispute
Settlement Body (DSB), is circulated to Members. This notification also constitutes the Notice of
Appeal, filed on the same day with the Appellate Body, pursuant to the Working Procedures for
Appellate Review.
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Rule 20 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 panel report on United States - Import Prohibition of Certain Shrimp and Shrimp
Products and certain legal interpretations developed by the panel.
The United States seeks review by the Appellate Body of the panel's finding that the
United States measure at issue is not within the scope of measures permitted under the introductory
sentence ("chapeau") of Article XX. This finding is in error, and is based on erroneous findings on
issues of law and on related legal interpretations with respect to the interpretation and application of
the Article XX chapeau.
The United States also seeks review by the Appellate Body of the panel's procedural finding
that accepting non-requested information from non-g overnmental sources is incompatible with the
provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Communication from the Appellate Body
Date: 9 September 1998
Document codes: WT/DS58/12
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Communication from the Appellate Body
The following communication, dated 9 September 1998, 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.
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 after the appellant has formally notified 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 wr iting of the reasons for the delay together with an
estimate of the period within which it will submit its report.
The United States notified the Dispute Settlement Body of its decision to appeal certain issues
of law covered in the Panel Report and legal interpretations developed by the Panel on 13 July 1998,
with the result that the 60-day period will expire on Monday, 14 September 1998. Due to the time
required for finalization and translation of the Report, the Appellate Body will not be able to circulate
its Report by 14 September 1998. We estimate that the Appellate Body Report in this appeal will be
circulated to WTO Members by 12 October 1998.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Communication from the Appellate Body
Date: 12 October 1998
Document codes: WT/DS58/13; WT/DS58/AB/R.
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Communication from the Appellate Body
The following communication, dated 12 October 1998, from Mr. Christopher Beeby, 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 transmit to you the Report of the Appellate Body in United States – Import
Prohibition of Certain Sh rimp and Shrimp Products , It will be circulated today to
Members of the in accordance with paragraph 5 of Article 17 of the
Understanding on Rules and Procedures Go verning the Settlement of Disputes . The three Members
of the Appellate Body who served on this appe al were Mr. Florentino Feliciano, as Presiding
Member; Mr. Julio Lacarte-Muró and Mr. James Bacchus, as Members.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse by Malaysia to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 8 November 2000
Document codes: WT/DS58/18; WT/DS58/17.; WT/DS58/17
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse by Malaysia to Article 21.5 of the DSU
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 23 October 2000, the Disp ute Settlement Body (DSB) decided, in
accordance with Article 21.5 of the DSU, to refer to the original panel the matter raised by Malaysia
in document
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
“To examine, in the light of the relevant provisions of the covered agreements cited
by Malaysia in document , the matter referred to the DSB by Malaysia
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. The Panel is composed as follows:
Chairperson: Mr. Michael Cartland
Members: Mr. Carlos Cozendey
Mr. Kilian Delbrück
4. Australia, Canada, Ecuador, the European Communities, Hong Kong, China, India, Japan,
Mexico, Pakistan and Thailand have reserved their third-party rights.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse by Malaysia to Article 21.5 of the DSU Communication from the Chairman of the Panel
Date: 15 February 2001
Document codes: WT/DS58/19
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse by Malaysia to Article 21.5 of the DSU
Communication from the Chairman of the Panel
The following communication, dated 13 February 2001, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 21.5 of the DSU.
Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that a panel called to review the existence or consistency with a covered
agreement of measures taken to comply with recommendations and rulings of the Dispute Settlement
Body (DSB) shall circulate its report within 90 days after the date of referral of the matter to it. When
the Panel considers that it cannot provide its report within this time frame, 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 matter was referred to the Panel on " – Recourse by Malaysia to Article 21.5 of the DSU" (WT/DS58) at the
DSB meeting of 23 October 2000. Due to administrative constraints, the Panel is not able to issue its
report within 90 days.
The Panel expects to issue its final report to the parties during the second half of the month of
March 2001.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse to Article 21.5 of the DSU by Malaysia Notification of an Appeal by Malaysia under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 23 July 2001
Document codes: WT/DS58/20
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse to Article 21.5 of the DSU by Malaysia
Notification of an Appeal by Malaysia
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
The following communication, dated 23 July 2001, sent by Malaysia to the Dispute
Settlement Body (DSB), is circulated to Members. This notification also constitutes the Notice of
Appeal, filed on the same day with th e Appellate Body, pursuant to the Working Procedures for
Appellate Review.
Pursuant to Article 16.4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Rule 20 of the Working Procedures for Appellate Review ,
Malaysia hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in
the Panel Report on –
Recourse to Article 21.5 by Malaysia () and certain legal interpretations developed by
the Panel.
Malaysia seeks review by the Appellate Body of the Panel's finding that the United States
measure at issue does not constitute unjustifiable or arbitrary discrimination between countries where
the same conditions prevail and that it is therefore within the scope of measures permitted under
Article XX of the GATT 1994 as long as the conditions stated in the findings of the Panel Report, in
particular the ongoing serious good faith efforts to reach a multilateral agreement, remain satisfied.
This finding is in error, and is based on erroneous findings on issues of law and on related
interpretations with respect to the interpretation and application of the Article XX chapeau.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse to Article 21.5 of the DSU by Malaysia Communication from the Appellate Body
Date: 19 September 2001
Document codes: WT/DS58/21
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse to Article 21.5 of the DSU by Malaysia
Communication from the Appellate Body
The following communication, dated 19 September 2001, 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.
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 after the appellant has formally notified the Dispute
Settlement Body 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.
Malaysia notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in this case on
23 July 2001, with the result that the 60-day period will expire on Friday, 21 September 2001. The
Appellate Body will not be able to circulate its Report by Friday, 21 September 2001. We estimate
that the Appellate Body Report in this appeal will be circulated to WTO Members no later than
Monday, 22 October 2001.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Recourse to Article 21.5 of the DSU by Malaysia Communication from the Appellate Body
Date: 22 October 2001
Document codes: WT/DS58/22; WT/DS58/AB/RW.
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse to Article 21.5 of the DSU by Malaysia
Communication from the Appellate Body
The following communication, dated 22 Octobe r 2001, from Mr. Claus-Dieter Ehlermann,
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 transmit to you the Report of the Appellate Body in , Recourse to Article 21.5 of the DSU by
Malaysia, It will be circulated to Members of the
today, in accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes . It is a confidential document until its circulation. The three
Members of the Appellate Body who served on this appeal were: Mr. James Bacchus, as
Presiding Member; Mr. Mr. A.V. Ganesan and Mr. Julio Lacarte-Muró, as Members.
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 9 April 1999
Document codes: WT/DS58/14; WT/DS58/AB/R; WT/DS58/R
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF
CERTAIN SHRIMP AND SHRIMP PRODUCTS
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 6 November 1998, the Dispute Settlement Body adopted the Appellate
Body report on ""
() and the panel report (), as modified by the Appellate Body report. The
panel report should read in conjunction with the Appellate Body report.
ÉTATS-UNIS – PROHIBITION À L'IMPORTATION DE CERTAINES
CREVETTES ET DE CERTAINS PRODUITS À BASE
DE CREVETTES
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 6 novembre 1998, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis - Prohibition à l'importation de certaines crevettes et de certains
produits à base de crevettes" () et le rapport du Groupe spécial () modifié
par le rapport de l'Organe d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe
d'appel.
ESTADOS UNIDOS – PROHIBICIÓN DE LAS IMPORTACIONES
DE DETERMINADOS CAMARONES Y PRODUCTOS
DEL CAMARÓN
Actuación del Órgano de Solución de Diferencias
En su reunión de 6 de noviembre de 1998, el Órgano de Solución de Diferencias adoptó el
informe del Órgano de Apelación titulado "Estados Unidos – Prohibición de las importaciones de
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP AND SHRIMP PRODUCTS
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body On 21 November 2001, the Dispute Settlement Body adopted the Appellate Body Report on " United States – Import Prohibition of Certai n Shrimp and Shrimp Products:  Recourse to Article 21.5 of the DSU by Malaysia" (WT/DS58/AB/RW) and the Panel Report (WT/DS58/RW), as upheld by the Appellate Body Report. The Panel Report should be read in conjunction with the Appellate Body Report. ÉTATS-UNIS - PROHIBITION À L'IMPORTATION DE CERTAINES CREVETTES ET DE CERTAINS PRODUITS À BASE DE CREVETTES Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum d'accord sur le règlement des différends Dispositions prises par l'Organe de règlement des différends Le 21 novembre 2001, l'Organe de règlement des différ ends a adopté le rapport de l'Organe d'appel sur l'affaire " États-Unis - Prohibition à l'importation de certaines crevettes et de certains produits à base de crevettes:  Recours de la Malaisie à l'article 21:5 du Mémorandum d'acco rd sur le règlement des différends" (WT/DS58/AB/RW) et le rapport du Groupe spécial (WT/DS58/RW) confirmé par le rapport de l'Organe
Date: 26 November 2001
Document codes: WT/DS58/23; WT/DS58/AB/RW; WT/DS58/RW
Complainant: India, Malaysia, Pakistan, Thailand
Respondent: U.S.
Third parties: Australia, Canada, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Hong Kong, Japan, Mexico, Nigeria, Philippines, Senegal, Singapore, Sri Lanka, Venezuela, Pakistan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. I, XI, XIII, XX  GATT 1994

UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
On 21 November 2001, the Dispute Settlement Body adopted the Appellate Body Report on " United
States – Import Prohibition of Certai n Shrimp and Shrimp Products: Recourse to Article 21.5 of the DSU by
Malaysia" () and the Panel Report (), as upheld by the Appellate Body Report.
The Panel Report should be read in conjunction with the Appellate Body Report.
ÉTATS-UNIS - PROHIBITION À L'IMPORTATION DE CERTAINES CREVETTES
ET DE CERTAINS PRODUITS À BASE DE CREVETTES
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5
l'affaire " États-Unis - Prohibition à l'importation de certaines crevettes et de certains produits à base de
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
ESTADOS UNIDOS - PROHIBICIÓN DE LAS IMPORTACIONES DE
DETERMINADOS CAMARONES Y PRODUCTOS DEL CAMARÓN
Actuación del Órgano de Solución de Diferencias
Apelación titulado "Estados Unidos - Prohibición de las importaciones de determinados camarones y productos
INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Document: Original: English INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY Request to Join Consultations Communication from Japan
Date: 28 October 1996
Document codes: WT/DS59/2
Complainant: U.S.
Respondent: Indonesia
Third parties: India, South Korea
Dispute stage: Panel
Agreements cited: Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3, 20, 65  Intellectual Property (TRIPS)Art. I:1, III:2  GATT 1994Art. 1, 2, 6  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 27, 28.2  Subsidies and Countervailing Measures (SCM)Art. III:7  GATT 1994

INDONESIA - CERTAIN MEASURES AFFECTING
THE AUTOMOBILE INDUSTRY
Request to Join Consultations
Communication from Japan
The following communication, dated 17 October 1996, from the Permanent Mission of Japan
to the Permanent Mission of Indonesia, the Permanent Mission of the United States and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Japan hereby notifies the Government of Indonesia that,
in light of the substantial trade interest of Japan, it desires to be joined in the consultations requested
by the United States in a communication circulated to WTO Members as document
concerning certain measures affecting the automobile industry.
As a significant exporter of both motor vehicles and auto parts to Indonesia, Japan has a
substantial trade interest in the matter that is the subject of the request by the United States. In 1995,
Japan exported approximately $2,320 million-worth of motor vehicles and parts to Indonesia.
INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Document: Original: English INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY Request to Join Consultations Communication from the European Communities
Date: 30 October 1996
Document codes: WT/DS59/3
Complainant: U.S.
Respondent: Indonesia
Third parties: India, South Korea
Dispute stage: Panel
Agreements cited: Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3, 20, 65  Intellectual Property (TRIPS)Art. I:1, III:2  GATT 1994Art. 1, 2, 6  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 27, 28.2  Subsidies and Countervailing Measures (SCM)Art. III:7  GATT 1994

INDONESIA - CERTAIN MEASURES AFFECTING
THE AUTOMOBILE INDUSTRY
Request to Join Consultations
Communication from the European Communities
The following communication, dated 18 October 1996, from the Permanent Delegation of the
European Commission to the Permanent Mission of Indonesia, the Permanent Mission of the United
States and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the European Community and its Member States
wishes to be joined in the consultations under Article XXII.1 of the General Agreement on Tariffs
and Trade 1994 (GATT 1994), Article 8 of the Agreement on Trade-Related Investment Measures
(TRIMs Agreement), Articles 7 and 30 of the Agreement on Subsidies and Countervailing Measures
(SCM Agreement) and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) requested by the United States by a communication circulated to WTO
Members on 15 October 1996 (Document , , , , )
regarding certain measures affecting trade and investment in the motor vehicle sector implemented
by Indonesia through Presidential Decrees 54/1993 and 42/1996, Presidential Instruction 2/1996,
numerous ministerial decrees and government regulations, and other governmental measures.
The European Community and its Member States has a major trade interest in the Indonesian
market, and itself requested consultations with Indonesia by letter of 3 October.
INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Document: Original: English INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY Request to Join Consultations Communication from Korea
Date: 30 October 1996
Document codes: WT/DS59/4
Complainant: U.S.
Respondent: Indonesia
Third parties: India, South Korea
Dispute stage: Panel
Agreements cited: Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3, 20, 65  Intellectual Property (TRIPS)Art. I:1, III:2  GATT 1994Art. 1, 2, 6  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 27, 28.2  Subsidies and Countervailing Measures (SCM)Art. III:7  GATT 1994

INDONESIA - CERTAIN MEASURES AFFECTING THE
AUTOMOBILE INDUSTRY
Request to Join Consultations
Communication from Korea
The following communication, dated 21 October 1996, from the Permanent Mission of Korea
to the Permanent Mission of Indonesia, the Permanent Mission of the United States and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU), my Government wishes to be joined in the
consultations under Article XXII:1 of the General Agreement on Tariffs and Trade 1994 et al. requested
by the United States regarding certain automotive industry measures of Indonesia. The request of the
Government of the United States was circulated to the WTO Members on 15 October 1996 ().
Given Korea’ s substantial trade interest in these consultations, we look forward to receiving
your positive response to this request.
INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Document: Original: English INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY Request to Join Consultations Communication from Canada
Date: 31 October 1996
Document codes: WT/DS59/5
Complainant: U.S.
Respondent: Indonesia
Third parties: India, South Korea
Dispute stage: Panel
Agreements cited: Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3, 20, 65  Intellectual Property (TRIPS)Art. I:1, III:2  GATT 1994Art. 1, 2, 6  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 27, 28.2  Subsidies and Countervailing Measures (SCM)Art. III:7  GATT 1994

INDONESIA - CERTAIN MEASURES AFFECTING THE
AUTOMOBILE INDUSTRY
Request to Join Consultations
Communication from Canada
The following communication, dated 24 October 1996, from the Permanent Mission of Canada
to the Permanent Mission of Indonesia, the Permanent Mission of the United States and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the Permanent Mission of the United States to the WTO in
Geneva by letter dated 8 October 1996, regarding certain measures affecting trade and investment in
the motor vehicle sector implemented by Indonesia through Presidential Decrees 54/1993 and 42/1996,
Presidential Instruction 2/1996, numerous ministerial decrees and government regulations, and other
governmental measures ().
INDONESIA - CERTAIN MEASURES AFFECTING THE AUTOMOBILE INDUSTRY
Document: Surveillance of Implementation of Recommendations and Rulings Request for Arbitration by the European Communities
Date: 13 October 1998
Document codes: WT/DS55/12; WT/DS64/10; WT/DS54/13; WT/DS59/11; G/L/262
Complainant: U.S.
Respondent: Indonesia
Third parties: India, South Korea
Dispute stage: Panel
Agreements cited: Art. 2  Trade-Related Investment Measures (TRIMs)Art. 3, 20, 65  Intellectual Property (TRIPS)Art. I:1, III:2  GATT 1994Art. 1, 2, 6  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 27, 28.2  Subsidies and Countervailing Measures (SCM)Art. III:7  GATT 1994

INDONESIA - CERTAIN MEASURES AFFECTING
THE AUTOMOBILE INDUSTRY
Surveillance of Implementation of Recommendations and Rulings
Request for Arbitration by the European Communities
The following communication, dated 8 October1998, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request of
that delegation.
On 23 July, the Dispute Settlement Body adopted the recommendations and rulings of the
panel report in "". In view of the
impossibility to reach an agreement with Indonesia on the duration of the period required for the
implementation of the recommendations and rulings of that panel report in respect of the so-called
"1993 Programme", the European Communities hereby request that such period be determined by
binding arbitration pursuant to Article 21.3 (c) of the Dispute Settlement Understanding (DSU).
Pursuant to footnote 12 of the DSU, the representatives of the European Communities will
immediately open discussions with the other Members concerned with a view to achieving agreement
on an arbitrator within the next ten days.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Original: Spanish GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO Request for Consultations by Mexico
Date: 24 October 1996
Document codes: WT/DS60/1; G/ADP/D3/1
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Request for Consultations by Mexico
The following communication, dated 15 October 1996, from the Permanent Mission of Mexico
to the Permanent Mission of Guatemala, is circulated in accordance with Article 4.4 of the DSU.
On instructions from the corresponding authorities of the Government of Mexico, I hereby
request formal consultations under Article 17.3 of the Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade 1994 (the Anti-Dumping Agreement or Code) and
Article 4 of the Understanding on Rules and Procedures for the Settlement of Disputes, of the .
The consultations requested refer to the anti-dumping investigation being carried out by the
authorities of your Government at the request of the company Cementos Progreso Sociedad Anónima
concerning Guatemalan imports of portland cement from the company Cooperativa Manufacturera de
Cemento Portland la Cruz Azul, SCL, of Mexico. In the opinion of the Government of Mexico, the
anti-dumping investigation in question is incompatible with, inter alia, Articles 2, 3, 5 and 7.1 on the
Agreement of Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Constitution of the Panel Established at the Request of Mexico Communication from the DSB Chairman
Date: 5 May 1997
Document codes: WT/DS60/3; WT/DS60/2; WT/DS60/2; G/ADP/D3/3
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Constitution of the Panel Established at the Request of Mexico
Communication from the DSB Chairman
The terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Mexico
in document , the matter referred to the DSB by Mexico 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 21 April 1997, Mexico requested 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 eitherparty, the Director-General, inconsultationwith the Chairman
of the DSB and the Chairman of the relevant Council or Committee, shall determine the
composition of the panel by appointing the panellists 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 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 1 May 1997, the Director-General accordingly composed the panel as follows:
Chairman: Mr. Klaus Kautzor-Schröder
Members: Mr. Christopher Norall
Mr. Gerardo Teodoro Thielen Graterol
5. Canada, El Salvador, Honduras and the United States have reserved their rights as third parties
to the dispute.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Appointment of a replacement panelist Communication from the DSB Chairman
Date: 16 July 1997
Document codes: WT/DS60/4; G/ADP/D3/4
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Appointment of a replacement panelist
Communication from the DSB Chairman
Following the resignation on 27 June 1997 of Mr. Christopher Norall from the panel originally
constituted to consider this matter, the Director-General, acting on a request from Mexico, on
11 July 1997 appointed a new member to the panel. Accordingly, the composition of the panel is as
follows:
Chairman: Mr. Klaus Kautzor-Schröder
Members: Mr. Gerardo Teodoro Thielen Graterol
Mr. José Antonio S. Buencamino
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Original: English GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO Communication from the Chairman of the Panel
Date: 4 August 1997
Document codes: WT/DS60/5
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Communication from the Chairman of the Panel
The following communication, dated 30 July 1997 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been decided
until the date 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 the panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement 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"Guatemala-Anti-DumpingInvestigationRegardingPortlandCement fromMexico"
was established by the DSB on 20 March 1997, and at the request of Mexico, the Director-General
announced the composition of the Panel on 1 May 1997. One of the Members of the Panel resigned
on 27 June 1997, and at the request of Mexico, the Director-General announced the new composition
of the Panel on 11 July 1997. These events caused a significant delay before the first meeting of the
Panel with the parties. In addition, one party, a developing country, wishes to use the maximum time
periods prescribed in the DSU and furthermore wishes to receive all communications from the Panel
in its WTO working language, which is not the WTO working language of the Panel. The need for
translation of lengthy documents has caused and will continue to cause delays in the proceedings. As
a result, the Panel will not be able to issue its report within six months.
The Panel expects to complete its work before the end of March 1998.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Communication from the Chairman of the Panel
Date: 10 February 1998
Document codes: WT/DS60/6
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Communication from the Chairman of the Panel
The following communication, dated 6 February 1998 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been decided
until the date 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 the panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement 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"Guatemala-Anti-DumpingInvestigationRegardingPortlandCement fromMexico"
was established by the DSB on 20 March 1997. The Director-General announced the final composition
of the Panel on 11 July 1997. On 30 July 1997, the Chairman of the Panel informed the DSB that
the Panel would not be able to circulate its report to Members within six months of its establishment.
The Chairman informed the DSB that the Panel expected to complete its work before the end of
March 1998 (). At the request of the parties, the Panel has agreed to delay issuance of
the interim report by two weeks. The Panel would encourage the parties to take advantage of this
opportunity to develop a mutually satisfactory solution to the dispute. The Panel expects to complete
its work on 17 April 1998.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Communication from the Chairman of the Panel The followingcommunication, dated 23 February 1998and addressed tothe DisputeSettlement Body, is circulated in accordance with Article 12.12 of the DSU.
Date: 25 February 1998
Document codes: WT/DS60/7
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Communication from the Chairman of the Panel
The followingcommunication, dated 23 February 1998and addressed tothe DisputeSettlement
Body, is circulated in accordance with Article 12.12 of the DSU.
The complaining party has requested the Panel to suspend the panel proceedings in accordance
with Article 12.12 of the DSU. The Panel has agreed to this request.
GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Communication from the Chairman of the Panel Following a one-month suspension of the panel proceedings at the request of the complaining party under Article 12.12 of the DSU, the Panel expects to complete its work by early June 1998. GUATEMALA - ENQUETE ANTIDUMPING CONCERNANT LE CIMENT PORTLAND EN PROVENANCE DU MEXIQUE Communication du Président du Groupe spécial Etant donné que ses travaux ont été suspendus pendant 1 mois, à la demande de la partie plaignante, conformément à l'article 12:12 du Mémorandum d'accord sur le règlement des différends, le Groupe spécial compte mener sa tâche à bien pour le début de juin 1998. GUATEMALA - INVESTIGACIÓN ANTIDUMPING SOBRE EL CEMENTO PORTLAND PROCEDENTE DE MÉXICO Comunicación del Presidente del Grupo Especial Tras haber suspendido durante un mes sus actuaciones a petición de la parte reclamante de conformidad con el párrafo 12 del artículo 12 del ESD, el Grupo Especial prevé terminar sus trabajos a principios de junio de 1998.
Date: 27 March 1998
Document codes: WT/DS60/8
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA - ANTI-DUMPING INVESTIGATION REGARDING
PORTLAND CEMENT FROM MEXICO
Communication from the Chairman of the Panel
Following a one-month suspension of the panel proceedings at the request of the complaining
party under Article 12.12 of the DSU, the Panel expects to complete its work by early June 1998.
CIMENT PORTLAND EN PROVENANCE DU MEXIQUE
CEMENTO PORTLAND PROCEDENTE DE MÉXICO
a principios de junio de 1998.
GUATEMALA – ANTI-DUMPING INVESTIGATION REGARDING PORTLAND CEMENT FROM MEXICO
Document: Communication from the Appellate Body
Date: 1 October 1998
Document codes: WT/DS60/10
Complainant: Mexico
Respondent: Guatemala
Third parties: Canada, El Salvador, Honduras, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 7, Annex I  Anti-dumpingArt. VI  GATT 1994Art. 2, 3, 5, 6  Anti-dumping

GUATEMALA – ANTI-DUMPING INVESTIGATION
REGARDING PORTLAND CEMENT FROM MEXICO
Communication from the Appellate Body
The following communication, dated 1 October 1998, 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.
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 after the appellant has formally notified 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 wr iting of the reasons for the delay together with an
estimate of the period within which it will submit its report.
Guatemala notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel on 4 August 1998, with
the result that the 60-day period will expire on Monday, 5 October 1998. Due to the time required for
completion and translation of the Report, the Appellate Body will not be able to circulate its Report
by 5 October 1998. We estimate that the Appellate Body Report in this appeal will be circulated to
WTO Members by 2 November 1998.