CHINA – MEASURES RELATED TO THE EXPORTATION OF RARE EARTHS, TUNGSTEN AND MOLYBDENUM
Document: Constitution of the Panel Established at the Requests of the United States, the European Union and Japan Note by the Secretariat1
Date: 25 September 2012
Document codes: WT/DS431/7; WT/DS432/7; WT/DS433/7; WT/DS431/6; WT/DS432/6
Complainant: Japan
Respondent: China
Third parties: Brazil, Canada, Colombia, EU, India, South Korea, Norway, Oman, Saudi Arabia, Taiwan, U.S., Vietnam, Argentina, Australia, Indonesia, Turkey, Peru, Russia
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Part I, para. 1.2, Part I, para. 11.3, Part I, para. 5.1,   Protocol of AccessionArt. X:3(a)  GATT 1994

CHINA – MEASURES RELATED TO THE EXPORTATION OF
RARE EARTHS, TUNGSTEN AND MOLYBDENUM

Constitution of the Panel Established at the Requests of the United States,
the European Union and Japan

Note by the Secretariat1

1. At its meeting on 23 July 2012, the Dispute Settlement Body (DSB) established a single panel
pursuant to the requests of the United States in document , the European Union in
document , and Japan in document WT/D S433/6, in accordance with Article 9.1 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
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 to the DSB by the United States in
document , the European Union in document and Japan 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 12 September 2012, the United States, the European Union and Japan 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 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 24 September 2012, the Director-General accordingly composed the Panel as follows:
 Chairperson: Mr Nacer Benjelloun-Touimi

 Members: Mr Hugo Cayrús
 Mr Darlington Mwape

1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice
to the positions of Members or to their rights or obligations under the WTO Agreement.

5. Argentina, Australia, Brazil, Canada, Colomb ia, the European Union (with respect to
WT/DS431 and WT/DS433), India, Indonesia, Japan (with respect to WT/DS431 and WT/DS432),
the Republic of Korea, Norway, Oman, Peru
2, the Russian Federation3, the Kingdom of Saudi Arabia,
Chinese Taipei, Turkey, the United States (wit h respect to WT/DS432 and WT/DS433), and
Viet Nam, have reserved their rights to participate in the Panel proceedings as third parties.

Secretariat received Peru's notification of its interest, dated 2 August 2012, to participate as a third party.
3 On 13 September 2012, more than ten days after the establishment of the Panel, the parties and the
Secretariat received the Russian Federation's notification of its interest, dated 13 September 2012 , to participate
as a third party. At the time of the establishment of the Panel, the Russian Federation was not a Member of the
WTO.