dean22029/WTO_Docs huggingface dataset:
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Agreement under Article 21.3(b) of the DSU
Date: 25 April 2012
Document codes: WT/DS396/14
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 20 April 2012, from the delegation of the Philippines
and the delegation of the European Union to the Chairperson of the Dispute Settlement Body, is
circulated in accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the Philippines and the European Union have
agreed that the reasonable period of time for the Philippines to implement the recommendations and
rulings of the Dispute Settlement Body ("DSB") in the dispute
(DS396) shall be 13 months and 16 days from th e 20 January 2012 date of adoption of the DSB
recommendations and rulings. Accordingly, the reasonable period of time expires on 8 March 2013.

 We request that you circulate this notification to the Members of the DSB.

(Signed)
For the Philippines

Mr. Jose Victor Chan-Gonzaga
Chargé d’affaires a.i.
(Signed)
For the European Union

Mr. Detlev Brauns
Chargé d’affaires a.i.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Status Report by the Philippines Addendum
Date: 7 December 2012
Document codes: WT/DS396/15/Add.2; WT/DS403/15/Add.2
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Status Report by the Philippines

Addendum

 The following communication, dated 6 December 2012, from the delegation of the
Philippines to the Chairperson 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 Disputes
Philippines – Distilled Spirits
(WT/DS396 and WT/DS403)

 The Philippines submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 20 January 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in Philippines – Distilled Spirits (WT/DS396, 403). By letter of 15 February 2012, the
Philippines notified the DSB of its intention to co mply with the recommendations and rulings of the
DSB in this matter in a manner that respects the Ph ilippines' WTO obligations . The Philippines also
indicated that it would require a reasonable period of time to comply with the recommendations and
rulings of the DSB.

 Subsequently, the Philippines, the United St ates, and the European Communities reached an
agreement under Article 21.3(b) of the DSU, pursuan t to which the reasonable period of time for the
Philippines to implement the recommendations and rulings of the DSB in these disputes would expire
on 8 March 2013. This agreement was notified to the DSB on 20 April 2012.

On 11 October 2012, the Philippines submitted to the DSB its first status report under
Article 21.6 of the DSU on its progress in the implementation of the DSB's recommendations and
rulings in this matter. The report was circulated to Members as document and
, dated 12 October 2012. On 7 Nove mber 2012, the Philippines submitted to the DSB
its second status report, which was circulated to Members as WT/DS396/15/Add.1 and
WT/DS403/15/Add.1, dated 9 November 2012.

Since the last status report, the Philippine Congress has continued its deliberation and
consolidation of certain legislative proposals with a view to amending the Philippines' Excise Tax
Law.

The Philippines expects to be able to provide a more detailed update on its implementation in
future status reports.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Request for Consultations by the European Communities
Date: 30 July 2009
Document codes: WT/DS396/1; G/L/890
Complainant: EU
Respondent: Philippines
Third parties: Australia, China, India, Mexico, Thailand, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Request for Consultations by the European Communities

 The following communication, dated 29 July 2009, from the delegation of the European
Communities to the delegation of the Philippines a nd to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.

 My authorities have instructed me to request consultations with the Government of the
Republic of the Philippines ("Philippines") pursuant to Articles 1 and 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes ("DSU") and Article XXII of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") with respect to discriminatory taxation applied
on imported alcoholic beverages by the Philippines. This discrimination adversely affects exports of
spirits (code 22.08 of the Harmonised System) from the European Communities to the Philippines.

 Under the current Excise Tax regime on distille d spirits, in place in the Philippines since
1997, imported spirits are subject to a system of price bands at substantially higher taxes than
domestic spirits. The measures in question are Section 141 of the National Internal Revenue Code of
1997 (Republic Act No. 8424, an Act amending the National Inter nal Revenue Code as amended and
for other purposes, Official Gazette June 1998), as amended by Republic Act No. 9334 increasing the
excise tax rates imposed on alcohol and tobacco products, amending for the purpose Sections 131,
141, 142, 143, 144, 145 and 288 of the National Internal Revenue Code of 1997, as amended; and any
amendments, replacements, related measures or implementing measures.

 The European Communities considers that these measures are inconsistent with the
Philippines obligations under the GATT 1994. In par ticular, the Philippines have acted inconsistently
with Article III:2 of the GATT 1994.

 The European Communities reserves the right to address additional measures and claims
under other provisions of the WTO Agreement regard ing the above matters during the course of the
consultations.

 The European Communities looks forward to receiving in due course a reply from the
Philippines to this request. The European Commun ities is ready to consider with the Philippines
mutually convenient dates to hold consultations in Geneva.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Constitution of the Panel Established at the Requests of the European Union and the United States Note by the Secretariat
Date: 6 July 2010
Document codes: WT/DS396/5; WT/DS403/5; WT/DS396/4; WT/DS403/4
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Constitution of the Panel Established at the Requests of the European Union

and the United States

Note by the Secretariat

1. At its meeting on 19 January 2010, the Di spute Settlement Body (DSB) established a panel
pursuant to the request of the European Uni on in document , in accordance with
Article 6 of the DSU (WT/DSB/M/278). At its meeting on 20 April 2010, the Dispute Settlement
Body (DSB) established a panel pursuant to th e request of the United States in document
, in accordance with Article 6 of the DSU (WT/DSB/M/282), and agreed, as provided
for in Article 9 of the Dispute Settlement Unders tanding (DSU) in respect of multiple complainants,
that the panel established on 19 January 2010 to exam ine the complaint by the European Union, will
also examine the United States' complaint.

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 European Union
and the United States in documents and 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 25 June 2010, the European Union and th e United States requested the Director-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 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 5 July 2010, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Eirik Glenne

 Members: Mr Minn Naing Oo
 Ms Claudia Orozco

5. Australia, China, Colombia (for DS403), the European Union (for DS403), India, Mexico,
Thailand, Chinese Taipei and the United States (for DS396) have reserved their rights to participate in
the Panel proceedings as third parties.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Communication from the Chairman of the Panel
Date: 20 December 2010
Document codes: WT/DS396/6; WT/DS403/6
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Communication from the Chairman of the Panel

 The following communication, dated 16 Dece mber 2010, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with 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 Settlement Body (DSB) in writing accordingly and
indicate the reasons, together with an estimate of the period within which it will issue its report.

 The Panel on (WT/DS396, WT/DS403) was
established by the DSB on 19 January 2010 and 20 April 2010, respectively, and composed on
5 July 2010.

 The timetable adopted by the Panel after c onsultations with the Parties to the dispute
envisages that the final report shall be issued to the Parties by June 2011. The Panel expects to
conclude its work within that time-frame.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Notification of an Other Appeal by the European Union 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: 30 September 2011
Document codes: WT/DS396/8; WT/DS403/8
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Notification of an Other Appeal by the European Union
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 28 Septem ber 2011, from the Delegation of the European
Union, is being circulated to Members.

Pursuant to Articles 16.4 and 17 of the DSU, the European Union hereby notifies to the
Dispute Settlement Body its decision to appeal to the Appellate Body certain issues of law covered
and certain legal interpretations developed by the Panel in Philippines — Taxes on Distilled Spirits
(WT/DS396, WT/DS403) ("Panel Report"). Pursuant to Rule 23(1) of the Working Procedures for
Appellate Review , the European Union simultaneously files this Notice of Other Appeal with the
Appellate Body Secretariat.

For the reasons further elaborated in its subm issions to the Appellate Body, the European
Union appeals, and requests the Appellate Body to reverse, modify or declare moot and of no legal
effect the findings and conclusions of the Panel, with respect to the following errors of law and legal
interpretations contained in the Panel Report, and to complete the analysis
1:
I. MISCHARACTERISATION OF THE EUROPEAN UNION CLAIM UNDER
ARTICLE III:2, SECOND SENTENCE, OF THE GATT

The Panel erred in its interpreta tion and application of Article 7, paragraphs 1 and 2, of the
DSU, and/or failed to make an objective assessment pursuant to Article 11 of the DSU, and/or falsely
exercised judicial economy, thereby violating Articles 3.7 and 21.1 of the DSU, when it wrongly
characterised the claim put forward by the Europ ean Union under Article III:2, second sentence, of
the GATT as "alternative" 2, and consequently failed to make any findings in relation to it. 3 T h e
European Union requests the Appellate Body to complete the analysis.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Communication from the Appellate Body
Date: 22 November 2011
Document codes: WT/DS396/9; WT/DS403/9
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Communication from the Appellate Body

 The following communication, dated 21 November 2011, from the Chair of the Appellate
Body addressed to the Chair 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 (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The Philippines notified the DSB on 23 Septembe r 2011 of its decision to appeal certain
issues of law covered in the Panel Reports and legal interpretations developed by the Panel in this
dispute, with the result that the 60-day period expires on Tuesday, 22 November 2011. Due to the
time required for completion and translation of the Reports, the Appellate Body will not be able to
circulate its Reports by Tuesday, 22 November 2011. We estimate that the Appellate Body Reports in
this appeal will be circulated to WTO Members no later than Thursday, 22 December 2011.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Communication from the Appellate Body
Date: 22 December 2011
Document codes: WT/DS396/10; WT/DS403/10; WT/DS396/AB/R; WT/DS403/AB/R.
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Communication from the Appellate Body

 The following communication, dated 21 November 2011, from the Chair of the Appellate
Body addressed to the Chair 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 provide to you th e Reports of the Appellate Body in , and The two Reports will be circulated, in the
form of a single document, to Members of the Wo rld Trade Organization at 4.00 p.m. today, in
accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes . It is a confidential document until its circulation. The three Members of
the Appellate Body who served on this appeal were Mr. Peter Van den Bossche, as Presiding
Member, Ms. Jennifer Hillman and Mr. Ricardo Ramírez-Hernández, as Members.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Communication from the Philippines
Date: 20 February 2012
Document codes: WT/DS396/12; WT/DS403/12
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Communication from the Philippines

 The following communication, dated 15 Febr uary 2012, from the delegation of the
Philippines to the Chairperson of the Dispute Settlement Body (DSB), is circulated at the request of
the Philippines.

The Dispute Settlement Body (DSB), during its 20 January 2012 meeting, adopted its
recommendations and rulings in the dispute " Philippines - Taxes on Distilled Spirits "
(DS396/DS403). Pursuant to Article 21.3 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Philippines would like to inform the DSB of its intentions with
respect to the implementation of the recommendations and rulings of the DSB. With the agreement of
the European Union and United States, the Philippi nes hereby informs the DSB of its intentions in
writing, rather than at a special meeting of the DSB.

The Philippines intends to implement the reco mmendations and rulings of the DSB in this
dispute in a manner that respects its WTO obliga tions, and we are currently conducting internal
consultations on the options for doing so. As the Ph ilippines will need a reasonable period of time in
which to do this, my delegation will shortly engage in discussions on this matter with the
European Union and the United States, in accordance with Article 21.3(b) of the DSU.

 The Philippines kindly requests the circulation of this communication to the Members of the
DSB.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Status Report by the Philippines
Date: 12 October 2012
Document codes: WT/DS396/15; WT/DS403/15
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Status Report by the Philippines

 The following communication, dated 11 Octobe r 2012, from the delegation of the Philippines
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Disputes
Philippines – Distilled Spirits
(WT/DS396 and WT/DS403)

The Philippines submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

On 20 January 2012, the Dispute Settlement B ody ("DSB") adopted its recommendations and
rulings in Philippines – Distilled Spirits (WT/DS396, 403). By letter of 15 February 2012, the
Philippines notified the DSB of its intention to co mply with the recommendations and rulings of the
DSB in this matter in a manner that respects the Ph ilippines' WTO obligations . The Philippines also
indicated that it would require a reasonable period of time to comply with the recommendations and
rulings of the DSB.

Subsequently, the Philippines, the United Stat es, and the European Communities reached an
agreement under Article 21.3(b) of the DSU, pursuan t to which the reasonable period of time for the
Philippines to implement the recommendations and rulings of the DSB in these disputes would expire
on 8 March 2013. This agreement was notified to the DSB on 20 April 2012.

The Philippines Congress is currently deliberating on certain legislative proposals with a view
to amending the Philippines excise tax law. The Executive Branch of the Philippines Government is
working closely with the Philippines Congress in this implementation process.
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Status Report by the Philippines Addendum
Date: 9 November 2012
Document codes: WT/DS396/15/Add.1; WT/DS403/15/Add.1
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Status Report by the Philippines

Addendum

 The following communication, dated 7 November 2012, from the delegation of the
Philippines to the Chairperson 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 Disputes
Philippines – Distilled Spirits
(WT/DS396 and WT/DS403)

 The Philippines submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").

 On 20 January 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in Philippines – Distilled Spirits (WT/DS396, 403). By letter of 15 February 2012, the
Philippines notified the DSB of its intention to co mply with the recommendations and rulings of the
DSB in this matter in a manner that respects the Ph ilippines' WTO obligations . The Philippines also
indicated that it would require a reasonable period of time to comply with the recommendations and
rulings of the DSB.

 Subsequently, the Philippines, the United St ates, and the European Communities reached an
agreement under Article 21.3(b) of the DSU, pursuan t to which the reasonable period of time for the
Philippines to implement the recommendations and rulings of the DSB in these disputes would expire
on 8 March 2013. This agreement was notified to the DSB on 20 April 2012.

 On 11 October 2012, the Philippines submitted to the DSB its first status report under
Article 21.6 of the DSU on its progress in the implementation of the DSB's recommendations and
rulings in this matter. The report was circulated to Members as document and
, dated 12 October 2012.

 Since the last status report, the Philippine Congress has continued its deliberations on certain
legislative proposals with a view to amending the Philippines' Excise Tax Law.

 The Philippines will continue to provide Members with further details in future status reports
PHILIPPINES – TAXES ON DISTILLED SPIRITS
Document: Appellate Body Reports and Panel Reports Action by the Dispute Settlement Body
Date: 20 January 2012
Document codes: WT/DS396/11; WT/DS403/11; WT/DS396/AB/R; WT/DS403/AB/R; WT/DS396/R; WT/DS403/R
Complainant: U.S.
Respondent: Philippines
Third parties: Australia, China, Colombia, EU, India, Mexico, Thailand, Taiwan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

25 de enero de 2012

PHILIPPINES – TAXES ON DISTILLED SPIRITS

Appellate Body Reports and Panel Reports

Action by the Dispute Settlement Body

 At its meeting on 20 January 2012, the Dis pute Settlement Body adopted the Appellate Body
reports on (, ) and the
Panel reports (, ), as modifi ed by the Appellate Body reports. The Panel
reports should be read in conjunction with the Appellate Body reports.

Rapports de l'Organe d'appel et rapports du Groupe spécial

l'Organe d'appel.

Actuación del Órgano de Solución de Diferencias
 En su reunión de 20 de enero de 2012, el Órgano de Solución de Diferencias adoptó los
1 – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Communication from the Chairman of the Panel
Date: 7 April 2010
Document codes: WT/DS397/5
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES
1 – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Communication from the Chairman of the Panel

 The following communication, dated 1 April 2010, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated pursuan t 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 European Communities – Definitive Anti-Dumping Measures on Certain Iron or
Steel Fasteners from China (DS397) was established by the DSB on 23 October 2009 and composed
on 9 December 2009.

 It will not, however, be possible for the Panel to complete its work in six months in light of
scheduling conflicts.

 The Panel expects to complete its work in September 2010.
1 – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Communication from the Appellate Body
Date: 5 July 2011
Document codes: WT/DS397/9
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES
1 – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Communication from the Appellate Body

 The following communication, dated 24 May 2011, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, 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 (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The European Union notified the DSB on 25 March 2011 of its decision to appeal certain
issues of law covered in the Panel Report and legal interpretations developed by the Panel in this case,
with the result that the 60-day period expires on Tuesday, 24 May 2011. Due to the time required for
completion of the Report, the Appellate Body will not be able to circulate its Report by Tuesday,
24 May 2011. We estimate that the Appellate Body Report in this appeal will be circulated to WTO
Members by mid-July 2011.

1On 1 December 2009, the Treaty of Lisbon amending the Treaty on European Union and the Treaty
establishing the European Community (done at Lisbon, 13 December 2007) entered into force. On
29 November 2009, the World Trade Or ganization received a Verbal Note (W T/L/779) from the Council of the
European Union and the Commission of the European Communities stating that, by virtue of the Treaty of
Lisbon, as of 1 December 2009, the "European Union" replaces and succeeds the "European Community". On
13 July 2010, the World Trade Organi zation received a second Verbal Note (WT/Let/679) from the Council of
the European Union confirming that , with effect from 1 December 2009 , the European Union replaced the
European Community and assumed all the rights and obligations of the European Community in respect of all
Agreements for which the Director-General of the World Trade Organization is the depositary and to which the
European Community is a signatory or a contracting party.
1 – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Communication from the Appellate Body
Date: 18 July 2011
Document codes: WT/DS397/10; WT/DS397/AB/R.
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES
1 – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Communication from the Appellate Body

 The following communication, dated 15 July 2011, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, 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 provide to you the Report of the Appellate Body in European
Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China ,
 It will be circulated to Member s of the at 4.00 p.m.
today, in accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes . It is a confidential document until its circulation. The three
Members of the Appellate Body who served on this appeal were: Mr. Shotaro Oshima, as Presiding
Member, and Mr. David Unterhalter and myself, as Members.

1On 1 December 2009, the Treaty of Lisbon amending the Treaty on European Union and the Treaty
establishing the European Community (done at Lisbon, 13 December 2007) entered into force. On
29 November 2009, the World Trade Or ganization received a Verbal Note (W T/L/779) from the Council of the
European Union and the Commission of the European Communities stating that, by virtue of the Treaty of
Lisbon, as of 1 December 2009, the "European Union" replaces and succeeds the "European Community". On
13 July 2010, the World Trade Organi zation received a second Verbal Note (WT/Let/679) from the Council of
the European Union confirming that , with effect from 1 December 2009 , the European Union replaced the
European Community and assumed all the rights and obligations of the European Community in respect of all
Agreements for which the Director-General of the World Trade Organization is the depositary and to which the
European Community is a signatory or a contracting party.
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Communication from the European Union 1
Date: 22 August 2011
Document codes: WT/DS397/12
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Communication from the European Union
1

 The following communication, dated 18 Augus t 2011, from the delegation of the European
Union to the Chairperson of the Dispute Settlement Body, is circulated at the request of that
delegation.

 At its meeting on 28 July 2011, the Dispute Settlement Body ("DSB") adopted
recommendations and rulings in the dispute (WT/DS397). My authorities have instructed
me to inform the DSB of the intentions of the Eu ropean Union with respect to implementation of the
recommendations and rulings of the DSB, as is our responsibility under Article 21.3 of the
Understanding on Rules and Procedures Governing th e Settlement of Disputes ("DSU"). China has
agreed that, in order to comply with Article 21.3, first sentence and footnote 11 of the DSU, the
European Union would inform the DSB of the EU intentions by letter rather than at a special meeting of
the DSB held in August.

The European Union intends to implement the re commendations and rulings of the DSB in this
dispute in a manner that respects its WTO obligations . We are consulting internally on the options for
doing so. The European Union will need a reasonable period of time in which to do this. My delegation
stands ready to discuss this matter with China in due course, in accordance with Article 21.3(b) of the
DSU.

The European Union kindly requests that you ci rculate this communication to the Members of
the DSB. At the same time, the European Union requests the DSB to add a separate point on this dispute
in the agenda of the regular DSB meeting that will be held on 2 Septem ber 2011 to reconfirm the
information on implementation.

November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and the
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December
2009, the European Union replaces and succeeds the European Community.
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Agreement under Article 21.3(b) of the DSU
Date: 24 January 2012
Document codes: WT/DS397/14
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 19 January 2012, from the delegation of China and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), China and the European Union have
agreed that the reasonable period of time for the European Union to impl ement the recommendations
and rulings of the Dispute Settlement Body ("DSB") in the dispute European Communities —
Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397) shall
be 14 months and 2 weeks from the 28 July 2011 i.e. the date of adoption of the DSB
recommendations and rulings. Accordingly, the reasonable period of time expires on
12 October 2012.

 We request that you circulate this notification to the Members of the DSB.

For the People's Republic of China

H.E. Mr. Yi Xiaozhun
Ambassador
 For the European Union

H.E. Mr. Angelos Pangratis
Ambassador
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Status Report by the European Union Addendum
Date: 12 October 2012
Document codes: WT/DS397/15/Add.3
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Status Report by the European Union

Addendum

 The following communication, dated 11 Oc tober 2012, from the delegation of the
European Union to the Chairperson of the Dis pute Settlement 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/DS397)

The European Union refers to the reco mmendations and rulings in the dispute European
Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China
(WT/DS397). The European Union hereby informs th e Dispute Settlement Body that it has adopted
the measures necessary to comply with those recommendations before the expiry of the reasonable
period of time agreed with China. In particular:

i) Regulation (EU) No 765/2012 of the Eur opean Parliament and of the Council of
13 June 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped
imports from countries not members of the European Community ("Basic Anti-dumping
Regulation"), published in the Official Jour nal of the European Union on 3 September 2012
(OJ L 237, 3.9.2012, p. 1). This Regulation fully implements the recommendations and rulings with
regard to Article 9(5) "as such" of the Basic Anti-dumping Regulation.

ii) Council Implementing Regulation (EU) No 924/2012 of 4 October 2012 amending
Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or
steel fasteners originating in the People’s Republic of China, published in the Official Journal of the
European Union on 10 October 2012 (OJ L 275, 10.10.2 012, p. 1). This Regulation fully implements
the recommendations and rulings with regard to the relevant anti-dumping measures on fasteners from
China.

The adoption of the measures listed above en sures the full implementation of the DSB
recommendations and rulings of the DSB in this dispute.
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA CONSTITUTION OF THE PANEL
Document: Note by the Secretariat
Date: 28 March 2014
Document codes: WT/DS397/19; WT/DS397/18.1
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA
CONSTITUTION OF THE PANEL
Note by the Secretariat
1. At its meeting on 18 December 2013, the Dispute Settlement Body (DSB) referred this
dispute, if possible, to the original Panel in a ccordance with Article 21.5 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) to examine the matter referred
to the DSB by China in document

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant pr ovisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by China 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 17 March 2014, China requested the Direct or-General to determine the composition of
the Panel pursuant to paragraph 7 of Article 8 of the DSU.
 2 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 composition of the panel by appointing the
panelists whom the Director-General considers 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 the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB sh all 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 27 March 2014, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Jose Antonio Buencamino

 Members: Mr Michael Mulgrew
 Mr Arie Reich

5. Japan and the United States have reserved their rights to participate in the Panel
proceedings as third parties.
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 16 July 2014
Document codes: WT/DS397/20
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
RECOURSE TO ARTICLE 21.5 OF THE DSU BY CHINA
COMMUNICATION FROM THE PANEL
The following communication, dated 14 July 2014, wa s received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the panel shall circulate its report within 90 days after the date of referral of
the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 18 December 2013, the DSB referred the dispute European Communities – Definitive Anti-
Dumping Measures on Certain Iron or Steel Fasteners from China, Recourse to Article 21.5 of the
DSU by China (WT/DS397) to the original panel, if possible. The Panel was composed on
27 March 2014.
1

The Panel expects to issue its final report to the parties in May 2015, in accordance with the
timetable adopted after consultation with the parties.
EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE PEOPLE'S REPUBLIC OF CHINA COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 12 November 2015
Document codes: WT/DS397/23
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON
OR STEEL FASTENERS FROM CHINA
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE PEOPLE'S REPUBLIC OF CHINA
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 6 November 2015, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Body, is circulated to Members in accordance
with Article 17.5 of the Understanding on Rule s 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 after the appellant has formally notified the Dispute Settlement Body
(the "DSB") of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate Body
considers that it cannot provide its Report within 60 days, it shall inform the DSB in writing of the
reasons for the delay together with an estimate of the period within which it will submit its Report.

The European Union notified the DSB on 9 September 2015 of its decision to appeal certain issues of
law covered in the Panel Report and legal interpretations developed by the Panel in this case, with
the result that the 60-day period expires on Sunday, 8 November 2015. Due to the time required for
completion and translation of the Report, the Appellate Body is not able to circulate its Report by this
date.

The Appellate Body has faced a substantial workload in 2015, with several appeals proceeding in
parallel, and there has been overlap in the composition of the Divisions hearing these different
appeals during this period. Due to the scheduling i ssues arising from these circumstances, the fact
that the length of the submissions filed in this appeal (in word count) exceeds the length of the
panel report by 2.5 times, the number and complexity of the issues raised in this and concurrent
appeal proceedings, together with the demands that these concurrent appeals place on the
WTO Secretariat's translation services, and shortage of staff in the Appellate Body Secretariat, the
Appellate Body will not be able to circulate its report in this dispute within the 90-day timeframe
provided for in Article 17.5 of the DSU.

For these reasons, we estimate that the Appellate Bo dy report in this appeal will be circulated to
WTO Members on 18 January 2016.
EUROPEAN COMMUNITIES - DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Document: Action by the Dispute Settlement Body
Date: 15 February 2016
Document codes: WT/DS397/25; WT/DS397/AB/RW; WT/DS397/AB/RW/Add.1; WT/DS397/RW; WT/DS397/RW/Add.1
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES - DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON
OR STEEL FASTENERS FROM CHINA
APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Action by the Dispute Settlement Body
At its meeting on 12 February 2016, the Disput e Settlement Body adopted the Appellate Body
report on European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel
Fasteners from China - Recourse to Article 21.5 of the DSU by China ( and
) and the Panel report ( and ), as
modified by the Appellate Body report. The Panel report should be read in conjunction with the
Appellate Body report.

COMMUNAUTÉS EUROPÉENNES - MESURES ANTIDUMPING DÉFINITIVES
VISANT CERTAINS ÉLÉMENTS DE FIXATION EN FER OU
EN ACIER EN PROVENANCE DE CHINE
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL CONFORMÉMENT À
À sa réunion du 12 février 2016, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé Communautés européennes - Mesures antidumping définitives visant
certains éléments de fixation en fer ou en acier en provenance de Chine - Recours de la Chine à
doit être lu conjointement avec celui de l'Organe d'appel.

COMUNIDADES EUROPEAS - MEDIDAS ANTIDUMPING DEFINITIVAS
SOBRE DETERMINADOS ELEMENTOS DE FIJACIÓN DE HIERRO
O ACERO PROCEDENTES DE CHINA
Actuación del Órgano de Solución de Diferencias
En su reunión de 12 de febrero de 2016, el Órgano de Solución de Diferencias adoptó el informe
del Órgano de Apelación titulado Comunidades Europeas - Medidas antidumping definitivas sobre
determinados elementos de fijación de hierro o acero procedentes de China - Recurso de China al
Apelación.