UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 9 February 2012
Document codes: WT/DS322/45; WT/DS322/38
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 7 February 2012, from the Chairperson of the Arbitrator
to the Chairperson of the Dispute Settlement Body, is circulated to Members for their information.

The United States and Japan have jointly requested the Arbitrator to continue the suspension
of its work originally decided on 13 December 2010 () (see the request attached).

On the basis of this request, the Arbitrator has decided to continue the suspension of its work.

The suspension may be terminated at any time at the written request of either Party and upon
such termination the Arbitrator's work will resume.

The suspension will be automatically terminated and the Arbitrator's work will resume on
21 August 2012, unless Japan submits a written communi cation to the contrary to the Arbitrator by
20 August 2012.

The suspension is without prejudice to any of the Parties' claims and arguments in these
dispute settlement proceedings.

The suspension will not otherwise affect the ri ghts and obligations of either Party under the
Marrakesh Agreement Establishing the World Trad e Organization or in these dispute settlement
proceedings.

Communication dated 6 February 2012,
Addressed to Mr Jose Antonio Buencamino, Chairperson of the Arbitrator,
from the delegations of the United States and Japan

The United States and Japan (the "Parties") wish to thank you and the other members of the
Arbitrator for agreeing to serve in the above-referenced proceeding.

The parties recall that, upon their request, the Arbitrator suspended its work in this proceeding
on 13 December 2010. By the letter submitted on 31 January 2012, the Parties requested the
Arbitrator to continue the suspension of its work a nd confirmed that the work of the Arbitrator would
resume on 7 February 2012, unless Japan submitted a written communication to the contrary to the
Arbitrator by 6 February 2012. At this time, the Pa rties are pleased to inform the Arbitrator that they
have signed a Memorandum of Understanding regarding this dispute. A copy of the Memorandum of
Understanding is attached to this letter.
* As envisioned in the Memo randum of Understanding, the
Parties would respectfully request that the Arbitrator continue the suspension of its work.

The Parties hereby confirm the following matte rs, which they request the Arbitrator to
incorporate expressly or by reference in any decision by the Arbitrator to continue the suspension:

 the suspension may be terminated at any time at the written request of either Party and upon
such termination the work of the Arbitrator will resume;

 the suspension will be automatically terminated and the work of the Arbitrator will resume on
21 August 2012, unless Japan submits a written communication to the contrary to the
Arbitrator by 20 August 2012;

 the suspension is without prejudice to any of the Parties' claims and arguments in these
dispute settlement proceedings; and

 the suspension will not otherwise affect the ri ghts and obligations of either Party under the
Marrakesh Agreement Establishing the World Trade Organization or in these dispute
settlement proceedings.

* The Parties have requested that the Memorandum of Understanding be circulated to the Members of
the Dispute Settlement Body. (Note from the Secretariat, the Memorandum of Understanding was circulated to
Members as document WT/DS322/44.)