dean22029/WTO_Docs huggingface dataset:
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Communication from the Appellate Body
Date: 3 December 2007
Document codes: WT/DS332/11; WT/DS332/AB/R.
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Communication from the Appellate Body

 The following communication, dated 3 Decemb er 2007, 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 , It will be circulated to Members of the
 at 4 p.m. today, in acco rdance 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. Georges Abi-Saab, as Presiding Member, and Mr. Luiz Olavo Bap tista and Mr. Yasuhei
Taniguchi, as Members.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Extension of Time Period under Article 21.3(c) of the DSU
Date: 13 February 2008
Document codes: WT/DS332/13
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Extension of Time Period under Article 21.3(c) of the DSU

 The following communication, dated 11 February 2008, from the delegation of Brazil and the
delegation of the European Communities to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(c) of the DSU.

 On 17 December 2007, the Dispute Sett1em ent Body (DSB) adopted the Appellate Body
report and the Panel report, as modified by the Appellate Body Report, in (WT/DS332). At the meeting of the DSB held on 15 January 2008, Brazil
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 reasonable period of time for implementation.

 Article 21.3(c) of the DSU provides that, in the 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." In order to allow
sufficient time for the parties for further discussi ons, the EC and Brazil (i) have agreed that any
arbitrations under Article 21.3(c) of the DSU shall be completed no later than 60 days after the date of
the appointment of an arbitrator, unless the arb itrator, following consultation with the parties,
considers that additional time is re quired; and (ii) hereby confirm that any award of the arbitrator
(including awards 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 Brazil to implement the recommendations and
rulings of the DSB.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Appointment of Arbitrator by the Director-General under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Note by the Secretariat On 26 June 2008, pursuant to the request received on 16 June 2008 from the European Communities, the Director-General appointed Mr. Yasuhei Taniguchi to act as arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes in the matter Brazil – Measures Affecting Imports of Retreaded Tyres .  Mr. Taniguchi accepted this appointment by letter dated 30 June 2008 to the European Communities and Brazil.
Date: 2 July 2008
Document codes: WT/DS332/15
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Appointment of Arbitrator by the Director-General under Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes

Note by the Secretariat

 On 26 June 2008, pursuant to the request received on 16 June 2008 from the European
Communities, the Director-General appointed Mr. Yasuhei Taniguchi to act as arbitrator under
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
in the matter . Mr. Taniguchi accepted this
appointment by letter dated 30 June 2008 to the European Communities and Brazil.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 2 September 2008
Document codes: WT/DS332/17; WT/DS332/16
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Arbitration under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

 The following communication, dated 29 August 2008, from the arbitrator, Mr. Yasuhei
Taniguchi, to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide you with a copy of my Arbitration Award in (), pursuant to Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes . It was circulated to
Members of the today.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Status Report by Brazil Addendum
Date: 9 June 2009
Document codes: WT/DS332/19/Add.3
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Status Report by Brazil

Addendum

 The following communication, dated 8 June 2009, from the delegation of Brazil 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/DS332)

1. Brazil submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.
2. On 17 December 2007, the Dispute Settlement Body ("DSB") adopted the Panel and the
Appellate Body reports in ( WT/DS332). At
the DSB meeting on 15 January 2008, Brazil informed the DSB of its intention to implement the
recommendations and rulings of the DSB. At the same meeting, Brazil stated that it would need a
"reasonable period of time" to do so, according to Article 21.3 of the DSU.
3. In January 2008, Brazil and the EC initia ted discussions with a view to agreeing on a
"reasonable period of time". The matter was refe rred to arbitration by the EC pursuant to
Article 21.3(c) of the DSU on 4 June 2008. The Ar bitrator was composed by the Director-General on
26 June 2008. The arbitration award, circulated on 29 August 2008, established that the reasonable
period of time for the implementation was 12 months.
4. As announced in Brazil's first status report in this dispute (), the judgment of
the Supreme Court's judicial action brought by Braz il's Executive Branch in the form of an Allegation
of Violation of Fundamental Precept (ADPF 101) with the objective to seek a final ruling to prevent
lower courts from issuing preliminary injunctions allo wing imports of used tyres in Brazil, as well as
to revoke injunctions already granted, was initia ted on 11 March 2009. The Reporting Judge's vote,
widely favourable to the request of the Executiv e Branch, acknowledged the relevance of the import
ban on used tyres to Brazil's comprehensive strategy to deal with waste tyres.
5. As Brazil anticipated in its third status re port, the proceedings before the Supreme Court
concerning ADPF 101 will be resumed in the next few days, following the review of the record of the

case by one of the 11 Justices of the Court, comple ted on 21 May 2009. Details on the record of the
judicial action can be found at the following website:
http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?numero=101&classe=ADPF&orige
m=AP&recurso=0&tipoJulgamento=M
6. As stated in previous opportunities, Brazil believes that the judgment of ADPF 101
constitutes a fundamental step in the strengthening of Brazil's environmental policy concerning tyres,
as well as for the implementation of the recommendations and rulings of the DSB in this dispute.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Status Report by Brazil Addendum
Date: 21 August 2009
Document codes: WT/DS332/19/Add.5
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Status Report by Brazil

Addendum

 The following communication, dated 20 August 2009, from the delegation of Brazil 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/DS332)

1. Brazil submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

2. On 17 December 2007, the Dispute Settlement Body ("DSB") adopted the Panel and the
Appellate Body reports in ( WT/DS332). At
the DSB meeting on 15 January 2008, Brazil informed the DSB of its intention to implement the
recommendations and rulings of the DSB. At the same meeting, Brazil stated that it would need a
"reasonable period of time" to do so, according to Article 21.3 of the DSU.

3. In January 2008, Brazil and the EC initia ted discussions with a view to agreeing on a
"reasonable period of time". The matter was refe rred to arbitration by the EC pursuant to
Article 21.3(c) of the DSU on 4 June 2008. The Ar bitrator was composed by the Director-General on
26 June 2008. The arbitration award, circulated on 29 August 2008, established that the reasonable
period of time for the implementation was 12 months.

4. As announced in Brazil's previous status re port in this dispute (), on
24 June 2009 Brazil's Supreme Court found that th e importation of used tyres violates fundamental
precepts enshrined in Brazil's Constitution, includi ng the rights to health and to a balanced
environment. Thus, lower courts' decisions authoriz ing the importation of used tyres into Brazil have
lost their legal effects.

5. The Supreme Court's decision was sought by the Executive Branch in order to enhance
Brazil's environmental and public health policy rela ting to the risks associated with the generation,
transportation and accumulation of used tyres. As Br azil explained in its previous status report, such
decision constitutes a major step taken by Brazil to achieve full compliance with the
recommendations and rulings adopted by the DSB in this dispute.
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 19 December 2007
Document codes: WT/DS332/12; WT/DS332/AB/R; WT/DS332/R
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 17 December 2007, the Dis pute Settlement Body adopted the Appellate
Body report on () and the
Panel report (), as modified by the Appe llate Body report. Th e Panel report should be
read in conjunction with the Appellate Body report.

BRÉSIL – MESURES VISANT L'IMPORTATION DE PNEUMATIQUES RECHAPÉS

Rapport de l'Organe d'appel et rapport du Groupe spécial

de l'Organe d'appel intitulé Brésil – Mesures visant l'importation de pneumatiques rechapés
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

DE NEUMÁTICOS RECAUCHUTADOS

Actuación del Órgano de Solución de Diferencias

 En su reunión de 17 de diciembre de 2007, el Órgano de Solución de Diferencias adoptó el
BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Request by the European Communities for Arbitration under Article 21.3(c) of the DSU
Date: 9 June 2008
Document codes: WT/DS332/14
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Request by the European Communities for Arbitration under Article 21.3(c) of the DSU

 The following communication, dated 4 June 2008, from the delegation of the European
Communities to the Chairperson of the Dispute Settlement Body, is circulated at the request of that
delegation.

 On 17 December 2007, the Dispute Settlement Body adopted the Appellate Body report and
the Panel report, as modified by the Appellate Body report in Brazil – Measures A ffecting Imports of
Retreaded Tyres (WT/DS332). In the absence of an agreement with Brazil under Article 21.3(b) of
the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU") on a
reasonable period of time to comply with the reco mmendations and rulings of the DSB, and pursuant
to the procedural agreement entered between the pa rties 11 February 2008 regarding the extension of
time-period under Article 21.3(c) of the DSU, the European Communities (hereafter the complaining
party) hereby requests that such period be dete rmined through binding arbitration pursuant to
Article 21.3(c) of the DSU.

 The complaining party will enter into consu ltations with Brazil with a view to reaching
agreement on the arbitrator within the time period provided for in footnote 12 of the DSU.
DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING IMPORTS FROM COSTA RICA
Document: Request to Join Consultations Communication from Guatemala
Date: 30 September 2005
Document codes: WT/DS333/2
Complainant: Costa Rica
Respondent: Dominican
Dispute stage: Consultation
Agreements cited: Art. II:1  GATT 1994

DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING
IMPORTS FROM COSTA RICA

Request to Join Consultations

Communication from Guatemala

 The following communication, dated 28 September 2005, from the delegation of Guatemala
to the delegation of the Dominican Republic, the dele gation of Costa Rica and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by the authorities of my country to notify that, pursuant to Article 4.11
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the
Government of Guatemala wishes to be joined in the consultations requested by the Government of
Costa Rica with the Government of the Domi nican Republic under Article 4 of the DSU and
Article XXII:1 of the General Agreement of Tariffs and Trade (GATT) 1994.
 The communication sent by the Government of Costa Rica to the Government of the
Dominican Republic on 12 September 2005 was circulated to WTO Members on 19 September 2005
as document

 Accordingly, the Government of Guatemala, as a major exporter to the Dominican Republic,
would like to reiterate its substantial trade interest in this dispute, and hence its wish to be joined in
these consultations.
 The Government of Guatemala looks forward to receiving information concerning the date
and venue of these consultations.
DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING IMPORTS FROM COSTA RICA
Document: Request to Join Consultations Communication from El Salvador
Date: 3 October 2005
Document codes: WT/DS333/3
Complainant: Costa Rica
Respondent: Dominican
Dispute stage: Consultation
Agreements cited: Art. II:1  GATT 1994

DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING
IMPORTS FROM COSTA RICA

Request to Join Consultations

Communication from El Salvador

 The following communication, dated 29 Septem ber 2005, from the delegation of El Salvador
to the delegation of the Dominican Republic, the dele gation of Costa Rica and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by the authorities of my country to notify that, pursuant to Article 4.11
of the Understanding on Rules and Procedures Gove rning the Settlement of Disputes (DSU), the
Government of El Salvador wishes to be joined in the consultations requested by the Government of
Costa Rica with the Government of the Domi nican Republic under Article 4 of the DSU and
Article XXII:1 of the General Agreement of Tariffs and Trade (GATT) 1994.
 The communication sent by the Government of Costa Rica to the Government of the
Dominican Republic on 12 September 2005 was circulated to WTO Members on 19 September 2005
as document

 Accordingly, the Government of El Salvador , as a major exporter to the Dominican Republic,
would like to reiterate its substantial trade interest in this dispute, and hence its wish to be joined in
these consultations.
 The Government of El Salvador looks forwar d to receiving information concerning the date
and venue of these consultations.
DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING IMPORTS FROM COSTA RICA
Document: Acceptance by the Dominican Republic of the Requests to Join Consultations El Salvador and Guatemala notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by Costa Rica, pursuant to Article 4.11 of the DSU. The delegation of the Dominican Republic info rmed the DSB that it had accepted the requests of El Salvador and Guatemala to join the consultations. RÉPUBLIQUE DOMINICAINE – COMMISSION DE CHANGE TOUCHANT LES IMPORTATIONS EN PROVENANCE DU COSTA RICA
Date: 7 October 2005
Document codes: WT/DS333/4
Complainant: Costa Rica
Respondent: Dominican
Dispute stage: Consultation
Agreements cited: Art. II:1  GATT 1994

DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING
IMPORTS FROM COSTA RICA

Acceptance by the Dominican Republic of the Requests to Join Consultations

 El Salvador and Guatemala notified the Dispute Settlement Body (DSB) of their desire to be
joined in the consultations requested by Costa Rica, pursuant to Article 4.11 of the DSU.

 The delegation of the Dominican Republic info rmed the DSB that it had accepted the requests
of El Salvador and Guatemala to join the consultations.

RÉPUBLIQUE DOMINICAINE – COMMISSION DE CHANGE TOUCHANT LES
IMPORTATIONS EN PROVENANCE DU COSTA RICA

qu'ils désiraient être admis à participer aux cons ultations demandées par le Costa Rica, conformément

IMPORTACIONES PROCEDENTES DE COSTA RICA

solicitudes de asociación a las consultas

 El Salvador y Guatemala notificaron al Órgano de Solución de Diferencias (OSD) su deseo de
artículo 4 del ESD.
DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING IMPORTS FROM COSTA RICA
Document: Request for Consultations by Costa Rica
Date: 19 September 2005
Document codes: WT/DS333/1; G/L/745
Complainant: Costa Rica
Respondent: Dominican
Dispute stage: Consultation
Agreements cited: Art. II:1  GATT 1994

DOMINICAN REPUBLIC – FOREIGN EXCHANGE FEE AFFECTING
IMPORTS FROM COSTA RICA

Request for Consultations by Costa Rica

 The following communication, dated 12 Sept ember 2005, from the delegation of Costa Rica
to the delegation of the Dominican Republic and to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.

 Costa Rica hereby requests consultations with the Dominican Republic pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and
Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) with respect to the
following issue:

 - Collection by the Dominican Republic of a foreign exchange fee of 13 per cent
calculated on the exchange rate for fore ign currency sales applied to imports,
including imports from Costa Rica, pursuant to the decisions of the Monetary Board
of the Central Bank of the Domini can Republic dated 24 January 1991,
20 August 2002, 22 October 2003 and 23 December 2004, and any subsequent
amendments thereto or related decisions. Costa Rica considers the said foreign
exchange fee to be a charge imposed on or in connection with importation within the
meaning of Article II.1(b) of the GATT as regards "other duties and charges", and
hence to be inconsistent with that provision, among others.

 I look forward to receiving your reply to this request and to setting a mutually convenient date
for the consultations.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Request to Join Consultations Communication from Australia
Date: 17 November 2005
Document codes: WT/DS334/2
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Request to Join Consultations

Communication from Australia

 The following communication, dated 16 Novemb er 2005, from the delegation of Australia to
the delegation of Turkey, the delegation of the Un ited States and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the Government of Turkey that, in
light of the substantial trade interest of Australia, it desires to be joined in the consultations requested
by the United States in the communication entitled and circulated to WTO Members on 7 November 2005 ().

 As a significant global exporter of rice, includi ng to Turkey, Australia has a substantial trade
interest in the measures cited in

 Australia looks forward to receiving your reply.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Request to Join Consultations Communication from Thailand
Date: 18 November 2005
Document codes: WT/DS334/3
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Request to Join Consultations

Communication from Thailand

 The following communication, dated 16 Novemb er 2005, from the delegation of Thailand to
the delegation of Turkey, the delegation of the Un ited States and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the Kingdom of Thailand hereby notifies the consulting
parties and the Dispute Settlement Body of its desire to be joined in the consultations requested by the
United States in a communication circulated to WTO Members on 7 November 2005 ().

 As a significant global exporter of rice, in cluding to the Turkish market, the Kingdom of
Thailand has a substantial trade and systemic interest in the subject of the United States' consultations
request. It is the Kingdom of Thailand's understandi ng that its exports of rice to the Turkish market
are being affected by the measures cited by the Unite d States in its request for consultations. Hence,
the Kingdom of Thailand requests to be joined in th e consultations requested by the United States in
this matter.

 I look forward to receiving confirmation of r eceipt and acceptance of this request, and advice
regarding the timing and venue for these consultations.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 1 August 2006
Document codes: WT/DS334/5; WT/DS334/4; WT/DS334/4
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Constitution of the Panel Established at the Request of the United States

Note by the Secretariat

1. At its meeting on 17 March 2006, the Disput e Settlement Body (DSB ) established a Panel
pursuant to the request of the United States in document , in accordance with Article 6 of
the DSU (WT/DSB/M/207).

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 United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 20 July 2006, the United States request ed the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall 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 31 July 2006, the Director-General accordingly composed the Panel as follows:

Chairperson: Ms Marie-Gabrielle Ineichen-Fleisch

 Members: Mr Johann Frederick Kirsten
 Mr Yoichi Suzuki

5. Argentina, Australia, China, Egypt, the European Communities, Korea and Thailand have
reserved their rights to participate in the Panel proceedings as a third party.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat Revision
Date: 1 September 2006
Document codes: WT/DS334/5/Rev.1; WT/DS334/4; WT/DS334/4
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Constitution of the Panel Established at the Request of the United States

Note by the Secretariat

Revision

1. At its meeting on 17 March 2006, the Disput e Settlement Body (DSB ) established a Panel
pursuant to the request of the United States in document , in accordance with Article 6 of
the DSU (WT/DSB/M/207).

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 United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 20 July 2006, the United States request ed the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall 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 31 July 2006, the Director-General accordingly composed the Panel as follows:

Chairperson: Ms Marie-Gabrielle Ineichen-Fleisch

 Members: Mr Johann Frederick Kirsten
 Mr Yoichi Suzuki

5. Argentina, Australia, China, Egypt, th e European Communities, Korea, Pakistan
1 and
Thailand have reserved their rights to participate in the Panel proceedings as third parties.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Communication from the Chair of the Panel
Date: 6 February 2007
Document codes: WT/DS334/6
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Communication from the Chair of the Panel

 The following communication, dated 31 January 2007, addressed to the Chair of the Dispute
Settlement Body (DSB), is circulated in accordan ce 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 period in which a pa nel 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 Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on (WT/DS334) was
established by the DSB on 17 March 2006, and composed on 31 July 2006.

 Due to the nature and scope of the dispute, the Panel expects to complete its work by
May 2007, as envisaged in the timetable adopted after consultations with the Parties.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Communication from the Chairman of the Panel
Date: 30 May 2007
Document codes: WT/DS334/7; WT/DS334/6
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Communication from the Chairman of the Panel

 The following communication, dated 25 May 2007 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 The Panel in (WT/DS334) indicated in
its communication to the DSB of 31 January 2007 () that it expected to issue its final
report to the parties by May 2007. However, in the light of subsequent adjustments in the timetable, it
will not be possible for the Panel to do so.

 The Panel estimates that it will issue it s final report to the parties in June 2007.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Communication from Turkey
Date: 22 November 2007
Document codes: WT/DS334/10; WT/DS334/R
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Communication from Turkey

 The following communication, dated 20 November 2007, from the delegation of Turkey to
the Chairman of the Dispute Settlement Body, is circulated at the request of Turkey.

 At its meeting on 22 October 2007, the Disput e Settlement Body adopted the Panel report on
 () according to which, pursuant to
Article 21.3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Turkey shall inform the DSB of its in tention in respect of implementation of the
recommendations and rulings of the DSB within 30 days after the date of adoption of the report.

 Turkey wishes to inform the DSB that it is in the process of implementing the DSB's rulings
and recommendations in this dispute in conform ity with its WTO obligations, and has already
engaged in consultations with the US to explore wh at additional steps might be taken in scope of the
recommendation for mutually satisfactory outcomes.

 In that respect, Turkey kindly requests the Secretariat to circulate this letter as a
communication to the members.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Agreement under Article 21.3(b) of the DSU
Date: 11 April 2008
Document codes: WT/DS334/12
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 9 April 2008, from the delegation of Turkey and the
delegation of the United States to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 Turkey and the United States wish to inform you that, pursuant to Article 21.3(b) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes , we have agreed on a
reasonable period of time for Turkey to implement the recommendations and rulings of the Dispute
Settlement Body in the dispute (WT/DS334).

 We request that you circulate the attached agreement to the Members of the Dispute
Settlement Body.

Yours sincerely,

H.E. Mr. Bozkurt Aran
Ambassador
Permanent Mission of Turkey
to the

H.E. Mr. Peter F. Allgeier
Ambassador
Permanent Mission of the United States
to the

Agreement on a Reasonable Period of Time Pursuant to Article 21.3(b)
of the Understanding on Rules and Procedures Governing the Settlement of Disputes
in (WT/DS334)

 On 22 October 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute (WT/DS334).

 In a communication dated 20 November 2007, Tu rkey informed the DSB of its intention to
implement the recommendations and rulings of the DSB in this dispute ().

 Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes , Turkey and the United States agree th at the reasonable period of time for
Turkey to comply with the recommendations and ruli ngs of the DSB shall be six months, expiring on
22 April 2008.

H.E. Mr. Bozkurt Aran
Ambassador
Permanent Mission of Turkey
to the World Trade Organization

H.E. Mr. Peter F. Allgeier
Ambassador
Permanent Mission of the United States
to the World Trade Organization
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Status Report by Turkey
Date: 10 October 2008
Document codes: WT/DS334/14
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Status Report by Turkey

 The following communication, dated 9 October 2008, from the delegation of Turkey 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/DS334)

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

 On 22 October 2007, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute (WT/DS334). In a
communication dated 20 November 2007, Turkey inform ed the DSB of its intention to implement the
recommendations and rulings of the DSB in this dispute ().

 On 9 April 2008, Turkey and the United States informed the DSB that, pursuant to
Article 21.3(b) of the DSU, they had agreed that the reasonable period of time for Turkey's
implementation of the DSB's recommendations a nd rulings would be 6 months, expiring on
22 April 2008. This notification was circulated to WTO Members on 11 April 2008 ().

 By communication of 7 May 2008, Turkey and the United States informed the DSB about the
agreement between parties regarding procedures under Articles 21 and 22 of the DSU. This
notification was circulated in the document

 Turkey has already complied with the recommendation of the DSB and constructive
discussions aiming to conclude a Memorandum of Understanding with the United States are still in
progress. To this end, some technical meetings have been scheduled.
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: Panel Report Action by the Dispute Settlement Body
Date: 24 October 2007
Document codes: WT/DS334/8; WT/DS334/R; WT/DS334/R
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Panel Report

Action by the Dispute Settlement Body

 At its meeting on 22 October 2007, the Disput e Settlement Body adopted the Panel report on

TURQUIE – MESURES AFFECTANT L'IMPORTATION DE RIZ

Rapport du Groupe spécial

Groupe spécial intitulé Turquie – Mesures affectant l'importation de riz ().

Informe del Grupo Especial

Actuación del Órgano de Solución de Diferencias

 En su reunión de 22 de octubre de 2007, el Órgano de Solución de Diferencias adoptó el
TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE
Document: report of the Panel
Date: 23 January 2008
Document codes: WT/DS334/11
Complainant: U.S.
Respondent: Turkey
Third parties: Argentina, Australia, China, Egypt, EU, South Korea, Pakistan, Thailand
Dispute stage: Panel
Agreements cited: Art. XI:1, X:1, X:2, III:4, X:3(a)  GATT 1994Art. 4.2  AgricultureArt. 1.4, 3.3, 3.5(e), 3.5(f), 3.5(b), 3.5(d), 3.5(g), 3.5(h), 1.2, 1.3, 1.5, 1.6, 3.2, 3.5(a), 5.1, 5.2, 5.3, 5.4  Import LicensingArt. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

TURKEY – MEASURES AFFECTING THE IMPORTATION OF RICE

Extension of the Time-Period under Article 21.3(c) of the DSU

 The following communication, dated 21 January 2008, from the delegation of Turkey and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of those delegations.

At its meeting on 22 October 2007, the Dispute Settlement Body (DSB) adopted the report of
the Panel in the dispute (WT/DS334). Turkey
informed the DSB in a communication dated 20 November 2007 that it was in the process of
implementing the recommendations and rulings of the DSB in this dispute and that it was engaged in
consultations with the United States to explore add itional steps that might be taken in scope of
the recommendation for mutually satisfactory outcomes. At the meeting of the DSB on
27 November 2007, Turkey reiterated that it was en gaged in consultations with the United States and
stated that it preserved its rights to a reasonable period of time for implementation at the end of the
discussions with the United States.

Article 21.3(c) of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes (DSU) provides that, in the absence of an agre ement between the parties on a period of time,
the reasonable period of time shall be determined "through binding arbitration within 90 days after the
date of adoption of the recommenda tions and rulings." As much of this 90-day period has elapsed,
and in order to permit discussions between the pa rties on a mutually agreed period to continue,
Turkey and the United States 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 appointment of an arbitrator. Turkey and the
United States confirm that the award of the arbitrat or, made within the agreed 60-day period, shall be
deemed to be the award of the arbitrator for the pu rposes of Article 21.3(c) of the DSU in determining
the reasonable period of time for Turkey to implement the recommendations and rulings of the DSB.

H.E. Mr. Bozkurt Aran
Ambassador
Permanent Mission of Turkey
to the World Trade Organization

Mr. David P. Shark
Chargé d’affaires, a.i.
Permanent Mission of the United States
to the World Trade Organization
UNITED STATES – ANTI-DUMPING MEASURE ON SHRIMP FROM ECUADOR
Document: Request to Join Consultations Communication from the European Communities
Date: 28 November 2005
Document codes: WT/DS335/2; WT/DS335/1
Complainant: Ecuador
Respondent: U.S.
Third parties: Brazil, Chile, China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. 2.4.2  Anti-dumping

UNITED STATES – ANTI-DUMPING MEASURE ON SHRIMP FROM ECUADOR

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 25 November 2005, from the delegation of the
European Communities to the delegation of the Unite d States, the delegation of Ecuador and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 With reference to Ecuador's request for cons ultations, dated 17 November 2005, concerning
" " (, circulated on
21 November 2005), and in light of the European Communities' substantial trade and systemic interest
in this matter, I hereby wish to convey the re quest of the European Communities, pursuant to
Article 4.11 of the DSU, to join in these consultations.

 The European Communities looks forward to be ing informed of the date and venue of the
consultations.
UNITED STATES – ANTI-DUMPING MEASURE ON SHRIMP FROM ECUADOR
Document: Request to Join Consultations Communication from India
Date: 30 November 2005
Document codes: WT/DS335/3
Complainant: Ecuador
Respondent: U.S.
Third parties: Brazil, Chile, China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. 2.4.2  Anti-dumping

UNITED STATES – ANTI-DUMPING MEASURE ON SHRIMP FROM ECUADOR

Request to Join Consultations

Communication from India

 The following communication, dated 28 November 2005, from the delegation of India to the
delegation of the United States, the delegation of Ecuador and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Indi a hereby notifies its desire to be joined in the
consultations requested by Ecuador pursuant to Article 4 of the DSU, Article XXII of General
Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 17 of the Agreement on
Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement) concerning the final
affirmative determination of sales at less than fa ir value with respect to certain frozen warmwater
shrimp from Ecuador. The 17 November 2005 communi cation from the delegation of Ecuador to the
delegation of the United States was circulated to WTO Members on 21 November 2005

 India has substantial trade interest in the matt er in dispute in view of similar determination
having been made on shrimp imported from India, as well as systemic interest in the matter of
calculation of dumping margins and other provisions of the Anti-Dumping Agreement raised in the
consultation request of Ecuador. I ndia's substantial trade interest in the matter is evidenced also by
the fact that India has significant exports of shrimp to the United States.

 We would be grateful of being informed of the date and venue of consultations, so as to
enable us to participate in the consultations.