UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Procedural Agreement between the United States and Brazil
Date: 23 July 2002
Document codes: WT/DS259/9
Complainant: Brazil
Respondent: U.S.
Third parties: Canada, Taiwan, Cuba, Mexico, Thailand, Turkey, Venezuela
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4  SafeguardsArt. XIX:1, X:3  GATT 1994Art. 2.2, 3  SafeguardsArt. I:1  GATT 1994Art. 5  SafeguardsArt. XVI  Agreement Establishing the World Trade Organization  Agreement Establishing the World Trade Organization

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Procedural Agreement between the United States and Brazil
The following communication, dated 18 July 2002, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated at the request of the
United States on behalf of the United States and Brazil.
Outline of a Scheme to Allow Consideration of Brazil's Complaint
by a Single Panel
The European Communities, Japan, Korea, China, Switzerland, Norway, and New Zealand
have requested the establishment of panels to ex amine their complaints against the U.S. definitive
safeguard measures of 5 March on imports of certain steel products (DS248, DS249, DS251, DS252,
DS253, DS254 and DS258).
Brazil (DS259) has also initiated dispute settlement proceedings against the same measure
and held consultations with the United States on 13 June 2002.
Brazil and the United States have reached the following agreement:
Arrangements for the meetings of the DSB:
Following consultations held on 13 June, Brazil and the United States jointly consider that
consultations have failed to settle the dispute so that request for the establishment of a panel can be
made before the expiry of 60 days from the date of the request for consultations. The united States
will not oppose the acceptance of Brazil's request for the establishment of a panel at the meting of the
DSB at which this request is considered for the first time (which will be on 29 July 2002);
Pursuant to DSU Article 9.1, Brazil and the United States agree that Brazil's complaint should
be referred to the Panel established on 3 June in the case DS248 by adapting the terms of reference for
that panel to include Brazil's complaint.
Arrangements for the composition of the Panel:
In order to ensure that the view of all parties to the dispute are taken into consideration for the
selection of panelists, the Secretariat will be requested to allow the full participation of all parties in
the ongoing selection process, irrespective of the stage of the process.

Arrangements for the Panel proceedings:
The working procedures for the proceeding and its timetable are matters to be decided by the
Panel itself after consultation of the parties to the dispute. Brazil and the United States will however
request the Panel to agree to the following:
- The first written submissions of the complaining parties shall be submitted at the
same time, five weeks after the composition of the panel;
- The United States shall be allowed five weeks for the submission of its first written
submission;
- The parties shall be allowed at least four weeks for the simultaneous submission of
their second written submissions after the first meeting with the Panel.
Miscellaneous:
Brazil and the United States agree to continue to co-operate in all matters related to this
agreement and not to raise any procedural objections to any of the steps set out in this agreement. If
during the application of this agreement Brazil and the United States consider that a procedural aspect
has not been properly covered by this agreement, they will endeavour to find a solution within the
shortest time possible that will not affect the other aspects and steps therein agreed.
Luiz Felipe de Seixas Corrêa
Ambassador
Permanent Mission of Brazil
Linnet F. Deily
Ambassador
Permanent Mission of the United States