CHINA – ANTI-DUMPING MEASURES ON STAINLESS STEEL PRODUCTS FROM JAPAN UNDERSTANDING BETWEEN CHINA AND JAPAN REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: UNDERSTANDING BETWEEN
Date: 29 May 2024
Document codes: WT/DS601/12
Complainant: Japan
Respondent: China
Third parties: Australia, Brazil, Canada, EU, India, South Korea, Mexico, Russia, Saudi Arabia, Taiwan, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2  Anti-dumpingArt. VI  GATT 1994

CHINA – ANTI-DUMPING MEASURES ON STAINLESS STEEL PRODUCTS FROM JAPAN
UNDERSTANDING BETWEEN CHINA AND JAPAN REGARDING
PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, dated 27 May 2024, from the delegation of China and the delegation
of Japan to the Chairperson of the Dispute Settlement Body, is circulated at the request of these
delegations.
The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute
China – Anti-Dumping Measures on Stainless Steel Products from Japan (WT/DS601) on
28 July 2023.
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), the People's Republic of China ("China") and Japan agreed that the reasonable
period of time to implement the recommendations and rulings of the DSB in this dispute would be
9 months and 10 days, expiring on 8 May 2024 ().
China and Japan (each a "Party" and collectively, "the Parties" ) have agreed on the following
procedures for the exclusive purposes of this dispute. These are designed to facilitate the resolution
of the dispute and reduce the scope for procedural disputes and are without prejudice to eithe r
Party's views on the correct interpretation of the DSU:
1. Should Japan consider that the situation described in Article 21.5 of the DSU exists, Japan will
request that China enter into consultations with Japan. The Parties agree to hold such
consultations within 15 days from the date of receipt of the request. After this 15-day period
has elapsed, Japan may request the establishment of a panel pursuant to Article 21.5 of the
DSU at any time.
2. At the first DSB meeting at which Japan's request for the es tablishment of an Article 21.5
panel appears on the agenda, China shall accept the establishment of that panel.
3. The Parties shall cooperate to enable the Article 21.5 panel to circulate its report within
90 days of the panel's establishment, excluding such time during which the panel's work may
be suspended pursuant to Article 12.12 of the DSU.
4. Either Party may request the DSB to adopt the report of the Article 21.5 panel at a DSB
meeting held at least 20 days after the circulation of the report to the Members unless either
Party appeals the report.
5. Regarding a potential appeal by either Party, the Parties recall that the Agreed Procedures for
Arbitration under Article 25 of the DSU (WT/DS601/6) apply with respect to any final panel
report issued in this dispute, including in compliance proceedings pursuant to Article 21.5 of
the DSU.
6. Japan may request authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU in the event of a final ruling as a result of a proceeding under

Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent with
a covered agreement. China shall not assert that Japan is precluded from obtaining such DSB
authorization because its request was made outside the time period specified in the first
sentence of Article 22.6 of the DSU. This is without prejud ice to China's right to have the
matter referred to arbitration in accordance with Article 22.6 of the DSU.
7. If Japan requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, China shall have the right to ob ject under Article 22.6 of the DSU to
the level of suspension of concessions or other obligations and/or claim that the principles and
procedures set forth in Article 22.3 of the DSU have not been followed. In the event of such
objection, the matter will be referred to arbitration pursuant to Article 22.6 of the DSU.
8. The Parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to circulate
its decision within 60 days of the referral to arbitration.
9. If any of the original panelists is not available for either the Article 21.5 compliance panel or
the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes
unavailable to serve, the Parties will promptly consult on a replacement, and either Party may
request the Director-General of the WTO to appoint, within ten days of being so requested, a
replacement for the proceeding or proceedings in which a replacement is required. If an
original panelist is unavailable to serve in either of the proceedings, or a pers on serving in
such proceeding becomes unavailable to serve, the Parties will further request that, in making
this appointment, the Director -General seek a person who will be available to act in both
proceedings.
10. The Parties will continue to cooperate i n all matters related to these agreed procedures and
agree not to raise any procedural objection to any of the steps set out herein. If, during the
application of these procedures, the Parties consider that a procedural aspect has not been
properly address ed in these procedures, they will endeavor to find a solution within the
shortest time possible that will not affect the other aspects and steps agreed herein.