dean22029/WTO_Docs huggingface dataset:
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 14 June 2019
Document codes: WT/DS484/18/Add.9
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 13 June 2019, from the delegation of Indonesia t o the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).
On 22 November 2017, the Dispute Settlement Body (DSB) adopted its recommendations and
rulings in Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products
(WT/DS484). In the DSB meeting on 22 January 2018, Indonesia informed the DSB its intention to
implement the recommendations and rulings of the DSB related to this matter.
Indonesia and Brazil also informed the DSB, on 15 March 2018, their agreement for the reasonable
period of time for Indonesia to implement the recommendations and rulings of the DSB. This
reasonable period of time expired on 22 July 2018.
In this meeting, Indonesia would like to inform the DSB that Indonesia continues its effort to
implement the recom mendations and rulings of the DSB in this dispute. Indonesia is undertaking
further adjustment of relevant regulations that will be concluded in the near future.
Indonesia stands ready to continue communications, and holding consultations as and when
necessary, with Brazil pertaining to the matter above.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF BRAZIL NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 31 July 2019
Document codes: WT/DS484/20; WT/DS484/19.; WT/DS484/19
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF BRAZIL
NOTE BY THE SECRETARIAT
1. At its meeting on 24 June 2019 , the Dispute Settlement Body (DSB) agreed, pursuant to
Article 21.5 of the Dispute Settlement Understanding (DSU), to refer to the original panel, if possible,
the matter raised by Brazil 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 matt er 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. The Panel is composed as follows:

Chairperson: Mr Sufyan AL-IRHAYIM

 Members: Ms Delilah CABB AYALA
 Ms Claudia OROZCO

4. Australia, Canada, China, the European Union, India, Japan, the Republic of Korea,
New Zealand, Norway, the Russian Federation, the Kingdom of Saudi Arabia and the United States
have reserved their rights to participate in the Panel proceedings as third parties.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS (DS484) RECOURSE TO ARTICLE 21.5 BY BRAZIL COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 14 February 2020
Document codes: WT/DS484/21
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS (DS484)
RECOURSE TO ARTICLE 21.5 BY BRAZIL
COMMUNICATION FROM THE PANEL
The following communication, dated 11 February 2020, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU).

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 sh all 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 24 June 2019, the DSB referred the dispute Indonesia – Chicken, Recourse to Article 21.5 of the
DSU by Brazil (DS484) to the original panel, if possible. The Panel was composed on 31 July 2019.

In accordance with the Panel's timetable adopted thus far following consultation with the parties ,
the Panel estimates that it will issue its final report to the parties in the third quarter of 2020.

I would be grateful if you would circulate this letter to the DSB.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS (DS484) RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 19 August 2020
Document codes: WT/DS484/22
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS (DS484)
RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL
COMMUNICATION FROM THE PANEL
The following communication, dated 14 August 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 13 August 2020, the Panel received a request from Brazil to suspend its work in the above
referenced dispute, pursuant to Article 12.12 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), until 12 September 2020. On the same date, the Panel
received a communication from Indonesia, indicating that Indonesia had no objections to the
request. On 14 August 2020, the Panel informed the parties of its decision to grant Brazil's request.

I would be grateful if you would circulate this communication to the DSB.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS (DS484) RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 16 September 2020
Document codes: WT/DS484/23
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS (DS484)
RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL
 COMMUNICATION FROM THE PANEL
The following communication, dated 15 September 2020, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

On 14 August 2020, the Panel informed the Dispute Settlemen t Body (DSB) that, by its decision
of the same date, it had accepted a request by Brazil pursuant to Article 12.12 of the
Dispute Settlement Understanding (DSU) to suspend its work in the proceedings
Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products (DS484),
Recourse to Article 21.5 of the DSU by Brazil, until 12 September 2020.

On 9 September 2020, the Panel received a request from Brazil to further suspend its work until
8 October 2020, pursuant to Article 12.12 of the DSU. On the same date, the Panel received a
communication from Indonesia, indicating that Indonesia had no objections to the request.
On 14 September 20201, the Panel informed the parties of its decision to grant Brazil's request.

I would be grateful if you would circulate this communication to the DSB.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS (DS484) RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 12 October 2020
Document codes: WT/DS484/24
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS (DS484)
RECOURSE TO ARTICLE 21.5 OF THE DSU BY BRAZIL
COMMUNICATION FROM THE PANEL
The following communication, dated 8 October 2020, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 14 August 2020, the Panel informed the Dispute Settlement B ody (DSB) that, by its decision
of the same date, it had accepted a request by Brazil pursuant to Article 12.12 of the
Dispute Settlement Understanding (DSU) to suspend its work in the proceedings
Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products (DS484),
Recourse to Article 21.5 of the DSU by Brazil , until 12 September 2020. On 14 September 2020 1,
the Panel extended, upon request by Brazil, the suspension of its work until 8 October 2020.

On 7 October 2020, the Panel re ceived a request from Brazil to further suspend its work until
7 November 2020, pursuant to Article 12.12 of the DSU. On the same date, the Panel received a
communication from Indonesia, indicating that Indonesia had no objections to the request.
On 8 October 2020, the Panel informed the parties of its decision to grant Brazil's request.

I would be grateful if you would circulate this communication to the DSB.
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS
Document: PANEL REPORT Action by the Dispute Settlement Body
Date: 23 November 2017
Document codes: WT/DS484/12; WT/DS484/R; WT/DS484/R/Add.1
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS

PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 22 November 2017 , the Dispute Settlement Body adopted the Panel report on

( and ).

INDONÉSIE – MESURES CONCERNANT L'IMPORTATION DE VIANDE
DE POULET ET DE PRODUITS À BASE DE POULET
RAPPORT DU GROUPE SPÉCIAL
Groupe spécial Indonésie – Mesures concernant l'importation de viande de poulet et de produits à
base de poulet ( et ).

INDONESIA - MEDIDAS RELATIVAS A LA IMPORTACIÓN
DE CARNE DE POLLO Y PRODUCTOS DE POLLO
INFORME DEL GRUPO ESPECIAL
Actuación del Órgano de Solución de Diferencias
En su reunión de 22 de noviembre de 2017, el Órgano de Solución de Diferencias adoptó el
de pollo y productos de pollo ( y ).
INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT AND CHICKEN PRODUCTS COMMUNICATION FROM INDONESIA CONCERNING ARTICLE 21.3(B) OF THE DSU
Document: Panel Report
Date: 20 December 2017
Document codes: WT/DS484/13
Complainant: Brazil
Respondent: Indonesia
Third parties: U.S., EU, Japan, South Korea, China, Chile, New Zealand, Norway, Vietnam, Paraguay, Taiwan, India, Australia, Argentina, Russia, Canada, Thailand, Oman, Qatar
Dispute stage: Panel
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 2.2, 3.1, 3.2, 3.3, 5.1, 5.2, 5.4, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.2  Technical Barriers to Trade (TBT)Art. 3.2, 3.3  Import LicensingArt. 2.3  Sanitary and Phytosanitary Measures (SPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. III:4, X:3  GATT 1994Art. 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

INDONESIA – MEASURES CONCERNING THE IMPORTATION OF CHICKEN MEAT
AND CHICKEN PRODUCTS
COMMUNICATION FROM INDONESIA CONCERNING ARTICLE 21.3(B) OF THE DSU
The following communication, dated 15 December 2017 , from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

As you are aware, the Panel Report in the above referenced dispute was adopted by the Dispute
Settlement Body ("DSB") on 22 November 2017. Furth er to Article 21.3 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU"), Indonesia wishes to advise
the DSB that it is impracticable for Indonesia to comply immediately with the recommendations
and rulings of the DSB in this dispute. Indonesia, therefore, requires a reasonable period of time
("RPT") in which to do so.

Article 21.3(b) of the DSU provides for a 45 -day period after the date of adoption of the
recommendations and rulings of the DSB to reach a mutual agreem ent on the RPT. This 45 -day
period would end on 6 January 2018.

In the light of the intervening Eleventh Ministerial Conference in Buenos Aires, Argentina (from 10
to 13 December 2017) and the year-end closure of the (from
21 December 2017 to 2 January 2018), it may be necessary for the parties to extend the relevant
45-day period in order to reach a mutually agreed RPT between the parties.

Indonesia looks forward to discussing the appropriate length of the RPT with Brazil.
Document: REQUEST TO JOIN CONSULTATIONS
Date: 10 November 2014
Document codes: WT/DS485/2
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA  TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Ukraine
The following communication, dated 6 November 201 4, from the delegation of Ukraine to the
delegation of the Russian Federation, the delegation of the European Union and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Ukraine hereby notifies the Government of the Russian Federation, the
European Union, and the Dispute Settlement Body that, in light of the substantial trade interest of
Ukraine, it desires to join the consultations requested by the European Union in a communication
circulated to WTO Members on 4 November 2014 (; ; ) entitled
Russia
 Tariff Treatment of Certain Agricultural and Manufacturing Products.

Ukraine has a substantial trade interest in the present dispute because it is a significant producer
and exporter of goods in both agricultural and manufacturing sectors. Therefore, Ukraine has a
systemic interest in the application and interpretation of the provisions of the relevant WTO
Agreements.

Ukraine looks forward to being informed of the date and venue of the consultations.
Document: REQUEST TO JOIN CONSULTATIONS
Date: 18 November 2014
Document codes: WT/DS485/3
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA  TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Japan
The following communication, dated 14 November 2014, from the delegation of Japan to the
delegation of the Russian Federation, the delegation of the European Union and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I wish to refer to the consultations requested by the European Union pursuant to Articles 1 and 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), and Article 19 of
the Agreement on Implementation of Article VII of the GATT 1994 in the communication circulated
to WTO Members on 4 November (, , ) titled "Russia - Tariff
Treatment of Certain Agricultural and Manufacturing Products" . My authorities have instructed 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 DSU.

As these consultations concern the certain measures regarding import duties on several goods,
including refrigerators and combined refrigerator – freezers, Japan has a substantial trade interest
in these consultations as a major supplier of those goods to the Russian Federation ("Russia")
1.

HS 8418102001) from Japan to Russia was 4,070,000 US dollars (2012) and 5,399,000 US dollars (2013).
(Source: Global Trade Atlas).
Document: REQUEST TO JOIN CONSULTATIONS
Date: 18 November 2014
Document codes: WT/DS485/4; WT/DS485/1
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA  TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 14 November 2 014, from the delegation of the United States
to the delegation of the Russian Federation, the delegation of the European Union and to the
Chairperson of the Dispute Settlement Body, is circ ulated in accordance with Article 4.11 of the
DSU.

This concerns the request for consultations by the European Union on Russia – Tariff Treatment of
Certain Agricultural and Manufacturing Products , circulated to Members on 4 November 2014
(). My authorities have instructed me to notify the consulting Members and the
Dispute Settlement Body of the desire of the United States to be joined in these consultations,
pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.

The measures at issue allegedly result in tariff tr eatment of imported products at levels above the
rates set out in the Russian Federation's Schedule of Concessions and Commitments annexed to
the General Agreement on Tariffs and Trade 1994, and the measures appear to apply to hundreds
of tariff lines for which there are significant US exports. With respect to the types of products
identified as examples in the request for consul tations (e.g., refrigerators and freezers and paper
and paperboard products), the United States had exports to the Russian Federation in 2013 of
approximately $40 million.
Document: REQUEST TO JOIN CONSULTATIONS
Date: 18 November 2014
Document codes: WT/DS485/5
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA  TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Indonesia
The following communication, dated 14 November 2014, from the delegation of Indonesia to the
delegation of the Russian Federation, the delegation of the European Union and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of Indonesia notifies the Russian Federation, the Dispute
Settlement Body, and the European Union of its desire to be joined in the consultations requested
by the European Union in Russia – Tariff Treatment of Certain Agricultural and Manufacturing
Products, as set out in the communication circulated to WTO Members on 4 November 2014

Indonesia has a substantial trade interest in this di spute as a producer and exporter of palm oil to
the Russian Federation that are also subject to Decision No. 54 of the Board of the Eurasian
Economic Commission on the Common Customs Tariff Regulation of the Custom Union of the
Republic of Kazakhstan and the Russian Federati on which was enter into force on 23 August 2012
as amended by subsequent acts.

Indonesia looks forward to receiving your reply.
RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING PRODUCTS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 19 June 2015
Document codes: WT/DS485/7; WT/DS485/6; WT/DS485/6
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
1. At its meeting on 25 March 2015, the Disput e Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU).1

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 refe rred to the DSB by the European Union 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 8 June 2015, the European Union reques ted 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 18 June 2015, the Director-General accordingly composed the Panel as follows:

 Chairperson: Ronald Saborío Soto

 Members: Esteban Conejos, Jr.
 Gustavo Lunazzi

5. Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, the Republic of Korea, the
Republic of Moldova, Norway, Singapore, Ukraine an d the United States have reserved their rights
to participate in the Panel proceedings as third parties.
RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING PRODUCTS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 17 December 2015
Document codes: WT/DS485/8
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
COMMUNICATION FROM THE PANEL
The following communication, dated 15 December 2015, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products
(WT/DS485) was established by the DSB on 25 March 2015
 and composed on 18 June 2015.

The Panel expects to issue its final report to the parties by mid-April 2016, in accordance with the
timetable adopted after consultation with the parties.
RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING PRODUCTS PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 28 September 2016
Document codes: WT/DS485/9; WT/DS485/R; WT/DS485/R/Corr.1; WT/DS485/R/Corr.2; WT/DS485/R/Add.1
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 26 September 2016, the Dispute Settlement Body adopted the Panel report on
Russia - Tariff T reatment of Certain Agricultural and Manufacturing Products (;
; and ).

RUSSIE - TRAITEMENT TARIFAIRE DE CERTAINS
PRODUITS AGRICOLES ET MANUFACTURÉS
RAPPORT DU GROUPE SPÉCIAL
Groupe spécial Russie - Traitement tarifaire de certains produits agricoles et manufacturés
(; ; et ).

RUSIA - TRATO ARANCELARIO DE DETERMINADOS
PRODUCTOS AGRÍCOLAS Y MANUFACTURADOS
INFORME DEL GRUPO ESPECIAL
Actuación del Órgano de Solución de Diferencias
En su reunión de 26 de septiembre de 2016, el Órgano de Solución de Di ferencias adoptó el
agrícolas y manufacturados (; ; y
RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING PRODUCTS AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 14 November 2016
Document codes: WT/DS485/10
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA - TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 10 November 2016 , from the delegation of Russia and the
delegation of the European Union 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 Dispute s ( "DSU") the Russian Federation and the
European Union have agreed that the reasonable period of time for the Russian Federation to
implement the recommendations and rulings of the Dispute Settlement Body ("DSB") in the
dispute Russia – Tariff Treatment of Certain Agricultural and Manufacturing Products (DS485) shall
be 7 months and 15 days from 26 September 2016 i.e. the date of adoption of the DSB
recommendations and rulings. Accordingly, the reasonable period of time expires on 11 May 2017.

We request that you circulate this notification to the Members of the DSB.
RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL AND MANUFACTURING PRODUCTS REPORT OF THE PANEL
Document: Corrigendum In the table at paragraph 7.3 of the Panel Report, the product category of the sixth measure at issue is described as "Palm oil and its fractions".  This should instead read "Paper and paperboard products". RUSSIE – TRAITEMENT TARIFAIRE DE CERTAINS PRODUITS AGRICOLES ET MANUFACTURÉS RAPPORT DU GROUPE SPÉCIAL Corrigendum Dans le tableau figurant au paragraphe  7.3 du rapport du Groupe spécial, la catég orie de produit mentionnée pour la sixième mesure contestée est: "Huile de palme et ses fractions". La mention devrait être: "Produits en papier et carton". RUSIA - TRATO ARANCELARIO DE DETERMINADOS
Date: 26 August 2016
Document codes: WT/DS485/R/Corr.1
Complainant: EU
Respondent: Russia
Third parties: Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, South Korea, Moldova, Norway, Singapore, Ukraine, U.S.
Dispute stage: Panel
Agreements cited: Art. II:1(b), II:1(a)  GATT 1994

RUSSIA – TARIFF TREATMENT OF CERTAIN AGRICULTURAL
AND MANUFACTURING PRODUCTS
REPORT OF THE PANEL
Corrigendum
In the table at paragraph 7.3 of the Panel Report, the product category of the sixth measure at
issue is described as "Palm oil and its fractions". This should instead read "Paper and paperboard
products".

RUSSIE – TRAITEMENT TARIFAIRE DE CERTAINS
PRODUITS AGRICOLES ET MANUFACTURÉS
RAPPORT DU GROUPE SPÉCIAL
Corrigendum
devrait être: "Produits en papier et carton".

RUSIA - TRATO ARANCELARIO DE DETERMINADOS
PRODUCTOS AGRÍCOLAS Y MANUFACTURADOS
INFORME DEL GRUPO ESPECIAL
Corrigendum
sexta medida en litigio es "Aceite de palma y sus fracciones". En vez de esto, debe decir
"Productos de papel y cartón".
EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN POLYETHYLENE TEREPHTHALATE FROM PAKISTAN COMMUNICATION FROM THE APPELLATE BODY
Document: Panel Report
Date: 9 March 2018
Document codes: WT/DS486/8
Complainant: Pakistan
Respondent: EU
Third parties: China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 1.1(a)(1)(i), 1.1(a)(1)(ii), 3.1(a), Annex I, Annex II, Annex III  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 3, 14, 19, 1.1(a)(1), 1.1(b), 14, 14(b), 19.3, 15.5, 12.6, 12.8, Annex VI, 22.3, 22.4, 10, 19.1, 32  Subsidies and Countervailing Measures (SCM)

EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN
POLYETHYLENE TEREPHTHALATE FROM PAKISTAN
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 27 October 2017, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), 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 (DSB) 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.

The European Union notified the DSB on 30 August 2017 of its decision to appeal certain issues of
law covered in the Panel Report and legal interpretations developed by the Panel in this case, with
the result that the 60-day period expires on Sunday, 29 October 2017.

The Appe llate Body faces a substantially enhanced workload in 2017, with several appeals
proceeding in parallel, and there is increasing overlap in the composition of the Divisions hearing
the different appeals owing to the current vacancies on the Appellate Body. Due to the scheduling
issues arising from these circumstances, t he demands that these concurrent appeals place on the
WTO Secretariat's translation services, and the shortage of staff in the Appellate Body Secretariat,
the Appellate Body will not be able to circulate its Report in this dispute by the end of the 60 -day
period, or within the 90-day timeframe provided for in Article 17.5 of the DSU.

The circulation date of the Appellate Body Report in this appeal will be communicated to the
participants and third participants after the oral hearing.
EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN POLYETHYLENE TEREPHTHALATE FROM PAKISTAN COMMUNICATION FROM THE APPELLATE BODY
Document: Appellate Body Report
Date: 9 May 2018
Document codes: WT/DS486/9
Complainant: Pakistan
Respondent: EU
Third parties: China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 1.1(a)(1)(i), 1.1(a)(1)(ii), 3.1(a), Annex I, Annex II, Annex III  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 3, 14, 19, 1.1(a)(1), 1.1(b), 14, 14(b), 19.3, 15.5, 12.6, 12.8, Annex VI, 22.3, 22.4, 10, 19.1, 32  Subsidies and Countervailing Measures (SCM)

EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN
POLYETHYLENE TEREPHTHALATE FROM PAKISTAN
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 7 May 2018, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is circulated to Members in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

I refer to my letter of 27 October 2017, setting out the reasons why the Appella te Body would not
be able to circulate its Report in these proceedings within the timeframes 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 Wednesday, 16 May 2018.
UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Document: Note by the Secretariat
Date: 23 April 2015
Document codes: WT/DS487/3; WT/DS487/2
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, India, Japan, South Korea, Russia, Australia, Canada
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 1.1(a)(1)(ii), 1.1(b), 2.3, 3.1(b), 3.2, 4.7  Subsidies and Countervailing Measures (SCM)

UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Note by the Secretariat
1. At its meeting on 23 February 2015, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) (as modified by Article 4.4 of the SCM Agreement, and in light of Article 1.2 and Appendix 2
to the DSU).
1

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 European Union 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 13 April 2015, the European Union reques ted the Director-General to determine the
composition of the Panel, pursuant to Articles 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.
2
4. On 22 April 2015, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Daniel Moulis

 Members: Mr Terry Collins-Williams
 Mr Wilhelm Meier

5. Australia; Brazil; Canada; China; India; Japa n; Korea, Rep. of and the Russian Federation
have reserved their rights to participate in the Panel proceedings as third parties.

Article, time-periods applicable under the DSU for the conduct of such disputes shall be half the time
prescribed therein".
UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 30 September 2015
Document codes: WT/DS487/4
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, India, Japan, South Korea, Russia, Australia, Canada
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 1.1(a)(1)(ii), 1.1(b), 2.3, 3.1(b), 3.2, 4.7  Subsidies and Countervailing Measures (SCM)

UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT
COMMUNICATION FROM THE PANEL
The following communication, dated 29 September 2015, was received from the Chairperson of
the Panel with the request that it be circulated to the Dispute Settlement Body.

Article 12.9 of the DSU, read in conjunction wi th Article 4 of the Agreement on Subsidies and
Countervailing Measures, provides that, when a panel considers that it cannot issue its report
within 90 days, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and
indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel in this matter (WT/DS487) was established by the DSB on 23 February 2015 and
composed on 22 April 2015.

The beginning of the Panel's work has been delayed as a result of a lack of available experienced
lawyers in the Secretariat. The Panel estimates that it will issue its report within the period of
12 months from today.
UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 26 September 2016
Document codes: WT/DS487/5
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, India, Japan, South Korea, Russia, Australia, Canada
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 1.1(a)(1)(ii), 1.1(b), 2.3, 3.1(b), 3.2, 4.7  Subsidies and Countervailing Measures (SCM)

UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 23 September 2016, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in a ccordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.9 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), read in conjunction with Article 4.6 of the Agreement on Sub sidies and Countervailing
Measures (SCM Agreement), provides that, when a panel considers that it cannot issue its report
within 90 days, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and
indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panel in United States – Conditional Tax Incentives for Large Civil Aircraft (DS487) was
established by the DSB on 23 February 2015 and composed on 22 April 2015 . In its
communication to the DSB of 29 September 2015 (), the Panel indicated that it
expected to issue its report within the period of 12 months from the date of its communication.
Due to a lack of available resources in the Secretariat, the Panel proceedings commenced in
December 2015.

As notified to the parties, it is expected that the final report will be circulated to all Members by
the end of November 2016, following translation into all three official languages.

I would be grateful if you would circulate this letter to the Members of the DSB.
UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 28 February 2017
Document codes: WT/DS487/8
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, India, Japan, South Korea, Russia, Australia, Canada
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 1.1(a)(1)(ii), 1.1(b), 2.3, 3.1(b), 3.2, 4.7  Subsidies and Countervailing Measures (SCM)

UNITED STATES – CONDITIONAL TAX INCENTIVES
FOR LARGE CIVIL AIRCRAFT
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 10 February 2017 , from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Body, is ci rculated to Members 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 (DSU), 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 (DSB) 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.

The United States notified the DSB on 16 December 2016 of its decision to appeal certain issues of
law covered in the Panel Report and legal interpretations developed by the Panel in this dispute, with
the result that day 60 in this proceeding f alls on Tuesday, 14 February 2017. On 17 January 2017,
the European Union filed a Notice of Other Appeal in this dispute.

The Appellate Body is not able to circulate its report by the end of the 60-day period, or within the
90-day timeframe provided for in the last sentence of Article 17.5 of the DSU, due to particular
aspects arising in th is proceeding, including the time needed for adopting and complying with
additional procedures to protect business confidential information , the consequent extensions of
the deadlines for filing submissions, and overlapping issues identified by the participants in parallel
proceedings. We further note the substantial workload faced by the Appellate Body, the overlap in
the composition of the Divisions hearing several concurrent app eals, and the shortage of staff in
the Appellate Body Secretariat.

The circulation date of the Appellate Body report in this appeal will be communicated to the
participants and third participants in due course.
UNITED STATES – CONDITIONAL TAX INCENTIVES FOR LARGE CIVIL AIRCRAFT COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 8 March 2017
Document codes: WT/DS487/8/Rev.1
Complainant: EU
Respondent: U.S.
Third parties: Brazil, China, India, Japan, South Korea, Russia, Australia, Canada
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 1.1(a)(1)(ii), 1.1(b), 2.3, 3.1(b), 3.2, 4.7  Subsidies and Countervailing Measures (SCM)

UNITED STATES – CONDITIONAL TAX INCENTIVES
FOR LARGE CIVIL AIRCRAFT
COMMUNICATION FROM THE APPELLATE BODY
Revision
The following communication, dated 3 March 2017, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is circulated to Members in accordance with
Article 4.9 of the Agreement on Subsidies and Countervailing Measures.

I am writing to you pursuant to Article 4.9 of the Agreement on Subsidies and Countervailing
Measures (SCM Agreement), which stipulates that, as a general rule, the Appellate Body will circulate
its report no later than 30 days after the appellant has formally notified the Dispute Settlement Body
(DSB) of its decision to appeal. Article 4.9 states, furthermore, that, when the Appellate Body
considers that it cannot provide its report within 30 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.

The United States notified the DSB on 16 December 2016 of its decision to appeal certain issues of
law covered in the Panel Report and legal interpretations developed by the Panel in this dispute, with
the result that day 30 in this proceeding fell on Monday, 16 January 2017. On 17 January 2017, the
European Union filed a Notice of Other Appeal in this dispute.

The Appellate Body was not able to circulate its report by the end of the 30 -day period, or within
the 60-day timeframe provided for in Article 4.9 of the SCM Agreement, due to particular aspects
arising in th is proceeding, including the time needed for adopting and complying with additional
procedures to protect business confidential information , the consequent extensions of the
deadlines for filing submissions , and overlapping issu es identified by the participants in parallel
proceedings. We further note the substantial workload faced by the Appellate Body, the overlap in
the composition of the Divisions hearing several concurrent appeals, and the shortage of staff in
the Appellate Body Secretariat.

The circulation date of the Appellate Body report in this appeal will be communicated to the
participants and third participants in due course.