dean22029/WTO_Docs huggingface dataset:
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 22 May 2013
Document codes: WT/DS458/7; WT/DS458/1; G/L/1026; G/TBT/D/43; IP/D/33
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
 The following communication, dated 16 May 2013, from the delegation of the
European Union to the delegation of Australia, the delegation of Cuba and to the Chairperson of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This letter relates to a communication circulated to WTO Members on 7 May 2013
(, , , ) entitled Australia – Certain Measures concerning
Trademarks, Geographical Indications and other Plain Packaging Requirements Applicable to
Tobacco Products and Packaging, by which Cuba requests to hold consultations with Australia.
The consultations will touch upon issues concerning the balance between health and other
interests in domestic measures, under the prism of three WTO agreements: the TRIPS Agreement,
the TBT Agreement, and the GATT 1994. The Europe an Union attaches great importance to the
pursuit of policies aimed at tackling the negative health effects of tobacco consumption and it has
a d o p t ed m e as u r e s in t h a t r e g a r d . At th e s a m e time, the European Union is the world's leading
importer of raw tobacco, it imports significant volumes of manufactured tobacco, and it is the
largest exporter of cigars and cigarettes.
In view of the foregoing, and pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes , the European Union hereby notifies the
Governments of Australia, of Cuba and the Disp ute Settlement Body that, in the light of the
substantial trade interest of the European Union, it desires to be joined in the consultations
requested by Cuba.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Dominican Republic
Date: 22 May 2013
Document codes: WT/DS458/8
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from the Dominican Republic
 The following communication, dated 17 May 2013, from the delegation of the
Dominican Republic to the delegation of Australia, the delegation of Cuba and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I have received instructions from my country's authorities to request, pursuant to
Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
that the Dominican Republic be joined in the consultations requested by Cuba on 3 May 2013
regarding Australia-Certain Measures Concerning Trademarks, Geographical Indications and Other
Plain Packaging Requirements Applicable to Tobacco Products and Packaging (,
circulated on 7 May 2013).

The Dominican Republic is a major producer and exporter of tobacco products and therefore
has a substantial trade interest in these consultations.

The Dominican Republic looks forward to receiving Australia's response.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from Uruguay
Date: 21 May 2013
Document codes: WT/DS458/9
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL
INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from Uruguay
The following communication, dated 17 May 2013, from the delegation of Uruguay to the
delegation of Australia, the delegation of Cuba and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

With reference to the request for consultations by Cuba in the case Australia – Certain
Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging
Requirements Applicable to Tobacco Products and Packaging , circulated on 7 May 2013
(), I have the honour to inform you that my authorities have instructed me to notify
the consulting Members and the Dispute Settlement Body of Uruguay's wish, in the light of its
substantial trade interest and its position in relation to these consultations, to be joined
in the consultations pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from Brazil
Date: 22 May 2013
Document codes: WT/DS458/10
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from Brazil
 The following communication, dated 17 May 2013, from the delegation of Brazil to the
delegation of Australia, the delegation of Cuba 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 DSU, I would like to inform you that Brazil considers it has a
substantial trade interest in the following dispute: Australia — Certain Measures Concerning
Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to
Tobacco Products and Packaging (DS458).

In light of the above, I have been instructed to express Brazil's desire to be joined in the
consultations requested by the Cuba in docume nt I look forward to receiving
Australia's reply to this request.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from Guatemala
Date: 22 May 2013
Document codes: WT/DS458/11
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from Guatemala
 The following communication, dated 17 May 2013, from the delegation of Guatemala to the
delegation of Australia, the delegation of Cuba and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

In accordance with Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (the "DSU"), the Government of Guatemala hereby notifies its desire to
join in the consultations requested by Cuba concerning certain Australian laws and regulations that
impose trademark restrictions and other plain packaging requirements on tobacco products and
packaging.
The request for consultations to Australia from Cuba, dated 3 May 2013, was circulated to
the WTO Members on 7 May 2013 as document , , ,
Guatemala has a substantial trade interest in these consultations, as it exports more than
US$ 54 millions of tobacco and tobacco products. Additionally, Guatemala has a systemic interest
in public health issues; in particular, how Members reconcile their obligations under the WTO
Agreements and the achievement of their own legitimate objectives.
A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with a
request that it be circulated to the Members. Look ing forward to hearing from you at your earliest
convenience, I would like to take this opportunity to thank you for considering this request.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING REQUEST TO JOIN CONSULTATIONS
Document: Communication from Nicaragua
Date: 22 May 2013
Document codes: WT/DS458/12
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
REQUEST TO JOIN CONSULTATIONS
Communication from Nicaragua
 The following communication, dated 17 May 2013, from the delegation of Nicaragua to the
delegation of Australia, the delegation of Cuba 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 Nicaragua hereby notifies to Australia, Cuba and
Dispute Settlement Body its interest to join the consultations requested by the Government of
Cuba under Articles 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, Articles 2.1, 3.1, 15, 20, 22.2 (b), 24.3, and 16 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (the "T RIPS Agreement"), Article 2.1 and 2.2 of the
Agreement on Technical Barriers to Trade (the "TBT Agreement"), and Articles III.4 and IX.4 and
of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994") concerning certain
Australian laws and regulations that impose trademark restrictions and other plain packaging
requirements on tobacco products and packaging (the "measures").

Our country has a substantial trade interest in these consultations as manufacturer of cigars
which represent one of the most important exports to Nicaragua and the Australian measures will
undermine the competitive opportunities having also a negative impact in the production and
employment in this sector. Nicaragua respectfully asks that its substantial trade interests in these
consultations be recognized.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING ACCEPTANCE BY AUSTRALIA OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY AUSTRALIA OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 4 June 2013
Document codes: WT/DS458/13
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
ACCEPTANCE BY AUSTRALIA OF THE REQUESTS TO JOIN CONSULTATIONS
Brazil, Canada, the Dominican Republic, the European Union, Guatemala, Honduras,
New Zealand, Nicaragua, Norway, Ukraine and Uruguay notified the Dispute Settlement Body
(DSB) of their desire to be joined in the consultations requested by Cuba, pursuant to Article 4.11
of the DSU.
The delegation of Australia informed the DSB th at it had accepted the requests of Brazil,
Canada, the Dominican Republic, the European Union, Guatemala, Honduras, New Zealand,
Nicaragua, Norway, Ukraine and Uruguay to join the consultations.
AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE
FABRIQUE OU DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES
ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE
Nouvelle-Zélande, la République dominicaine, l'Ukraine, l'Union européenne et l'Uruguay ont fait
savoir à l'Organe de règlement des différends (ORD) qu'ils souhaitaient être admis à participer aux
règlement des différends.
La délégation de l'Australie a informé l'ORD qu'elle avait accepté les demandes de
européenne et l'Uruguay.
AUSTRALIA - DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS
DE FÁBRICA O DE COMERCIO, INDICACIONES GEOGRÁFICAS Y
OTRAS PRESCRIPCIONES DE EMPAQUETADO GENÉRICO
APLICABLES A LOS PRODUCTOS DE TABACO Y AL
EMPAQUETADO DE ESOS PRODUCTOS
República Dominicana, Ucrania, la Unión Europea y el Uruguay notificaron al Órgano de Solución
de Diferencias (OSD) su deseo de ser asociados a las consultas solicitadas por Cuba, de
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 14 October 2014
Document codes: WT/DS458/17
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 10 October 2014, 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 in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS458)
was established by the DSB on 25 April 2014 and composed on 5 May 2014.

The Panel expects to issue its final report to the parties not before the first half of 2016, in
accordance with the timetable adopted by the Pa nel on 17 June 2014 on the basis of a draft
timetable proposed by the parties.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 30 June 2016
Document codes: WT/DS458/19
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE PANEL
The following communication, dated 29 June 2016, 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 in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS458)
was established by the DSB on 25 April 2014 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before the
end of 2016, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 6 December 2016
Document codes: WT/DS458/20
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 1 December 2016, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing th e 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 in dicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Produ cts and Packaging (WT/DS458)
was established by the DSB on 25 April 2014 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016". On 29 June 2016, the Panel communicated
to the DSB that it "expect[ed] to issue its final report to the parties not before the end of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before
May 2017, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 21 September 2017
Document codes: WT/DS458/21
Complainant: Cuba
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, Dominican, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Uruguay, Zimbabwe, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 3.1, 15.1, 15.4, 16.1, 16.3, 17, 22.2(b), 20, 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4, IX  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 21 September 2017, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the pe riod in w hich 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 con siders that it cannot issue its report
within six months, it shall inform the D ispute 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 Australia – Certain Measures Concerning Trademarks, Geographical
Indications and Other Plain Packaging Requirements Applicable to Tobacco Produ cts and
Packaging (WT/DS458) was establ ished by the DSB on 25 April 2014 and composed on
5 May 2014.
On 6 December 2016 , the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before May 2017".
In light of the co mplexity of the legal and factual issues that have arisen in this dispute, t he
Panel wishes to advise th at it now expects to issue its final r eport to the parties by the end of
the third quarter of 2017.
I would be grateful if you would circulate this lett er to the Members of the DSB.
CHINA - MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION REQUEST TO JOIN CONSULTATIONS
Document: Communication from Japan
Date: 1 July 2013
Document codes: WT/DS460/2
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
REQUEST TO JOIN CONSULTATIONS
Communication from Japan
 The following communication, dated 27 June 2013, from the delegation of Japan to the
delegation of China, 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
Article XXII:1 of the General Agreement on Tari ff and Trade 1994 and Article 17.2 of the Anti-
Dumping Agreement in the communication circulated to WTO Members on 18 June 2013
(WT/DS460, , ) titled "China – Measures Imposing Anti-Dumping Duties on
Certain High-Performance Stainless Steel Seamless Tubes from the European Union" . My
authorities have instructed me to notify the consulting Member 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 Understanding on Rules and Procedures Governing the Settlement of Disputes.

 Japan has a substantial trade interest in these consultations. The products subject to the
measure at issue are "high-performance stainless steel seamless tubes" which Japan also exports
to the People's Republic of China
1. These consultations further concern insufficient explanation and
unfulfilled obligation of transparency and procedures in the same anti-dumping measures by China
as set out in Ministry of Commerce of the People's Republic of China Notice No. 21 [2012] and
Notice No. 72 [2012] which Japan has challenged in the dispute "China – Measures Imposing Anti-
Dumping Duties on High-Performance Stainless Steel Seamless Tubes from Japan(DS454)".

China amounts to 72 million US dollars in 2011.
CHINA - MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION ACCEPTANCE BY CHINA OF THE REQUEST TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY CHINA OF THE REQUEST TO JOIN CONSULTATIONS
Date: 11 July 2013
Document codes: WT/DS460/3
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
ACCEPTANCE BY CHINA OF THE REQUEST TO JOIN CONSULTATIONS
 Japan notified the Dispute Settlement Body (DSB) of its desire to be joined in the
consultations requested by the European Union, pursuant to Article 4.11 of the DSU.

 The delegation of China informed the DSB that it had accepted the request of Japan to join
the consultations.

SANS SOUDURE, EN ACIER INOXYDABLE HAUTE PERFORMANCE
("HP-SSST") EN PROVENANCE DE L'UNION EUROPÉENNE
AUX CONSULTATIONS
 Le Japon a fait savoir à l'Organe de règlement des différends (ORD) qu'il désirait être admis
à participer aux consultations demandées par l'Union européenne, conformément à l'article 4:11

INOXIDABLE PARA ALTAS PRESTACIONES
Unión Europea.

 La delegación de China ha informado al OSD de que ha aceptado la solicitud de asociación a
CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION
Document: CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION Note by the Secretariat
Date: 11 September 2013
Document codes: WT/DS460/5; WT/DS460/4
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

CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Note by the Secretariat
1. At its meeting on 30 August 2013, 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 Procedures Governing the Settlement of Disputes.

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 matter referred t o 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. Following the agreement of the parties, the Panel was composed on 11 September 2013 as
follows:

 Chairperson: Mr Miguel Rodríguez Mendoza

 Members: Ms Stephanie Sin Far Lee
 Mr Gustav Francois Brink

4. India; Japan; Korea; Saudi Arabia, Kingdom of; Turkey and the United States have reserved
their rights to participate in the Panel proceedings as third parties.
CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT Revision
Date: 25 September 2013
Document codes: WT/DS460/5/Rev.1; WT/DS460/4
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
CONSTITUTION OF THE PANEL ESTABLISHED AT THE
REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
Revision
1. At its meeting on 30 August 2013, the Disp ute 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 Procedures Governing the Settlement of Disputes.

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. Following the agreement of the parties, the Panel was composed on 11 September 2013 as
follows:

 Chairperson: Mr Miguel Rodríguez Mendoza

 Members: Ms Stephanie Sin Far Lee
 Mr Gustav Francois Brink

4. India; Japan; Korea; Russian Federation
1; Saudi Arabia, Kingdom of; Turkey and the
United States have reserved their rights to participate in the Panel proceedings as third parties.
CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION APPELLATE BODY REPORT AND PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 30 October 2015
Document codes: WT/DS460/12; WT/DS460/AB/R; WT/DS460/AB/R/Add.1; WT/DS460/R; WT/DS460/R/Add.1
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
APPELLATE BODY REPORT AND PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 28 October 2015, the Disput e Settlement Body adopted the Appellate Body
report on China – Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel
Seamless Tubes ("HP-SSST") from the Europen Union ( and
) and the Panel report ( and ), as modified
by the Appellate Body report. The Panel report sh ould be read in conjunction with the Appellate
Body report.

SOUDURE, EN ACIER INOXYDABLE HAUTE PERFORMANCE ("HP SSST")
EN PROVENANCE DE L'UNION EUROPÉENNE
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL
À sa réunion du 28 octobre 2015, l'Organe de règlement des différends a adopté le rapport de
soudure, en acier inoxydable haute performance ("HP SSST") en provenance de
Groupe spécial doit être lu conjointement avec celui de l'Organe d'appel.

Actuación del Órgano de Solución de Diferencias
En su reunión de 28 de octubre de 2015, el Órgano de Solución de Diferencias adoptó el informe
procedentes de la Unión Europea (WT/DS460/AB/R y WT/DS460/AB/R/Add.1) y el informe del
Apelación.
CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP"/SSST") FROM THE EUROPEAN UNION COMMUNICATION FROM CHINA AND THE EUROPEAN UNION CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 11 December 2015
Document codes: WT/DS460/13
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
COMMUNICATION FROM CHINA AND THE EUROPEAN UNION CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, dated 9 December 2015, from the delegation of China and the
delegation of the European Union to the Chairper son of the Dispute Settlement Body, is circulated
at the request of these delegations.

At its meeting on 28 October 2015, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute China — Measures Imposing Anti-Dumping Duties on
High-Performance Stainless Steel Seamless Tubes ("HP/SSST") from the European Union (DS460).
At the meeting of the DSB held on 25 November 2015, China announced its intention to implement
the DSB's recommendations and rulings in this dispute and stated that it would need a reasonable
period of time in which to do so.
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be de termined "through binding arbitration within 90
days after the date of adoption of the recommendations and rulings."
In order to allow sufficient time for the parties to discuss a mutually agreed period, China and the
European Union (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties, considers that additional
time is required; and (ii) hereby confirm that an y award of the arbitrator (including an award not
made within 90 days after the date of adoption of the DSB 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 China to implement the recommendations and
rulings of the DSB.
We respectfully request that you circulate this notification to the Members of the DSB.
CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 23 February 2016
Document codes: WT/DS460/14
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
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 19 February 2016, from the delegation of China and the
delegation of the European Union to the Chairper son 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 Disputes ("DSU"), China and the European Union have
agreed that the reasonable period of time for China to implement the recommendations and
rulings of the Dispute Settlemen t Body ("DSB") in the dispute China – Measures Imposing
Anti-Dumping Duties on High-Performance Stai nless Steel Seamless Tubes ("HP-SSST") from the
European Union (WT/DS460) shall be 9 months and 25 days from the 28 October 2015 date of
adoption of the DSB recommendations and rulings. Accordingly, the reasonable period of time
expires on 22 August 2016.

We request that you circulate this notification to the Members of the DSB.
COLOMBIA – MEASURES RELATING TO THE IMPORTATION OF TEXTILES, APPAREL AND FOOTWEAR REQUEST TO JOIN CONSULTATIONS
Document: Communication from Guatemala
Date: 2 July 2013
Document codes: WT/DS461/2
Complainant: Panama
Respondent: Colombia
Third parties: Ecuador, El Salvador, EU, China, Guatemala, Honduras, U.S., Philippines
Dispute stage: Implementation & Compliance
Agreements cited: Art. II:1(b), II:1(a), VIII:1, X:3(a)  GATT 1994

COLOMBIA – MEASURES RELATING TO THE IMPORTATION OF
TEXTILES, APPAREL AND FOOTWEAR
REQUEST TO JOIN CONSULTATIONS
Communication from Guatemala
The following communication, dated 28 June 2013, from the delegation of Guatemala
to the delegation of Colombia, the delegation of Panama 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 Panama's request for consultations in Colombia - Measures Relating
to the Importation of Textiles, Apparel and Footwear (DS461).

Textiles and apparel production is one of the most important sectors
for the Guatemalan economy. It generates some 90,000 direct and indirect jobs, 46% of which
are held by women. As an economic activity, the sector accounts for 4% of domestic production
and 21% of industrial production and is the second largest in terms of exports.

It is Guatemala's understanding that the measures questioned by Panama
do not affect Guatemalan exports, since Colombia excluded from the application of these measures
any imports originating in countries with which it has existing free trade agreements.

Nevertheless, Guatemala has a systemic interest in this dispute and wishes to join
the consultations. Guatemala is interested to know Panama's and Colombia's views regarding
the interpretation of the provisions cited in the legal basis for the complaints.

We hope that Colombia will accord sympathetic consideration to the present representations
made by Guatemala. Guatemala and Colombia share the desire to enhance the rights
of third parties and together promote increased third party participation in the dispute
settlement mechanism.
COLOMBIA – MEASURES RELATING TO THE IMPORTATION OF TEXTILES, APPAREL AND FOOTWEAR CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF PANAMA NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 16 January 2014
Document codes: WT/DS461/4; WT/DS461/3; WT/DS461/3
Complainant: Panama
Respondent: Colombia
Third parties: Ecuador, El Salvador, EU, China, Guatemala, Honduras, U.S., Philippines
Dispute stage: Implementation & Compliance
Agreements cited: Art. II:1(b), II:1(a), VIII:1, X:3(a)  GATT 1994

COLOMBIA – MEASURES RELATING TO THE IMPORTATION
OF TEXTILES, APPAREL AND FOOTWEAR
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF PANAMA
NOTE BY THE SECRETARIAT
1. At its meeting on 25 September 2013, the Dispute Settlement Body (DSB) established a
panel pursuant to the request of Panama in document , in accordance with Article 6 of
the Understanding on Rules and Procedures 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 Panama 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 20 December 2013, Panama requested 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 15 January 2014, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Elbio Rosselli

 Members: Mr Carlos Véjar Borrego
 Mr Fabián Villarroel Ríos

5. China, Ecuador, El Salvador, the European Union, Guatemala, Honduras, the Philippines and
the United States have reserved their rights to participate in the Panel proceedings as third
parties.
COLOMBIA – MEASURES RELATING TO THE IMPORTATION OF TEXTILES, APPAREL AND FOOTWEAR COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 6 November 2014
Document codes: WT/DS461/5
Complainant: Panama
Respondent: Colombia
Third parties: Ecuador, El Salvador, EU, China, Guatemala, Honduras, U.S., Philippines
Dispute stage: Implementation & Compliance
Agreements cited: Art. II:1(b), II:1(a), VIII:1, X:3(a)  GATT 1994

COLOMBIA – MEASURES RELATING TO THE IMPORTATION
OF TEXTILES, APPAREL AND FOOTWEAR
COMMUNICATION FROM THE PANEL
The following communication, dated 4 November 20 14, 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 Procedures 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 referenc e 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 Colombia – Measures Relating to the Importation of Textiles, Apparel and
Footwear (WT/DS461) was established by the DSB on 25 September 2013 and composed
on 15 January 2014.

The start of the proceedings was deferred owing to the unavailability of senior Secretariat lawyers.
The Panel therefore expects to issue its final report to the parties in August 2015 at the latest.