UNITED STATES - DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Procedural Agreement between the United States and China, the European Communities, Japan, Korea, New Zealand, Norway and Switzerland
Date: 22 July 2002
Document codes: WT/DS248/13; WT/DS249/7; WT/DS251/8; WT/DS252/6; WT/DS253/6; WT/DS254/6; WT/DS258/10
Complainant: New Zealand
Respondent: U.S.
Third parties: Brazil, Canada, China, Taiwan, Cuba, EU, Japan, South Korea, Mexico, Norway, Switzerland, Thailand, Turkey, Venezuela
Dispute stage: Appellate Body
Agreements cited: Art. 2, 4.2, 5.1, 3, 8  SafeguardsArt. XIX:1, X:3  GATT 1994

UNITED STATES - DEFINITIVE SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Procedural Agreement between the United States and
China, the European Communities, Japan, Korea, New Zealand, Norway and Switzerland
The following communication, dated 15 July 2002, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request of
this delegation on behalf of all the signatories to this procedural agreement.
Outline of a Scheme to Allow Consideration of all Complaints
 by a Single Panel
The European Communities, Japan, Korea, China, Switzerland and Norway have requested
the establishment of panels to examine their complaints against the U.S. definitive safeguard measures
of 5 March on imports of certain steel products (DS248, DS249, DS251, DS252, DS253 and DS254).
New Zealand (DS258) has also initiated dispute settlement proceedings against the same
measure but has not yet requested the establishment of a panel.
The European Communities, Japan, Korea, China, Switzerland, Norway, New Zealand and
the United States (hereafter referred to as "the parties") have reached the following agreement:
Arrangements for the meetings of the DSB:
Following consultations held with New Zealand on 13 June, the United States and
New Zealand 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 New Zealand's request for the
establishment of a panel at the meeting of the DSB at which this request is considered for the first
time (which will not be before 5 July);
Pursuant to DSU Article 9.1, all the complaints will be referred to a single Panel (that
established on 3 June in the case DS248) by adapting the terms of reference for that panel to include
all complaints.
WT/DS248/13, WT/DS249/7,
WT/DS251/8, WT/DS252/6,
WT/DS253/6, WT/DS254/6

The parties shall support reference of any further complaints concerning the same measure to
the same single panel as long as it can be done by 15 July 2002.
Arrangements for the composition of the Panel:
In order to ensure that the views of all parties are taken into consideration for the selection of
panelists (which has already started), the Secretariat will be requested to allow the full participation of
all parties in the selection process, irrespective of the stage of the process;
The selection of the panelists will not be referred to the Director-General of the WTO before
15 July 2002.
Arrangements for the Panel proceeding:
The working procedures for the proceeding and its timetable are matters to be decided by the
Panel itself after consultation of the parties. The parties 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:
The parties 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 se t out in this agreement. If during the application
of this agreement the parties consider that a procedural aspect has not been properly covered by this
agreement, they will endeavour to find a solution wi thin the shortest time possible that will not affect
the other aspects and steps therein agreed.
WT/DS248/13, WT/DS249/7,
WT/DS251/8, WT/DS252/6,
WT/DS253/6, WT/DS254/6

Carlo Trojan
Ambassador
for the European Communities
Koichi Haraguchi
Ambassador
Permanent Mission of Japan
CHUNG Eui-Yong
Ambassador
Permanent Mission of Korea
Sun Zhenyu
Ambassador
Permanent Mission of China
Pierre-Louis Girard
Ambassador
Permanent Mission of Switzerland
Kåre Bryn
Ambassador
Permanent Mission of Norway
Timothy John Groser
Ambassador
Permanent Mission of New Zealand
Linnet F. Deily
Ambassador
Permanent Mission of the United States