UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 16 August 2012
Document codes: WT/DS322/47
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 14 August 2012, has been received from the
Chairperson of the Arbitrator with the request that it be circulated to the Dispute Settlement Body.

 I would be grateful if you could circulate to the DSB the following communication from the
Arbitrator as a document in the WT/DS322 series:

 "The Arbitrator has received a joint comm unication dated 3 August 2012 (attached) from the
parties, in which they:
(a) recall their joint communication dated 6 Februa ry 2012, informing the Arbitrator of a
Memorandum of Understanding with respect to this dispute, as well as the subsequent
communication from the Arbitrator dated 9 Fe bruary 2012, by which the Arbitrator
decided to extend the suspension of its work through 20 August 2012;
(b) inform the Arbitrator that Japan has now withdrawn its requests under Article 22.2 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU") ( and ) and that the United States accordingly
no longer makes objections under Article 22.6 of the DSU; and
(c) jointly request that the Arbitrator notify the Dispute Settlement Body that it is not
necessary for the Arbitrator to issue an award.
 In light of the circumstances described in this joint communication, the Arbitrator considers
that it is not necessary for it to i ssue a decision on the matter referred to it. The Arbitrator therefore
considers that it has completed its work."

Communication dated 3 August 2012,
Addressed to Mr Jose Antonio Buencamino, Chairperson of the Arbitrator,
from the delegations of the United States and Japan

The United States and Japan would like to expr ess our sincere thanks to you and the other
Members of the Arbitrator for your service in the above-referenced proceeding.

The United States and Japan recall their jo int communication dated 6 February 2012,
informing the Arbitrator of a Memorandum of Unders tanding with respect to this dispute, as well as
the subsequent communication from the Arbitrator da ted 9 February 2012, by which the Arbitrator
decided to extend the suspension of its work through 20 August 2012.

The United States and Japan would like to note th at Japan has now withdrawn its Article 22.2
requests (WT/DS322/23 and WT/DS322/24) and to inform the Arbitrator that the United States
accordingly no longer makes objections under Article 22.6. The United States and Japan therefore
respectfully request that the Arbitrator notify the Dispute Settlement Body that it is not necessary for
the Arbitrator to issue an award.