UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR CALCULATING DUMPING MARGINS ("ZEROING")
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 16 September 2011
Document codes: WT/DS294/40
Complainant: EU
Respondent: U.S.
Third parties: Argentina, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea, Mexico, Norway, Thailand, Turkey
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2.1, 2.4, 5.8, 9.1, 9.3, 9.5, 11  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 3  Anti-dumping

UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR
CALCULATING DUMPING MARGINS ("ZEROING")

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 15 Sept ember 2011, from the Chairman of the
Arbitrator to the Chairperson of the Dispute Settlement Body, is circulated to Members at his request.

 In a communication dated 7 September 2011, th e European Union and the United States have
jointly requested the Arbitrator to suspend its work for a further pe riod of four months and two days,
in the context of further informal discussions with respect to implementation (see the request
attached).

 On the basis of this request, the Arbitrator has decided to suspend its work for a further
period.

 The suspension can be terminated at any time at the written request of either party. The
suspension will be limited to four months and two days, and absent any contrary written
communication from the European Union within that period, the suspension will be automatically
terminated and the work of the Arbitrator will resume on 9 January 2012.

 The last date at which a "contrary written communication" from the European Union referred
to above may be received by the Arbitrator is 6 January 2012.

 In the event that no such "contrary written communication" or written request for resumption
from either party has been received by the Arbitrator by 6 January 2012, it will resume its work on 9
January 2012 and circulate its Decision on 16 January 2012.

ATTACHMENT

Mr. Felipe Jaramillo
Chairman of the Arbitration Panel/Arbitrator
1
United States – Laws, Regulations and Methodology
for Calculating Dumping Margins (“Zeroing”) - Recourse
to Article 22.6 of the DSU by the United States (DS294)
World Trade Organization
Centre William Rappard
Rue de Lausanne 154
1211 Geneva 21

7 September 2011

Dear Mr. Jaramillo,

 The United States and the European Union (the “Parties”) wish to thank you and the other
Members of the Arbitration Panel/Arbitrator for be ing available to serve in the above-referenced
proceeding.

 The United States and the European Union reca ll their joint communication to the Arbitration
Panel/Arbitrator of 7 September 2010, and the subsequent communication from the Arbitration
Panel/Arbitrator dated 8 Septembe r 2010 (WT/DS294/39) by which the Arbitration Panel/Arbitrator
decided to suspend its work for a period of 12 months less one day.

 The United States would like to inform the Arbitrator/Arbitration Panel that it has sought
further informal discussions with the European Union with respect to implementation. In that context,
the United States respectfully requ ests the Arbitrator/Arbitration Panel to suspend its work for a
further period of four months and two days – that is, until Monday 9
 January 2012 – on the same
terms. In light of that, and having regard to Article 12.12 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU) ,2 the European Union joins the United States
in making such request, subject to the following conditions.

 The Parties hereby agree the following matters, to be incorporated expressly or by reference
in any decision by the Arbitration Panel/Arbitrator to extend suspension:

 the suspension can be terminated at any time at the written request of either Party;
 the extension of the suspension will be limited to four months and two days, and
absent any contrary written communication from the European Union within that
period, the suspension will be automatica lly terminated and the work of the
Arbitration Panel/Arbitrator will resume on 9 January 2012;

1 The Parties recall that they have different views co ncerning what is the correct terminology to use in
these proceedings, but are resolved that this joint letter should not imply that either Party relinquishes its
position of principle with respect to that matter.
2 The European Union recognizes that the Parties may have different views on whether Article 12.12 of
the DSU applies or applies by analogy in these proceedings, or whether the Arbitration Panel/Arbitrator has an
implied or inherent power to suspend, and that the Parties are resolved that this joint letter should not imply that
either Party relinquishes its position of principle with respect to that matter.

 the suspension is without prejudice to any of the Parties' claims and arguments in
these dispute settlement proceedings, incl uding the question of whether or not
nullification or impairment during any period of suspension is to be accounted for in
the suspension of concessions or other obligations;
 this joint request is conditional upon the Arbitration Panel/Arbitrator not deciding that
its authority has lapsed pursuant to Article 12.12 of the DSU or otherwise as a result
of a further suspension. If the Arbitrati on Panel/Arbitrator considers that will occur
then neither Party makes this request for further suspension;
 neither Party will ever claim or argue that the occurrence of a suspension period equal
to or in excess of 12 months in this dispute results in a lapse of the authority of the
Arbitration Panel/Arbitrator, or otherwise extinguishes or diminishes any right
enjoyed by the other Party pursuant to the covered agreements; and
 suspension will not otherwise affect the right s and obligations of either Party under
the Marrakesh Agreement Establishing the World Trade Organization or in these
dispute settlement proceedings.

For the United States

David P. Shark
Chargé d'affairs a.i.
For the European Union

Detlev Brauns
Chargé d'affairs a.i.