CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION JOINT REQUEST BY CHINA AND THE EUROPEAN UNION FOR A DECISION BY THE DSB
Document: panel report
Date: 13 March 2015
Document codes: WT/DS460/6
Complainant: EU
Respondent: China
Third parties: Japan, South Korea, India, Russia, Saudi Arabia, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.4, 2.4.2, 3.1, 3.2, 3.4, 3.5, 6.4, 6.5, 6.5.1, 6.7, 6.8, Annex II, Annex I, 6.9, 7.4, 12.2, 12.2.2, 1  Anti-dumpingArt. VI  GATT 1994

CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON
HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST")
FROM THE EUROPEAN UNION
JOINT REQUEST BY CHINA AND THE EUROPEAN UNION
FOR A DECISION BY THE DSB
The following communication, dated 12 March 2015, from the delegation of China and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body (DSB), is
circulated at the request of those delegations.

Taking into account the current workload of the Appellate Body, the European Union and the
People's Republic of China would like to reques t the Dispute Settlement Body (DSB) to adopt the
draft decision attached to this letter with respect to the dispute China — Measures Imposing Anti-
Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from the
European Union (WT/DS460). We consider that the draft DSB decision, if adopted, would provide
greater flexibility in scheduling any possible appeal of the panel report in this dispute, which was
circulated to WTO Members on 13 February 2015. Attached to the letter you will also find the text
of the procedural agreement between the parties to the dispute.

We would be grateful if you could circulate this notification including its attachments to the
Members of the DSB.

Draft Decision of the DSB

The DSB agrees that, upon a request by the European Union or the People's Republic of China, the
DSB shall no later than 20 May 2015 adopt the report of the panel in the dispute China —
Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes
("HP-SSST") from the European Union (WT/DS460) unless (i) the DSB decides by consensus not to
do so or (ii) either party to the dispute notifies the DSB of its decision to appeal pursuant to
Article 16.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

Confirmed Procedures between the European Union and the People's Republic of China regarding
the Time Period under Article 16.4 of the DSU

1. In order to take into account the current workload of the Appellate Body, the above parties
have decided that the 60-day time period in Article 16.4 of Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), as app licable to the above dispute, will be extended
to 20 May 2015, and that a decision of the Disput e Settlement Body (DSB) on this extension will
be sought at the meeting of the DSB to be held on 25 March 2015.

2. The parties decide to seek this extension on the understanding that the rights of the parties
to the dispute with respect to adoption or a ppeal of the panel report panel in the dispute China —
Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes
("HP-SSST") from the European Union (WT/DS460) are preserved, as if such adoption or appeal
had been requested within the 60-day time period specified in Article 16.4 of the DSU.

3. Neither party will file a notice of appeal of the panel report before 20 May 2015, provided
the DSB decision set out in paragraph 1 is obtained.

4. If for any reason neither party files a notice of appeal and appellant submission on
20 May 2015, the report would be presented for adoption at the DSB meeting to be held on that
date.

For the People's Republic of China

H.E. Mr YU Jianhua
Ambassador
Permanent Representative of China
to the WTO

For the European Union

H.E. Mr Angelos PANGRATIS
Ambassador
Permanent Representative of
the European Union to the WTO