dean22029/WTO_Docs huggingface dataset:
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint with Respect to Rice Communication from Mexico
Date: 20 January 2006
Document codes: WT/DS295/10
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Complaint with Respect to Rice

Communication from Mexico

 The following communication, dated 19 January 2006, from the delegation of Mexico to the
Chairman of the Dispute Settlement Body, is circulated at the request of Mexico.

 At its meeting on 20 December 2005, the Dispute Settlement Body (DSB) adopted
recommendations and rulings in the dispute (WT/DS295). My authorities have instructed me to advise the DSB of the intentions of Mexico
with respect to implementation of the recomme ndations and rulings of the DSB, as is our
responsibility under Article 21.3 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU). The United States has agreed that Mexico would inform the DSB of its
intentions by letter rather than at a special meeting of the DSB.

 It is the intention of Mexico to implemen t the recommendations and rulings of the DSB in
this dispute in a manner that respects its WTO oblig ations, and we have begun to evaluate options for
doing so. Mexico will need a reasonable period of time in which to do this. My delegation stands
ready to discuss this matter with the United States, in accordance with Article 21.3(b) of the DSU.
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Agreement under Article 21.3(b) of the DSU
Date: 24 May 2006
Document codes: WT/DS295/12
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 18 May 20 06, from the delegation of Mexico 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.

 On 20 December 2005, the Dispute Settlement Body ("DSB") adopted its recommendations
and rulings in the dispute (WT/DS295).

 In a communication dated 19 January 2006, Mexico 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 , Mexico and the United States have mutually agreed on the reasonable period
of time for Mexico to comply with the recommendations and rulings of the DSB.

 With respect to the DSB's recommendations and rulings regarding paragraphs 8.1 and 8.3 of
the Panel Report () and paragraph 350(b) and (c) of the Appellate Body Report
(), the reasonable period of time shall be 8 months, expiring on 20 August 2006.

 With respect to the DSB's recommendations and rulings regarding paragraph 8.5 of the Panel
Report (), and paragraph 350(d) of th e Appellate Body Report (), the
reasonable period of time shall be 12 months, expiring on 20 December 2006.

For Mexico

(signed)
Fernando de Mateo
Ambassador
For the United States

(signed)
Peter F. Allgeier
Ambassador
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint With Respect to Rice Status Report by Mexico Addendum
Date: 12 January 2007
Document codes: WT/DS295/13/Add.1
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES
ON BEEF AND RICE

Complaint With Respect to Rice

Status Report by Mexico

Addendum

 The following communication, dated 11 January 2007, from the delegation of Mexico to the
Chairman of the Dispute Settlement Body, is being circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the DSB Recommendations and Rulings in

the Dispute
(WT/DS295)

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

 Further to the report read at the Di spute Settlement Body (DSB) meeting of
19 December 2006, which stated that Mexico had already complied with the rulings and
recommendations relating to the anti-dumping measure on rice from the United States by eliminating
that measure on 11 September 2006, we are pleased to inform you that we have now also complied
with the rulings and recommendations concerning our "Foreign Trade Act", the Executive having
initialled, on 20 December 2006, the "Decree am ending, supplementing a nd repealing various
provisions of the Foreign Trade Act", published the following day in the Diario Oficial de la
Federación (Official Journal).

 By amending and repealing provisions contai ned in Article 64, 68, 89D, 93V and 97 of the
Mexican Foreign Trade Act, Mexico is certain th at it has complied with its obligations, thereby
reaffirming its commitment to the principles of th e Dispute Settlement Understanding, which calls for
a "prompt settlement", and that not only has it comp lied with its obligations, but that it has also
contributed to strengthening the WTO dispute settlement mechanism.
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint with Respect to Rice Request by the United States for a Decision of the DSB
Date: 9 January 2007
Document codes: WT/DS295/14
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Complaint with Respect to Rice

Request by the United States for a Decision of the DSB

 The following communication, dated 8 Ja nuary 2007, from the delegation of the
United States, to the Chairman of the Dispute Settleme nt Body (DSB), is circulated at the request of
that delegation.

 On 20 December 2005, the Dispute Settlement Bo dy (DSB) adopted the reports of the panel
and the Appellate Body in the dispute
(Complaint with Respect to Rice) (WT/DS295). On 18 May 2006, the United States and Mexico
informed the DSB that, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"), they had agreed that, with respect to the DSB's
recommendations and rulings rega rding paragraph 8.5 of the Panel Report () and
paragraph 350(d) of the Appellate Body Report (), the reasonable period of time
would be 12 months, expiring on 20 December 2006. This notification was circulated to WTO
Members on 24 May 2006 ().

 The reasonable period of time expired on 20 December 2006. The United States and Mexico
continue to discuss the steps Mexico has taken to implement the recommendations and rulings of the
DSB and an agreement regarding procedures under Artic les 21 and 22 of the DSU. In order to permit
these discussions to continue, the United States requ ests the DSB to adopt the draft decision set out
below at a DSB meeting to be held on 19 January 2007.

Draft Decision of the DSB

 The DSB takes note of the request by the Unite d States and agrees that, upon a request by the
United States, the DSB shall grant the United States authorization to suspend concessions or other
obligations unless (i) the DSB decides by consensus not to do so or (ii) Mexico objects to the level of
suspension proposed or claims that the principles and procedures in DSU Article 22.3 have not been
followed, referring the matter to arbitration under Article 22.6 of the DSU.
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint with Respect to Rice Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 22 December 2005
Document codes: WT/DS295/9; WT/DS295/AB/R; WT/DS295/R
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Complaint with Respect to Rice

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 20 December 2005, the Dispute Settlement Body adopted the Appellate
Body report on : Complaint with
Respect to Rice () and the Panel report (), as modified by the
Appellate Body report. The Panel report should be read in conjunction with the Appellate Body
report.

MEXIQUE – MESURES ANTIDUMPING DÉFINITIVES

Plainte concernant le riz

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

de l'Organe d'appel sur l'affaire Mexique – Mesures antidumping définitives visant la viande de bœuf
spécial est à rapprocher de celui de l'Organe d'appel.

Actuación del Órgano de Solución de Diferencias

 En su reunión de 20 de diciembre de 2005, el Órgano de Solución de Diferencias adoptó el
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint with Respect to Rice Request from Mexico and the United States for Arbitration under Article 21.3(c) of the DSU
Date: 2 March 2006
Document codes: WT/DS295/11; WT/DS295/10
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Complaint with Respect to Rice

Request from Mexico and the United States
for Arbitration under Article 21.3(c) of the DSU

 The following communication, dated 27 February 2006, from the delegation of Mexico and
the delegation of the United States to the Chairman of the Dispute Settlement Body, is circulated at
the request of those delegations.

In a communication dated 19 January 2006, Mexi co informed the Dispute Settlement Body
(DSB) of its intention to implement the recomme ndations and rulings of the DSB in the dispute
 (). Mexico stated that it
would "need a reasonable period of time in which to do this" and that its "delegation [stood] ready to
discuss this matter with the United States, in accordance with Article 21.3(b)" of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU").

 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 th e recommendations and rulings". As much of this
90-day period has elapsed, and in order to perm it discussions between the parties on a mutually
agreed period to occur, Mexico and the United States have agreed that any arbitration under
Article 21.3(c) of the DSU shall be completed no late r than 60 days after the date of the appointment
of an arbitrator. Mexico and the United States conf irm that the award of the arbitrator, made within
the agreed 60-day period, shall be deemed to be the award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reas onable period of time for Mexico to implement the
recommendations and rulings of the DSB.
MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE
Document: Complaint with Respect to Rice Request from Mexico and the United States for Arbitration under Article 21.3(c) of the DSU Corrigendum Please note that second sub-title of this document should read: "Notification of an Agreement with respect to Article 21.3(c) of the DSU "
Date: 7 March 2006
Document codes: WT/DS295/11/Corr.1
Complainant: U.S.
Respondent: Mexico
Third parties: China, EU, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 12.5, 12.7, 19.3, 11.9, 21.1, 21.2, 32.1, 12.1.1  Subsidies and Countervailing Measures (SCM)Art. VI:2  GATT 1994Art. 1, 3.1, 3.2, 3.4, 3.5, 4.1, 5.8, 6.1, 6.2, 6.4, 6.8, 6.9, 6.10, 9.3, 9.4, 9.5, 11.1, 12.1, 12.2, 11.9, 18.1, 19.3, 21.1, 21.2, 32.1  Anti-dumping

MEXICO – DEFINITIVE ANTI-DUMPING MEASURES ON BEEF AND RICE

Complaint with Respect to Rice

Request from Mexico and the United States
for Arbitration under Article 21.3(c) of the DSU

Corrigendum

 Please note that second sub-title of this document should read:

"Notification of an Agreement with respect to Article 21.3(c) of the DSU
"
UNITED STATES - COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Constitution of the Panel Established at the Request of Korea Note by the Secretariat
Date: 15 March 2004
Document codes: WT/DS296/3; WT/DS296/2
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES - COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
(DRAMS) FROM KOREA

Constitution of the Panel Established at the Request of Korea

Note by the Secretariat

1. At its meeting on 23 January 2004, the Disput e Settlement Body established a Panel pursuant
to the request by Korea in document , in accordance with Article 6 of the Dispute
Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Korea in document , the matter referred to the DSB by Korea in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 23 February 2004, Korea requested the Dir ector-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 the 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 5 March 2004, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Hardeep Puri
Members: Mr. John Adank
 Mr. Michael Mulgrew
5. China, the European Communities, Japan and Chinese Taipei reserved their third-party rights.
UNITED STATES - COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Communication from the Chairman of the Panel
Date: 3 September 2004
Document codes: WT/DS296/4
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES - COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
(DRAMS) FROM KOREA

Communication from the Chairman of the Panel

 The following communication, dated 3 September 2004, addressed to the Dispute Settlement
Body (DSB), is circulated pursuant to Article 12.9 of the Dispute Settlement Understanding (DSU).

 Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed
six months.

 Article 12.9 of the DSU states that when a pane l considers that it cannot issue its report within
six months, it shall inform the 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 United States- Countervailing Duty Investigation on Dynamic Random Access
Memory Semiconductors (DRAMS) from Korea (DS296) was established by the DSB on
23 January 2004 and composed on 5 March 2004.

 It will not, however, be possible for the Panel to complete its work in six months in light of
the schedule which was agreed after consultations with the parties.

 The Panel expects to complete its work in December 2004.
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Notification of an Other Appeal by Korea under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 23(1) of the Working Procedures for Appellate Review
Date: 11 April 2005
Document codes: WT/DS296/6
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
(DRAMS) FROM KOREA

Notification of an Other Appeal by Korea
under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 23(1) of the Working Procedures for Appellate Review

 The following notification, dated 11 April 20 05, from the Delegation of the Republic of
Korea, is being circulated to Members.

Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Rule 23 of the Working Procedures for Appellate Review, the
Republic of Korea hereby notifies its decision to a ppeal to the Appellate Body certain issues of law
and legal interpretations contai ned in the report of the Panel
() (the "Panel Report").

Specifically, Korea seeks review of the legal conclusion and interpreta tion by the Panel in
upholding the finding of the U.S. Department of Co mmerce that a certain private Korean bank, Korea
First Bank ("KFB"), was entrusted or directed to make a financial contribution to Hynix Corporation
within the meaning of Article 1.1, (including Article 1.1(a)(1)(iv)) of the Agreement on Subsidies and
Countervailing Measures ("SCM Agreement").
1

 In particular, the Panel found that the governme nt of Korea had coerced KFB and that this
constituted "entrustment or direction" despite the fact that KFB ultimately did not undertake the action
that was supposedly the purpose of the intended coer cion. Korea considers this conclusion and legal
interpretation to be a legal error. Under the terms of Article 1.1 of the SCM Agreement there can be
no legally cognizable entrustment or direction to undertake a specified function if the private body
never actually undertakes the function supposedly entrusted or directed.
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Communication from the Appellate Body
Date: 2 June 2005
Document codes: WT/DS296/7
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
(DRAMS) FROM KOREA

Communication from the Appellate Body

 The following communication, dated 27 May 20 05, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settle ment Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Ar ticle 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the Dispute
Settlement Body in writing of the reasons for the de lay together with an estimate of the period within
which it will submit its Report.

 The United States notified the Dispute Settlement Body on 29 March 2005 of its decision to
appeal certain issues of law covered in the Pane l Report and legal interpre tations developed by the
Panel in this case, with the result that the 60-day period expires on Monday, 30 May 2005. Due to the
time required for completion and translation of the Report, the Appellate Body will not be able to
circulate its Report in this appeal by Monday, 30 May 2005. We estimate that the Appellate Body
Report will be circulated to WTO Members no later than Monday, 27 June 2005.
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Communication from the Appellate Body
Date: 29 June 2005
Document codes: WT/DS296/8; WT/DS296/AB/R.
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
(DRAMS) FROM KOREA

Communication from the Appellate Body

 The following communication, dated 27 June 2005, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settle ment 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 transmit to you the Report of the Appellate Body in United States –
Countervailing Duty Investigation on Dynamic R andom Access Memory Semiconductors (DRAMS)
from Korea, It will be circulated to Members of the
at 4 p.m. today, in accordance with paragraph 5 of Article 17 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes . The three Members of the Appellate Body who
served on this appeal were: Mr. Georges Abi-Saab, as Presiding Member; Ms. Merit E. Janow and
myself, as Members.
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Agreement under Article 21.3(b) of the DSU
Date: 8 November 2005
Document codes: WT/DS296/11
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS)
FROM KOREA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 7 November 2005, from the delegation of the
United States and the delegation of Korea to th e Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(b) of the DSU.

 The United States and the Republic of Kor ea 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 mutually agreed that the reasonable pe riod of time for the United States to implement the
recommendations and rulings of the Dispute Settlement Body in the dispute United States –
Countervailing Duty Investigation on Dynamic R andom Access Memory Semiconductors (DRAMS)
from Korea (WT/DS296) shall be seven months and sixteen days, expiring on 8 March 2006.

 For the United States For the Republic of Korea

 (signed) (signed)
 Peter F. Allgeier Choi Hyuck
 Ambassador Ambassador
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 26 July 2005
Document codes: WT/DS296/10; WT/DS296/AB/R; WT/DS296/R
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS)
FROM KOREA
Appellate Body Report and Panel Report

Action by the Dispute Settlement Body
 At its meeting on 20 July 2005, the Dispute Settlement Body adopted the Appellate Body
report on United States – Countervailing Duty Investiga tion on Dynamic Random Access Memory
Semiconductors (DRAMs) () and the Panel report (), as modified by
the Appellate Body report. The Panel report should be read in conjunction with the Appellate Body
report.

ÉTATS-UNIS – ENQUÊTE EN MATIÈRE DE DROITS COMPENSATEURS
DYNAMIQUES (DRAM) EN PROVENANCE DE CORÉE
Rapport de l'Organe d'appel et rapport du Groupe spécial
 À sa réunion du 20 juillet 2005, l'Organe de rè glement des différends a adopté le rapport de
l'Organe d'appel intitulé " États-Unis - Enquête en matière de droits compensateurs sur les
semi-conducteurs pour mémoires RAM dynamiques (DRAM) en provenance de Corée "
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ESTADOS UNIDOS - INVESTIGACIÓN EN MATERIA DE DERECHOS
MEMORIAS DINÁMICAS DE ACCESO ALEATORIO (DRAM)
PROCEDENTES DE COREA
Actuación del Órgano de Solución de Diferencias
 En su reunión de 20 de julio de 2005, el Órgano de Solución de Diferencias adoptó el informe
Órgano de Apelación.
CROATIA – MEASURE AFFECTING IMPORTS OF LIVE ANIMALS AND MEAT PRODUCTS
Document: Notification of Mutually Agreed Solution
Date: 6 February 2009
Document codes: WT/DS297/2; G/L/636/Add.1; G/SPS/GEN/411/Add.1
Complainant: Hungary
Respondent: Croatia
Dispute stage: Consultation
Agreements cited: Art. XI, XX  GATT 1994Art. 2.2, 2.3, 3.1, 5.2, 5.3, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

CROATIA – MEASURE AFFECTING IMPORTS
OF LIVE ANIMALS AND MEAT PRODUCTS

Notification of Mutually Agreed Solution

 The following communication, dated 30 January 2009, from the delegation of Croatia and the
delegation of Hungary to the Chairman of the Di spute Settlement Body, is circulated pursuant to
Article 3.6 of the DSU.

 We are referring to the request for consulta tions made by Hungary on 9 July 2003 pursuant to
Article XXIII of the General Ag reement on Tariffs and Trade 1994 (GATT 1994), Articles 1 and 4 of
the Understanding on Rules and Procedures Gove rning the Settlement of Disputes (DSU) and
Article 11 of the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) concerning an
import measure on live animals and meat products introduced by Croatia ().

 On behalf of our authorities we would like to inform you that Hungary and Croatia did find a
mutually satisfactory solution to this case in 2003.

Mrs. Mirjana Mladineo
Ambassador
Permanent Representative to the WTO
Dr. István Major
Ambassador
Permanent Representative to the WTO
MEXICO – CERTAIN PRICING MEASURES FOR CUSTOMS VALUATION AND OTHER PURPOSES
Document: Communication from Guatemala
Date: 1 September 2005
Document codes: WT/DS298/2
Complainant: Guatemala
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. XXIII:1  GATT 1994Art. I, II, VII, X  GATT 1947Art. 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 15, 16, 22  Customs valuationArt. XVI:4  Agreement Establishing the World Trade Organization

MEXICO – CERTAIN PRICING MEASURES FOR CUSTOMS VALUATION
AND OTHER PURPOSES

Communication from Guatemala

 The following communication, dated 29 Augus t 2005, from the delegation of Guatemala to
the Chairman of the Dispute Settlement Body, is circulated at the request of Guatemala.

 I have the honour to inform you that on 22 Ju ly 2003 the Government of Guatemala requested
consultations with the Government of Mexico pur suant to Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Di sputes (DSU), Article XXIII of the General
Agreement on Tariffs and Trade 1994 (GATT 1994), Ar ticle 19 of the Agreement on Implementation
of Article VII of the General Agreement on Tariffs and Trade 1994 (Agreement on Customs
Valuation) and Article 19 of the Agreement on Agriculture, with respect to the following measures:

1. Mexico's Customs Law as well as the regulati ons of, and supplementary provisions and/or
amendments to, that Law relating to prices and customs valuation.

2. The Mexican regulatory framework providing for application of the mechanism of estimated
prices, including:

 (a) The Resolution establishing the mechanism to guarantee the payment of duties on
goods subject to estimated prices by the Ministry of Finance and Public Credit; and

 (b) the Resolution containing the Annex to the Resolution establishing the mechanism to
guarantee the payment of duties on goods subj ect to estimated prices by the Ministry
of Finance and Public Credit, published in the Official Journal of the Federation of
28 February 1994.

3. The application of the above rules and proce dures for the determination of customs value, and
the administrative practices of the Mexican customs authorities, including the methodology
used for calculating customs value.

 As a result of the consultations held on 14 August and 9 October 2003 in Geneva and
Guatemala City, respectively, Guatemala and Mexi co reached agreement on a mutually satisfactory
solution concerning footwear and brushes, two areas that were severely affected by the measures
imposed by Mexico. The agreement also provides th at, should any other case arise, the two countries
will hold new consultations with a view to seeking solu tions that neither restrict nor impede trade, so
as to ensure compliance with the WTO rules.

 In view of the foregoing, we request that case WT/DS298 be closed.
EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Constitution of the Panel Established at the Request of Korea Note by the Secretariat
Date: 26 March 2004
Document codes: WT/DS299/3; WT/DS299/2; WT/DS299/2
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Constitution of the Panel Established at the Request of Korea

Note by the Secretariat

1. At its meeting on 23 January 2004, the Disput e Settlement Body established a Panel pursuant
to the request by Korea in document , in accordance with Article 6 of the Dispute
Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Korea in document , the matter referred to the DSB by Korea in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 24 March 2004, the parties agreed to the following composition of the Panel:
Chairperson: Ms. Luz Elena Reyes de la Torre
Members: Mr. Scott Gallacher
 Ms. Thinus Jacobsz
4. China, Japan, Chinese Taipei and the United States reserved their third-party rights.
EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Constitution of the Panel Established at the Request of Korea Note by the Secretariat Corrigendum Under paragraph 3 of WT/DS299/3, the second panel member's name should read:: Mr. Thinus Jacobsz
Date: 1 April 2004
Document codes: WT/DS299/3/Corr.1; WT/DS299/3
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Constitution of the Panel Established at the Request of Korea

Note by the Secretariat
Corrigendum
 Under paragraph 3 of , the second panel member's name should read::

 Mr. Thinus Jacobsz

COMMUNAUTÉS EUROPÉENNES - MESURES COMPENSATOIRES
DYNAMIQUES EN PROVENANCE DE CORÉE

Note du Secrétariat
Corrigendum
doit se lire comme suit:

 M. Thinus Jacobsz

ACCESO ALEATORIO PROCEDENTES DE COREA
Constitución del Grupo Especial establecido a petición de Corea

Nota de la Secretaría
Corrigendum
Grupo Especial debe ser:

 Sr. Thinus Jacobsz
EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Replacement of the Chairperson of the Panel Note by the Secretariat Following the resignation on 22 June 2004 of Ms . Luz Elena de la Torre, Chairperson of the Panel, the parties on 27 July 2004 have appointed a new Chairman of the Panel.  Accordingly, the composition of the Panel is as follows: Chairman: Mr. Gary Clyde Hufbauer Members: Mr. Scott Gallacher Mr. Thinus Jacobsz
Date: 3 August 2004
Document codes: WT/DS299/4
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES - COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Replacement of the Chairperson of the Panel

Note by the Secretariat

 Following the resignation on 22 June 2004 of Ms . Luz Elena de la Torre, Chairperson of the
Panel, the parties on 27 July 2004 have appointed a new Chairman of the Panel. Accordingly, the
composition of the Panel is as follows:

 Chairman: Mr. Gary Clyde Hufbauer

 Members: Mr. Scott Gallacher
 Mr. Thinus Jacobsz
EUROPEAN COMMUNITIES – COUNTERVAILING  MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Communication from the Chairman of the Panel
Date: 21 January 2005
Document codes: WT/DS299/5
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Communication from the Chairman of the Panel

 The following communication, dated 19 January 2005, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated pur suant to 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 European Communities - Countervailing Measures on Dynamic Random Access
Memory Chips from Korea (DS299) was established by the DSB on 23 January 2004 and, after the
replacement of the Chairperson of the Panel
1, composed on 29 July 2004.

 It will not, however, be possible for the Panel to complete its work in six months in light of
the schedule which was agreed after consultations with the parties.

 The Panel expects to issue its final report to the parties in April 2005.

1
EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Agreement under Article 21.3(b) of the DSU
Date: 17 October 2005
Document codes: WT/DS299/7
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 12 October 2005, from the delegation of the European
Communities and the delegation of Korea to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(b) of the DSU.

 The Representatives of the European Commun ities and Korea wish to inform you that,
following discussions held under Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes , they have agreed that the reasonable period of time for the
European Communities to implement the recommendations and rulings of the DSB in the dispute
 (WT/DS299) adopted on 3 August 2005 shall be 8 months, expiring on 3 April 2006.

 For the European Communities For the Republic of Korea

 (signed) (signed)
 Carlo Trojan Choi Hyuck
 Ambassador Ambassador
EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Status Report by the European Communities
Date: 11 April 2006
Document codes: WT/DS299/8
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Status Report by the European Communities

 The following communication, dated 10 April 2006, from the delegation of the European
Communities to the Chairman of the Dispute Settleme nt 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/DS299)

 The European Communities submits this re port in accordance with Article 21.6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU").

 On 3 August 2005, the Dispute Settlement Body (the "DSB") adopted the Panel Report in
European Communities –Countervailing Measures on Dynamic Random Access Memory Chips from
Korea. At the DSB meeting of 31 August 2005, the European Communities confirmed its intention to
implement the recommendations and rulings of the DSB in this dispute and stated that it would
require a reasonable period of time in which to do so, pursuant to Article 21.3 of the DSU.

 On 12 October 2005, the parties notified the DSB that pursuant to Article 21.3(b) of the DSU
they had agreed that the reasonable period of tim e for the European Comm unities to implement the
recommendations and rulings of the DSB in this dispute would be 8 mont hs and would therefore
expire on 3 April 2006.

 On 8 March 2006, the European Commission pr oposed to the Council a regulation to amend
Regulation (EC) No 1480/2003 imposing a countervailing duty on DRAMs from Korea and thus
implement the recommendations and rulings of the DS B. This proposal was adopted by the Council
on 10 April 2006.
EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA
Document: Panel Report Action by the Dispute Settlement Body
Date: 5 August 2005
Document codes: WT/DS299/6; WT/DS299/R
Complainant: South Korea
Respondent: EU
Third parties: China, Taiwan, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

EUROPEAN COMMUNITIES – COUNTERVAILING MEASURES ON
DYNAMIC RANDOM ACCESS MEMORY CHIPS FROM KOREA

Panel Report

Action by the Dispute Settlement Body

 At its meeting on 3 August 2005, the Disput e Settlement Body adopted the Panel report on

COMMUNAUTÉS EUROPÉENNES – MESURES COMPENSATOIRES
DYNAMIQUES EN PROVENANCE DE CORÉE

Rapport du Groupe spécial

Groupe spécial " Communautés européennes – Mesures compen satoires visant les semi-conducteurs
pour mémoires RAM dynamiques en provenance de Corée" ().

MICROPLAQUETAS PARA MEMORIAS DINÁMICAS DE ACCESO
ALEATORIO PROCEDENTES DE COREA

Informe del Grupo Especial

Actuación del Órgano de Solución de Diferencias

 En su reunión de 3 de agosto de 2005, el Órgano de Solución de Diferencias adoptó el
de Corea ().
EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE IN COMMERCIAL VESSELS
Document: Request to Join Consultations Communication from China
Date: 17 September 2003
Document codes: WT/DS301/2; WT/DS301/1; G/L/643; G/SCM/D57/1
Complainant: South Korea
Respondent: EU
Third parties: China, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:4  GATT 1994Art. 23  Dispute Settlement Understanding (DSU)Art. 4, 7, 32  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE
IN COMMERCIAL VESSELS
Request to Join Consultations
Communication from China
The following communication, dated 12 September 2003, from the Permanent Mission of
China to the Permanent Delegation of the European Commission, the Permanent Mission of Korea
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.
With reference to document , , of 11 September 2003,
and pursuant to Article 4.11 of the Dispute Settleme nt Understanding (DSU), in view of the People's
Republic of China's substantial trade interest in the subject-matter of the consultations requested by
the Republic of Korea relating to , I am writing to advise you of the People's Republic of China's desire to be joined in these
consultations.
I look forward to your advice regarding the timing and venue for the consultations.
EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE IN COMMERCIAL VESSELS
Document: Constitution of the Panel Established at the Request of Korea Note by the Secretariat
Date: 19 May 2004
Document codes: WT/DS301/4; WT/DS301/3; WT/DS301/3
Complainant: South Korea
Respondent: EU
Third parties: China, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:4  GATT 1994Art. 23  Dispute Settlement Understanding (DSU)Art. 4, 7, 32  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE
IN COMMERCIAL VESSELS

Constitution of the Panel Established at the Request of Korea

Note by the Secretariat

1. At its meeting on 19 March 2004, the Dis pute Settlement Body established a Panel pursuant
to the request by Korea in document , in accordance with Article 6 of the Dispute
Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Korea in document , the matter referred to the DSB by Korea in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 7 May 2004, Korea requested the Director-G eneral 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 the 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 13 May 2004, the Director-General accordingly composed the Panel as follows:
 Chairman: Professor William J. Davey

 Members: Professor Donald M. McRae
 Mr. Daniel Jacobus Jordaan

5. China, Japan and the United States reserved their third-party rights.
EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE IN COMMERCIAL VESSELS
Document: Communication from the Chairman of the Panel
Date: 5 November 2004
Document codes: WT/DS301/5
Complainant: South Korea
Respondent: EU
Third parties: China, Japan, U.S.
Dispute stage: Panel
Agreements cited: Art. I:1, III:4  GATT 1994Art. 23  Dispute Settlement Understanding (DSU)Art. 4, 7, 32  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES – MEASURES AFFECTING TRADE
IN COMMERCIAL VESSELS

Communication from the Chairman of the Panel

 The following communication, dated 12 Nove mber 2004, addressed to the Chairman of the
Dispute Settlement Body, is circulated in accord ance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed six
months.

 Article 12.9 of the DSU states that when a pane l considers that it cannot issue its report within
six months, it shall inform the 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 European Communities – Measures Aff ecting Trade in Commercial Vessels
(WT/DS301) was established by the DSB on 19 March 2004, and composed on 13 May 2004. .

 It will not be possible for the Panel to complete its work within six months of the date of
composition, inter alia due to certain postponements in the Panel's timetable and other scheduling
difficulties.

 The Panel hopes to complete its work by the end of February 2005.