dean22029/WTO_Docs huggingface dataset:
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Communication from the Appellate Body
Date: 12 January 2007
Document codes: WT/DS322/14; WT/DS322/AB/R.
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

Communication from the Appellate Body

 The following communication, dated 9 January 2007, from Mr. Giorgio Sacerdoti, 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 provide to you the Report of the Appellate Body in , It will be circulated to
Members of the at 4:00 p.m. 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: myself, as Presiding Member; Mr. Georges Abi-Saab and Mr. A.V. Ganesan, as
Members.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Understanding on
Date: 27 April 2007
Document codes: WT/DS322/18
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

Communication concerning Article 21.3 (c) of the DSU

 The following communication, dated 25 April 2007, from the delegations of Japan and the
United States to the Chairman of the Dispute Settleme nt Body, is circulated at the request of those
delegations.

At its meeting on 23 January 2007, the Dispute Settlement Body (DSB) adopted the reports of
the Panel and the Appellate Body in the dispute United States – Measures Re lating to Zeroing and
Sunset Reviews (WT/DS322). At the meeting of the DSB held on 20 February 2007, the United States
notified the DSB that it intends to implement th e recommendations and rulings of the DSB in this
dispute, and stated that it would need a reasonabl e period of time for implementation. On 29 March
2007, Japan requested that the reasonable period of ti me be determined through binding arbitration in
accordance with Article 21.3(c) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU). On 17 April 2007, Japan request ed that the Director-General appoint
the arbitrator in accordance with footnote 12 of the DSU.

Article 21.3(c) of the DSU provides that, in th e absence of an agreement between the parties
on a period of time, the reasonable period of time shall be determined "t hrough binding arbitration
within 90 days after the date of adoption of the recommendations and rulings." Japan and the
United States (i) have agreed that any arbitration under Article 21.3(c) of the DSU shall be completed
no later than 60 days after the date of the appointme nt of an arbitrator, unless the arbitrator, following
consultation with the parties, considers that additiona l time is required; and (ii) hereby confirm that
any award of the arbitrator (including an award not made within 90 days after the date of adoption of
the recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reasonable period of time for the United States to
implement the recommendations and rulings of the DSB.

For Japan For the United States

Ichiro Fujisaki
Ambassador

David P. Shark
Chargé d’affaires a.i.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Appointment of Arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Note by the Secretariat On 27 April 2007, the Director-General appointed  Mr. Florentino Feliciano to act as arbitrator under Article 21.3(c) of the  Understanding on Rules and Procedures Governing the Settlement of Disputes  in the matter  United States – Measures Relating to Zeroing and Sunset Reviews.
Date: 1 May 2007
Document codes: WT/DS322/19
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

Appointment of Arbitrator under Article 21.3(c) of the Understanding on

Rules and Procedures Governing the Settlement of Disputes

Note by the Secretariat

 On 27 April 2007, the Director-General appointed Mr. Florentino Feliciano to act as arbitrator
under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes in the matter .
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Agreement under Article 21.3(b) of the DSU
Date: 8 May 2007
Document codes: WT/DS322/20
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

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 4 May 2007, from the delegation of the United States
and the delegation of Japan to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

The Representatives of the United States of America and Japan wish to inform you that,
pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the United States and Japan have mutually agreed that the reasonable period of
time for the United States to implement the recomm endations and rulings of the Dispute Settlement
Body (DSB) in the dispute " "
(WT/DS322) shall be 11 months, expiring on 24 December 2007.

In addition, we wish to inform you that, in light of our agreement, Japan no longer seeks to
have the reasonable period of time determined through a binding arbitration pursuant to
Article 21.3(c) of the DSU. We wish to extend ou r appreciation and thanks to the arbitrator for his
efforts in this proceeding.

We request that you circulate this notification to the Members of the DSB.

For the United States of America

Peter F. Allgeier
Ambassador

 For Japan

Ichiro Fujisaki
Ambassador
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States
Date: 9 November 2007
Document codes: WT/DS322/22
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

Status Report by the United States

 The following communication, dated 8 November 2007, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of th e DSB in connection with this matter. The
United States and Japan subsequently agreed that the reasonable period of time for the United States
to implement the recommendations and rulings of the DSB would end on 24 December 2007.

On 6 March 2006, the US Department of Co mmerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in anti-
dumping investigations without offsets.

The United States is also continuing to consult in ternally on steps to be taken with respect to
the other DSB recommendations and rulings.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 7 December 2007
Document codes: WT/DS322/22/Add.1
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

Status Report by the United States

Addendum

 The following communication, dated 6 December 2007, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of th e DSB in connection with this matter. The
United States and Japan subsequently agreed that the reasonable period of time for the United States
to implement the recommendations and rulings of the DSB would end on 24 December 2007.

On 6 March 2006, the US Department of Co mmerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
anti-dumping investigations without offsets.

The United States is also continuing to consult in ternally on steps to be taken with respect to
the other DSB recommendations and rulings.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 11 January 2008
Document codes: WT/DS322/22/Add.2
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

Status Report by the United States

Addendum

 The following communication, dated 10 January 2008, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of th e DSB in connection with this matter. The
United States and Japan subsequently agreed that the reasonable period of time for the United States
to implement the recommendations and rulings of the DSB would end on 24 December 2007.

On 6 March 2006, the US Department of Co mmerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
anti-dumping investigations without offsets.

With respect to the assessment reviews at issue in this dispute, in each case the results were
superseded by subsequent reviews. Because of this, no further action is necessary for the United
States to bring these challenged measures into comp liance with the recommendations and rulings of
the DSB.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 21.5 of the DSU by Japan Constitution of the Panel Note by the Secretariat
Date: 28 May 2008
Document codes: WT/DS322/28; WT/DS322/27.; WT/DS322/27
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 21.5 of the DSU by Japan

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 18 April 2008, the Dispute Settle ment Body (DSB) referred this dispute, if
possible, to the original Panel in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU) to examine the matter referred to the DSB by Japan in document

2. The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Japan in document , the matter referred to the DSB by Japan in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements".
3. Due to the unavailability of the Chairman of th e original panel, the parties, on 23 May 2008,
agreed on a replacement panelist, and as a result the composition of the Panel is now as follows:
Chairman: Mr. José Antonio Buencamino
 Members: Mr. Simon Farbenbloom
Mr. Raúl León-Thorne
4. China; the European Communities; Hong Kong, China; Korea; Mexico; Norway; Chinese
Taipei and Thailand have reserved their rights to participate in the Panel proceedings as third parties.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse by the United States to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 28 May 2008
Document codes: WT/DS322/29
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 by the United States to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

1. At its meeting on 21 January 2008, the Dispute Settlement Body (DSB) agreed that the matter
raised by the United States in document WT/DS322/ 25 has been referred to arbitration in accordance
with Article 22.6 of the DSU.

2. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.

3. The following individuals will serve as arbitrators: 1

 Chairperson: Mr. José Antonio Buencamino

 Members: Mr. Simon Farbenbloom
Mr. Raúl León-Thorne
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse by the United States to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat Addendum
Date: 3 June 2010
Document codes: WT/DS322/29/Add.1; WT/DS322/37
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 by the United States to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

Addendum

1. Japan requested the resumption of the arbitration on 23 April 2010 (). One of
the members of the Arbitrator indicated that he was no longer available to serve in these proceedings.
2. On 25 May 2010, Japan requested the Director-General to appoint a replacement arbitrator.
3. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.
4. The following individuals will serve as arbitrators: 1

 Chairperson: Mr José Antonio Buencamino

 Members: Ms Joan Hird
 Mr Raúl León-Thorne
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse by the United States to Article 22.6 of the DSU Communication from the Arbitrator
Date: 10 June 2008
Document codes: WT/DS322/30
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 by the United States to Article 22.6 of the DSU

Communication from the Arbitrator

 The following communication has been received, on 6 June 2008, from the delegation of the
United States and the delegation of Japan and addressed to Mr. Buencamino, Chairman of the
Arbitrator:

"Japan and the United States (the "Parti es") wish to thank you and the other
arbitrators for agreeing to serve in the above-referenced proceeding.
On 10 March 2008, the Parties decided on certain procedures under Articles 21 and
22 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU").1
Paragraph 2 of the Confirmed Procedures provides as follows:
Upon constitution of the arbitrator, the Parties will request the
arbitrator to suspend its work. The Parties confirm that this request
shall not be construed as a withdraw al by Japan of its request for
authorization as contained in documents and

Paragraph 1 of the Confirmed Procedures sets out the procedures to be followed to
initiate compliance proceedings under Article 21.5 of the DSU. On 7 April 2008,
Japan initiated compliance proceedings by f iling a request for the establishment of a
panel.
2
Paragraph 3 of the Confirmed Procedures provides as follows:
The arbitration will resume upon a request made by either Party following the
adoption by the DSB of the Article 21.5 Pane l report and, if any, the Appellate Body
report, if:
(a) The DSB finds that a measure taken to comply with the DSB's
23 January 2007 recommendations and rulings in this dispute
does not exist or is inconsistent with a covered agreement, or

1 (the "Confirmed Procedures").
2

(b) There is no disagreement between the Parties that a measure
taken to comply does not exist w ith regard to certain measures
subject to the DSB's 23 January 2007 recommendations and
rulings.
Accordingly, the Parties hereby request the Arbitrator to suspend its work."

 In accordance with the parties' joint request , the Arbitrator has suspended the arbitration
proceedings from 9 June 2008 until either party re quests their resumption under the circumstances
agreed between the parties on 10 March 2008.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 21.5 of the DSU by Japan Communication from the Chairman of the Panel
Date: 4 August 2008
Document codes: WT/DS322/31
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 21.5 of the DSU by Japan

Communication from the Chairman of the Panel

 The following communication, dated 1 August 2008, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated pur suant to Article 21.5 of the Dispute Settlement
Understanding (DSU).

 Article 21.5 of the DSU stipulates that a panel considering the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings of the DSB
shall circulate its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further states that wh en a panel considers that it cannot provide its
report within this time frame, it shall inform the DS B in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report.

 The matter – Recourse to
Article 21.5 of the DSU by Japan was referred to the original Panel by the DSB on 18 April 2008,
with the formalities in composing the Panel being completed on 28 May 2008.

 It will not be possible for the Panel to comple te its work in 90 days in light of scheduling
conflicts.

 The Panel expects to complete its work in April 2009.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 21.5 of the DSU by Japan Communication from the Appellate Body
Date: 20 July 2009
Document codes: WT/DS322/33
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 21.5 of the DSU by Japan

Communication from the Appellate Body

 The following communication, dated 14 July 2009, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settle ment 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 afte r 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 with in 60 days, it shall inform the Dispute Settlement
Body 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 Dispute Settlement Body on 20 May 2009 of its decision to
appeal certain issues of law covered in the Pane l Report and legal interpre tations developed by the
Panel in this case, with the result that the 60-day period expires on Monday, 20 July 2009. Due to the
time required for completion and translation of the Report, the Appellate Body will not be able to
circulate its Report by Monday, 20 July 2009. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members no later than Tuesday, 18 August 2009.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 21.5 of the DSU by Japan Communication from the Appellate Body
Date: 21 August 2009
Document codes: WT/DS322/34; WT/DS322/AB/RW.
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 21.5 of the DSU by Japan

Communication from the Appellate Body

 The following communication, dated 18 Augus t 2009, 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.

 It is my honour to provide to you the Report of the Appellate Body in United States –
Measures Relating to Zeroing and Sunset Review s – Recourse to Article 21.5 of the DSU by Japan ,
 It will be circulated to Memb ers of the at 4.00 p.m.
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. Giorgio Sacerdoti, as Presiding
Member, and Ms. Lilia Bautista and Ms. Yuejiao Zhang, as Members.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States
Date: 15 September 2009
Document codes: WT/DS322/36
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

Status Report by the United States

 The following communication, dated 14 Sept ember 2009, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
antidumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied," the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the anti-dumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.
The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 13 October 2009
Document codes: WT/DS322/36/Add.1
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

Status Report by the United States

Addendum

 The following communication, dated 12 Oc tober 2009, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
antidumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied," the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the anti-dumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.
The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 9 November 2009
Document codes: WT/DS322/36/Add.2
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

Status Report by the United States

Addendum

 The following communication, dated 6 November 2009, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in antidumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
antidumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied," the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the antidumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.
The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 11 December 2009
Document codes: WT/DS322/36/Add.3
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

Status Report by the United States

Addendum

 The following communication, dated 10 December 2009, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in anti-
dumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied," the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the anti-dumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.

The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 8 January 2010
Document codes: WT/DS322/36/Add.4
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

Status Report by the United States

Addendum

 The following communication, dated 7 January 2010, from the delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
anti-dumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied", the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the anti-dumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.
The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.
UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Status Report by the United States Addendum
Date: 8 February 2010
Document codes: WT/DS322/36/Add.5
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

Status Report by the United States

Addendum

 The following communication, dated 5 February 2010, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS322)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 23 January 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in (WT/DS322). At the
following DSB meeting, on 20 February 2007, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter. The United
States and Japan subsequently agreed that the r easonable period of time for the United States to
implement the recommendations and rulings of the DSB would end on 24 December 2007.

 On 6 March 2006, the US Department of Commerce published a notice requesting comments
on its intention to no longer perform average-to-a verage comparisons in anti-dumping investigations
without offsets. On 26 January 2007, the Departme nt published a notice that the date after which it
would no longer perform such comparisons would be 22 February 2007. Accordingly, as of
22 February 2007, the United States is no longer pe rforming average-to-average comparisons in
anti-dumping investigations without offsets.

 With respect to the one investigation that Japan challenged "as applied", the United States
issued a revised determination in connection with that investigation on 21 December 2007. On
20 May 2008, the Department published a notice of im plementation of the revised determination, in
which it calculated the anti-dumping duty margins with offsets.

 On 31 August 2009, the DSB adopted the Appella te Body report, and the panel report, as
modified by the Appellate Body report, regarding the recourse to Article 21.5 of the DSU by Japan.
The United States will continue to consult with in terested parties in order to address the findings
contained in these reports.