dean22029/WTO_Docs huggingface dataset:
BRAZIL – CERTAIN MEASURES CONCERNING TAXATION AND CHARGES STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY BRAZIL
Document: Addendum
Date: 6 December 2019
Document codes: WT/DS497/14/Add.1
Complainant: Japan
Respondent: Brazil
Third parties: Argentina, Australia, Canada, China, Colombia, EU, India, South Korea, Russia, Singapore, Turkey, Ukraine, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:2, III:4, III:5  GATT 1994Art. 2.1, 2.2  Trade-Related Investment Measures (TRIMs)Art. III  GATT 1994Art. 3.1(b), 3.2, 1.1  Subsidies and Countervailing Measures (SCM)

BRAZIL – CERTAIN MEASURES CONCERNING TAXATION AND CHARGES
STATUS REPORT REGARDING IMPLEMENTATION OF
THE DSB RECOMMENDATIONS AND RULINGS
BY BRAZIL
Addendum
The following communication, dated 5 December 2019 , from the delegation of Brazil to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

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

On 11 January 2019, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings
in Brazil – Certain Measures Concerning Taxation and Charges (WT/DS472 and WT/DS497). At the
following DSB meeting, Brazil informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter.

Brazil and the Japan agreed that the reasonable period of time ("RPT") for Brazil to implement the
recommendations and rulings of the DSB would end on 31 December 2019, with the exception of
the measures found to be prohibited subsidies, for which Brazil agreed to bring its measures into
compliance on 21 June 2019.

Three programmes have expired before the adoption of the reports of the Panel and of the Appellate
Body: INOVAR-AUTO expired on 31 December 2017, pursuant to Law 12,715/2012; PATVD expired
on 22 January 2017, pursuant to Law 11,484/2007; and Digital Inclusion expired on 30 December
2015, pursuant to Law 13,241/2015. These programmes have expired and have not been renewed.
Therefore, there are no further obligations with regard to recommendations made in relation to those
programmes.

With regard to the findings on "Processos Produtivos Básicos" (PPBs), on 19 June 2019, the Ministry
of the Economy and the Ministry of Science and Technology issued Interministerial Implementing
Order SEPEC/ME/MCTIC Nº 1 , revoking Implementing Orders found to be inconsistent with the
Covered Agreements. Furthermore, several Implementing Orders have been enacted in substitution
to those found to be inconsistent in the rulings of the reports. These new Implementing Orders do
not reference other PPBs and are consistent with Brazil's obligations under the WTO.

With relation to the findings on the Informatics and PADIS programmes, the Government of Brazil
is preparing to enact legislation with consultations with all interested stakeholders in order to amend
the respective laws so as to bring those measures into conformity within the agreed RPT.
BRAZIL – CERTAIN MEASURES CONCERNING TAXATION AND CHARGES STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY BRAZIL
Document: Addendum
Date: 17 January 2020
Document codes: WT/DS497/14/Add.2
Complainant: Japan
Respondent: Brazil
Third parties: Argentina, Australia, Canada, China, Colombia, EU, India, South Korea, Russia, Singapore, Turkey, Ukraine, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:2, III:4, III:5  GATT 1994Art. 2.1, 2.2  Trade-Related Investment Measures (TRIMs)Art. III  GATT 1994Art. 3.1(b), 3.2, 1.1  Subsidies and Countervailing Measures (SCM)

BRAZIL – CERTAIN MEASURES CONCERNING TAXATION AND CHARGES
STATUS REPORT REGARDING IMPLEMENTATION OF
THE DSB RECOMMENDATIONS AND RULINGS
BY BRAZIL
Addendum
The following communication, dated 16 January 2020 , from the delegation of Brazil to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

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

On 11 January 2019, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings
in Brazil – Certain Measures Concerning Taxation and Charges (WT/DS472 and WT/DS497). At the
following DSB meeting, Brazil informed the DSB of its intention to implement the recommendations
and rulings of the DSB in connection with this matter.

Brazil and Japan agreed that the reasonable period of time ("RPT") for Brazil to implement the
recommendations and rulings of the DSB would end on 31 December 2019.

Three programmes have expired before the adoption of the reports of the Panel and of the Appellate
Body: INOVAR -AUTO expired on 31 December 2017, pursuant to Law 12,715/2012; PATVD
expired on 22 January 2017, pursuant to Law 11,484/2007; and Digital Inclusion expired on
30 December 2015, pursuant to Law 13,241/2015. These programmes have expired and have not
been renewed. Therefore, there are no further obligations with regard to recommendations made in
relation to those programmes.

With regard to the findings on "Processos Produtivos Básicos" (PPBs), Brazil has either revoked or
substituted all implementing orders found to be inconsistent with the reports. In this context, all
PPBs currently in effect are consistent with Brazil’s obligations under the WTO.

With relation to the findings on the Informatics and PADIS programmes, the Government of Brazil
has enacted Law 13.969 of 26 December 2019, bringing those measures into conformity within the
agreed RPT.

Brazil is therefore in full compliance with the DSB recommendations and rulings in this dispute.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF UKRAINE NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 6 March 2017
Document codes: WT/DS499/3; WT/DS499/2; WT/DS499/2
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT
 AND PARTS THEREOF
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF UKRAINE
NOTE BY THE SECRETARIAT
1. At its meeting on 16 December 2016 , the Dispute Settlement Body (DSB) established a
panel pursuant to the request of Ukraine in document , in accordance with Article 6 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).1

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

"To examine, i n the light of the relevant provisions of the covered agreements cited
by the parties to the dispute, the matter referred to the DSB by Ukraine 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. Following the agreement of the parties, the panel was composed on 2 March 2017 as
follows:

Chairman: Mr Ronald Saborio Soto

 Members: Mr Hugo Cayrús
 Mr Hunter Nottage

4. Canada, China, the European Union, India, Indonesia, Japan, Singapore and the
United States have reserved their rights to participate in the Panel proceedings as third parties.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 20 July 2017
Document codes: WT/DS499/4
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE PANEL
The following communication, dated 18 July 2017, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel 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 i ssue 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 Russia – Measures Affecting the Importation of Railway Equipment and Parts Thereof
(WT/DS499) was established by the DSB on 16 December 2016 and composed on 2 March 2017.

The Panel expects t o issue its final report to the parties in April 2018, in accordance with t he
timetable adopted after consultation with the parties.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 25 April 2018
Document codes: WT/DS499/5
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE PANEL
The following communication, dated 24 April 2018 , addressed to the Chairperson 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 panel 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 pro vides 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 Russia – Measures Affecting the Importation of Railway Equipment and Parts Thereof
(DS499) was established by the DSB on 16 December 2016 and composed on 2 March 2017.

Due to the complex procedural and factual nature of the dispute, the Panel will be unable to finish
its work this month (as estimated in our last letter circulated as ). Following
consultations with the parties, the Panel now expects to issue its final report to the parties in
May 2018. The report will be available to the public once it is circulated to the Members in all three
official languages of the WTO. The date of circulation depends on completion of translation and the
Panel is not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the DSB.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF APPELLATE BODY REPORT AND PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 26 March 2020
Document codes: WT/DS499/13; WT/DS499/AB/R/Add.1; WT/DS499/R; WT/DS499/R/Add.1
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
APPELLATE BODY REPORT AND PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 5 March 2020, the Dispute Settlement Body adopted the Appellate Body report on
Russia – Measures Affecting the Importation of Railway Equipment and Parts Thereof
(WT/D499/AB/R 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.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE APPELLATE BODY
Document: Panel Report
Date: 25 October 2018
Document codes: WT/DS499/8
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 2 4 October 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I am writing pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), which states 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
(DSB) of its decision to appeal. Article 17.5 further states 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. In no case shall
the proceedings exceed 90 days."

Ukraine notified the DSB on 27 August 2018 of its decision to appeal certain issues of law covered in
the Panel Report and legal interpretations developed by the Panel in this case. As a result, the 60-day
period expires on 26 October 2018. The Appellate Body is not able to circulate its Report by that date.

The Appellate Body is also not able to circulate its report within the 90-day timeframe provided for
in the last sentence of Article 17.5 of the DSU. In this respect, we refer to the size of the Panel record
and the complex issues appealed. We further note that in view of the backlog of appeals pending with
the Appellate Body at present, and the overlap in the composition of all divisions resulting in part from
the reduced number of Appellate Body Members, Division Members can currently spend only very little
time preparing for this appeal. It will not be possible for the Division to focus on the consideration of
this appeal and for it to be fully staffed for some time.

As soon as we know more precisely when the division can schedule the hearing in this appeal, we will
inform the participants and DSB Members.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE APPELLATE BODY
Document: Appellate Body Report
Date: 11 December 2019
Document codes: WT/DS499/9
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 9 December 2019, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I refer to our letter of 24 October 2018, setting out the reasons why the Appellate Body would not
be able to circulate its Report in these proceedings within the timeframe provided for in Article 17.5
of the DSU. We can now inform you that we intend to circulate the Appellate Body Report in this
appeal on Tuesday, 4 February 2020.
RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND PARTS THEREOF COMMUNICATION FROM THE APPELLATE BODY
Document: Report of the Appellate Body
Date: 6 February 2020
Document codes: WT/DS499/10; WT/DS499/AB/R.
Complainant: Ukraine
Respondent: Russia
Third parties: Canada, China, EU, India, Indonesia, Japan, Singapore, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.1.1, 5.1.2, 5.2.2, 5.2.3, 2.1  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:3(a), XI:1, XIII:1  GATT 1994

RUSSIA – MEASURES AFFECTING THE IMPORTATION OF RAILWAY EQUIPMENT AND
PARTS THEREOF
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 4 February 2020, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

It is my honour to provide to you the Report of the Appellate Body in Russia – Measures Affecting
the Importation of Railway Equipment and Parts Thereof , It will be circulated to
Members of the at 5 p.m. today, in accordance with Article 17.5 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 Thomas R. Graham, as Presiding Member, and Mr Shree B.C. Servansing and myself, as
Members.
CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT REQUEST TO JOIN CONSULTATIONS
Document: Communication from Canada
Date: 22 December 2015
Document codes: WT/DS501/2
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. III:2, III:4, X:1  GATT 1994Part I, para. 1.2,   Protocol of Accession

CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT
REQUEST TO JOIN CONSULTATIONS
Communication from Canada
The following communication, dated 18 December 2015, from the delegation of Canada to the
delegation of China, the delegation of the Unit ed States and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of Canada hereby notifies its desire to join the consultations
requested by the United States pursuant to Articles 1 and 4 of the DSU and Article XXII of the
General Agreement on Tariffs and Trade 1994 with respect to China's measures related to certain
aircraft. The request of the United States is set out in document

Canada has a substantial trade interest in these proceedings. Canada is a major producer,
exporter, and importer of aircraft and is affected by China’s measures. China is an important
export market for aircraft made in Canada. Between 2012 and 2014, China was Canada’s second
largest export destination for aircraft and Canada was among the top suppliers of aircraft to China.
T h e m e a s u r e s a t i s s u e i n t h i s d i s p u t e m a y a f f e c t C a n a d a ’ s e x p o r t s o f a i r c r a f t t o C h i n a . M o r e
generally, these measures have important consequences for international trade in aircraft, as will
any resolution of this matter.

As a result of this substantial trade interest, Canada respectfully requests that it be permitted to
join the consultations in this dispute.

A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with a request
that it be circulated to Members.
CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 22 December 2015
Document codes: WT/DS501/3; WT/DS501/1
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. III:2, III:4, X:1  GATT 1994Part I, para. 1.2,   Protocol of Accession

CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
The following communication, dated 18 December 2015, from the delegation of the
European Union to the delegation of China, the delegation of the United States and to the
Chairperson of the Dispute Settlement Body, is circ ulated in accordance with Article 4.11 of the
DSU.

Following the request for consultations of the United States that was circulated to the WTO
Members on 10 December 2015 (), and pursuant to Article 4.11 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU), the European Union hereby
notifies the Government of the People's Republic of China, the Government of the United States of
America and the Dispute Settlement Body of its desi re to join the consultations requested by the
United States in DS501, in light of its substantial trade interest in this dispute.
The European Union's substantial trade interest to participate in these consultations is justified by
the fact that the alleged discriminatory tax advantages for domestically produced general, regional
or agricultural aircraft in the People's Republic of China potentially affect its own aircraft industry.
The European Union points out that it has an important aeronautics industry and is one of the
main global exporters of aircraft and components with around 55 billion Euros of worldwide (extra-
EU) exports (in aircraft and related parts) in 2014. Exports from the European Union to the
People's Republic of China of aircraft and components amounted to around 7.8 billion Euros.
Therefore, the European Union has a substantial trade interest to participate as third-party in
these consultations.
The European Union looks forward to being informed of the date and venue of the consultations.
CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT REQUEST TO JOIN CONSULTATIONS
Document: Communication from Japan
Date: 4 January 2016
Document codes: WT/DS501/4
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. III:2, III:4, X:1  GATT 1994Part I, para. 1.2,   Protocol of Accession

CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT
REQUEST TO JOIN CONSULTATIONS
Communication from Japan
The following communication, dated 21 December 2015, from the delegation of Japan to the
delegation of China, the delegation of the Unit ed States and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I wish to refer to the consultations requested by the United States pursuant to Articles 1 and 4 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and
Article XXII:1 of the General Agreement on Tariffs and Trade 1994 in the request for consultations
by the United States circulated to WTO Members on 10 December 2015 titled " China - Tax
Measures Concerning Certain Domestically Produced Aircraft " (as WTO document ,
). My authorities have instructed me to notify the consulting Members and the Dispute
Settlement Body of the desire of Japan to be joined in these consultations, pursuant to
paragraph 11 of Article 4 of the DSU.
Japan is a major supplier of aircraft parts to the world,
1 and in particular to the United States, one
of the biggest aircraft producing countries in the world. 2 The measures identified in the request for
consultations by the United States appear to adversely affect international trade of aircraft parts
originating from Japan which are used for manufacturing aircrafts destined for China. Therefore, as
a major supplier of aircraft parts to the world including the United States, Japan has a substantial
trade interest in the consultations.
Source: Statistics of the Ministry of Finance of Japan. The original currency of the statistics is Japanese Yen.).
2 In 2014, the total value of exports of aircraft parts (HS Code 88.03) from Japan to the United States
amounted to 3.8 billion US dollars (calculated at the exchange rate of 1 USD =122.33 JPY as of 16 December
2015. Source: Statistics of the Ministry of Finance of Japan. The original currency of the statistics is Japanese
Yen.).
CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 25 January 2016
Document codes: WT/DS501/5
Complainant: U.S.
Respondent: China
Dispute stage: Consultation
Agreements cited: Art. III:2, III:4, X:1  GATT 1994Part I, para. 1.2,   Protocol of Accession

CHINA – TAX MEASURES CONCERNING CERTAIN DOMESTICALLY PRODUCED AIRCRAFT
ACCEPTANCE BY CHINA OF THE REQUESTS TO JOIN CONSULTATIONS
Canada, the European Union and Japan, notified the Dispute Settlement Body (DSB) of their desire
to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the
DSU.

The delegation of China informed the DSB that it had accepted the requests of Canada and the
European Union to join the consultations.

CHINE – MESURES FISCALES VISANT CERTAINS AÉRONEFS
PRODUITS DANS LE PAYS
AUX CONSULTATIONS

CHINA - MEDIDAS FISCALES RELATIVAS A DETERMINADAS
AERONAVES DE PRODUCCIÓN NACIONAL
El Canadá, el Japón y la Unión Europea notificaron al Órgano de Solución de Diferencias (OSD), de
COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 27 January 2016
Document codes: WT/DS502/2; WT/DS502/1
Complainant: EU
Respondent: Colombia
Third parties: Brazil, Canada, Chile, China, Ecuador, El Salvador, Guatemala, India, Kazakhstan, South Korea, Mexico, Panama, Russia, Taiwan, U.S.
Dispute stage: Panel
Agreements cited: Art. III:2, III:1, III, XXIV:12, III:4, X:3(a)  GATT 1994

COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 25 January 2016, from the delegation of the United States to
the delegation of Colombia, the delegation of th e European Union and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This concerns the request for consultations by the European Union on Colombia – Measures
Concerning Imported Spirits (). My authorities have instructed me to notify the
consulting Members and the Dispute Settlement Body of the desire of the United States to be
joined in these consultations, pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes . Between January 2012 and December 2014,
US exports to Colombia of spirts subject to the national excise tax and other measures at issue
were valued at nearly $7 million and accounted for over three per cent by value of Colombian
imports of spirits. Furthermore, US exports of rum accounted for twelve per cent by value of
Colombian imports of rum in 2014. As such, the United States has a substantial trade interest in
these consultations.
COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Canada
Date: 29 January 2016
Document codes: WT/DS502/3; WT/DS502/1
Complainant: EU
Respondent: Colombia
Third parties: Brazil, Canada, Chile, China, Ecuador, El Salvador, Guatemala, India, Kazakhstan, South Korea, Mexico, Panama, Russia, Taiwan, U.S.
Dispute stage: Panel
Agreements cited: Art. III:2, III:1, III, XXIV:12, III:4, X:3(a)  GATT 1994

COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS
REQUEST TO JOIN CONSULTATIONS
Communication from Canada
The following communication, dated 27 January 2016, from the delegation of Canada to the
delegation of Colombia, the delegation of the European Union and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

My authorities have instructed me to notify, pursuant to Article 4.11 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes , the desire of Canada to be joined in the
consultations requested by the European Union in Colombia — Measures Concerning Imported
Spirits ().

Canada has a substantial trade interest in these consultations. Canada is a major exporter of
spirits and is affected by Colombia's measures. Canadian exporters consider that the Colombian
market has significant growth potential. Accordingl y, they have made considerable investments to
realize this potential, including the introduction of new brands into the Colombian market. The
measures at issue in these consultations jeopardize these investments and the expansion of
Canadian exports of spirits. More generally, these measures appear to have important
consequences for international trade in spirits.

As a result of its substantial trade interest, Canada respectfully requests that it be joined in these
consultations.

A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with a request
that it be circulated to Members.
COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Panama
Date: 29 January 2016
Document codes: WT/DS502/4
Complainant: EU
Respondent: Colombia
Third parties: Brazil, Canada, Chile, China, Ecuador, El Salvador, Guatemala, India, Kazakhstan, South Korea, Mexico, Panama, Russia, Taiwan, U.S.
Dispute stage: Panel
Agreements cited: Art. III:2, III:1, III, XXIV:12, III:4, X:3(a)  GATT 1994

COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS
REQUEST TO JOIN CONSULTATIONS
Communication from Panama
The following communication, dated 28 January 2016, from the delegation of Panama to the
delegation of Colombia, the delegation of the European Union and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the DSU, I would like to inform you that Panama considers that it has a
substantial trade interest in the following dispute: Colombia - Measures Concerning Imported
Spirits (DS502).

Consequently, Panama would like to be joined in the consultations requested by the
European Union in document I look forward to receiving Colombia's reply to
this request.
COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS ACCEPTANCE BY COLOMBIA OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY COLOMBIA OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 10 February 2016
Document codes: WT/DS502/5
Complainant: EU
Respondent: Colombia
Third parties: Brazil, Canada, Chile, China, Ecuador, El Salvador, Guatemala, India, Kazakhstan, South Korea, Mexico, Panama, Russia, Taiwan, U.S.
Dispute stage: Panel
Agreements cited: Art. III:2, III:1, III, XXIV:12, III:4, X:3(a)  GATT 1994

COLOMBIA – MEASURES CONCERNING IMPORTED SPIRITS
ACCEPTANCE BY COLOMBIA OF THE REQUESTS TO JOIN CONSULTATIONS
Canada, Panama and the United States notified the Dispute Settlement Body (DSB) of their desire
to be joined in the consultations requested by the European Union, pursuant to Article 4.11 of
the DSU.

The delegation of Colombia informed the DSB that it had accepted the requests of Canada and the
United States to join the consultations.

COLOMBIE – MESURES CONCERNANT LES SPIRITUEUX IMPORTÉS
DE PARTICIPATION AUX CONSULTATIONS
conformément à l'article 4:11 du Mémorandum d'accord.

COLOMBIA – MEDIDAS RELATIVAS A LOS AGUARDIENTES IMPORTADOS
El Canadá, los Estados Unidos y Panamá notificaron al Órgano de Solución de Diferencias (OSD) su
La delegación de Colombia ha informado al OSD de que ha aceptado las solicitudes de asociación a
UNITED STATES – MEASURES CONCERNING NON-IMMIGRANT VISAS REQUEST FOR CONSULTATIONS BY INDIA
Document: Addendum
Date: 18 March 2016
Document codes: WT/DS503/1/Add.1; WT/DS503/1; S/L/410; S/L/410
Complainant: India
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. II, III:3, IV, V:4, VI:1, XVI, XVII, XX  Services (GATS)

UNITED STATES – MEASURES CONCERNING NON-IMMIGRANT VISAS
REQUEST FOR CONSULTATIONS BY INDIA
Addendum
The following communication, dated 16 March 2016, from the delegation of India to the delegation
of the United States and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

With reference to document , , circulated on 8 March 2016, my authorities
have instructed me to request further consultations with the Government of the United States
pursuant to Article 1 and Article 4 of the Understanding of the Rules and Procedures Governing the
Settlement of Disputes ("DSU"), and Article XXIII of the General Agreement on Trade in Services
("GATS"), on an additional legal claim on Article II of the GATS in relation to the first set of
measures that are part of the request for consultations, i.e., the measures imposing increased fees
on certain applicants for L-1 and H-1B categories of non-immigrant visas. We are also proposing
further refinement in the description of the measures in the text of paragraph 4 of our original
request. This addendum must be read with India’s original request for consultations.

Pursuant to this addendum, Paragraphs 4 and 5 of the original request for consultations shall read
as follows:

4. These measures (Public Law 114-113 and Public Law 111-230) appear to: (i) be
inconsistent with the terms, limitations and conditions agreed to and specified by the
United States in its Schedule of Specific Commitments under the GATS, (ii) accord to
juridical persons of India having a commercia l presence in the United States treatment
that is less favourable than that accorded to juridical persons of the United States, as well
as juridical persons of any other country, engaged in providing like services in sectors such
as the Computer and Related Services sector, with respect to which the United States has
taken commitments in its Schedule of Specific Commitments, and (iii) affect the movement
of natural persons seeking to supply services in a manner that is inconsistent with the
United States' commitments in its Schedule of Specific Commitments. These measures also
appear to nullify or impair the benefits accruing to India directly and indirectly under the
GATS.

5. The Government of India is of the view that these and comparable measures, (as well
as any amendments, related measures, or implementing measures), taken by the United
States are not in conformity with at least the following provisions of the GATS: Articles II,
XVI, XVII, XX, and paragraphs 3 and 4 of the GATS Annex on Movement of Natural
Persons Supplying Services. These measures also appear to be inconsistent with
Articles III:3, IV:1 and VI:1 of the GATS.
UNITED STATES - MEASURES CONCERNING NON-IMMIGRANT VISAS REQUEST TO JOIN CONSULTATIONS
Document: Communication from El Salvador
Date: 16 March 2016
Document codes: WT/DS503/2; WT/DS503/1-S/L/410; S/L/410
Complainant: India
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. II, III:3, IV, V:4, VI:1, XVI, XVII, XX  Services (GATS)

UNITED STATES - MEASURES CONCERNING NON-IMMIGRANT VISAS
REQUEST TO JOIN CONSULTATIONS
Communication from El Salvador
The following communication, dated 15 March 2016, from the delegation of El Salvador to the
delegation of the United States, the delegation of India and to the Chairman of the Dispute
Settlement Body, is being circulated in accordance with Article 4.11 of the DSU.

In accordance with the provisions of Article 4. 11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), El Salv ador hereby notifies its wish to be joined in
the consultations requested by the Government of India in communication
circulated on 8 March 2016 under the title United States - Measures Concerning Non-Immigrant
Visas.

El Salvador has a trade and systemic interest in the proper implementation of the
General Agreement on Trade in Services and its Annex on Movement of Natural Persons Supplying
Services under the Agreement.

It respectfully asks the United States to accept its claim of a trade and systemic interest and hence
its request to be joined in the consultations.

Pending your reply, please accept the assurances of my highest consideration.
KOREA - ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF JAPAN
Document: Note by the Secretariat
Date: 30 August 2016
Document codes: WT/DS504/3; WT/DS504/2; WT/DS504/2
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA - ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF JAPAN
Note by the Secretariat
1. At its meeting on 4 July 2016 , the Dispute Settlement Body (DSB ) established a panel
pursuant to the request of Japan in document , in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

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

To examine, in the light of the relevant provisio ns of the covered agreements cited by
the parties to the dispute, the matter referred t o the DSB by Japan in document
 and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 22 August 2016 , Japan requested the Director -General to de termine the composition of
the Panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director -General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the 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 shall inform the Members of the composition
of the panel thus formed no later than 10 days after the date the Chairman recei ves
such a request.
4. On 29 August 2016, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Mateo Diego Fernández

 Members: Ms Leora Blumberg
 Mr Dennis Francis

5. Brazil, Canada, China, Ecuador, E uropean Union, Norway, Singapore, Turkey, United States
and Viet Nam have reserved their rights to participate in the Panel proceedings as third parties.
KOREA - ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 9 March 2017
Document codes: WT/DS504/4
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA - ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
COMMUNICATION FROM THE PANEL
The following communication, dated 7 March 2017, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Procedures Gover ning the Settlement of
Disputes (DSU) provides that the period in which a panel 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 Korea – Anti-Dumping Duties on Pneumatic Valves from Ja pan (WT/DS504) was
established by the DSB on 4 July 2016 and composed on 29 August 2016.

The Panel expects t o issue its final report to the par ties in the second half of 2017, after
consultation with the parties.
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN APPELLATE BODY REPORT AND PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 2 October 2019
Document codes: WT/DS504/10; WT/DS504/AB/R; WT/DS504/AB/R/Add.1; WT/DS504/R/Add.1
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
APPELLATE BODY REPORT AND PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 30 September 2019 , the Dispute Settlement Body adopted the Appellate Body
report on Korea – Anti-Dumping Duties on Pneumatic Valves from Japan ( and
) and the Panel report (WT/DS 504/R and ), as modified
by the Appellate Body report. The Panel report should be read in conjunction with the Appellate Body
report.
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 19 November 2019
Document codes: WT/DS504/11
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 14 November 2019 , from the delegation of the Republic of
Korea and the delegation of Japan to the Chairperson of the Dispute Settlement Body, is circulated
in accordance with Article 21.3(b) of the DSU.

On 30 September 2019, the Dispute Settlement Body ( "DSB") adopted its rulings and
recommendations in the dispute Korea – Anti-Dumping Duties on Pneumatic Valves from Japan
(DS504).
In the DSB meetings on 30 September 2019 and 28 October 2019, the Republic of Korea ("Korea")
informed the DSB of its intention to implement the DSB rulings and recommendations in this dispute.
Korea indicated that it would require a reasonable period of time to do so.
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, Korea and Japan have mutually agreed that the reasonable period of time to implement
the rulings and recommendations of the DSB shall be 8 months. Accordingly, the reasonable period
of time expires on 30 May 2020.
We request that you circulate this notification to the Members of the DSB.
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN COMMUNICATION FROM KOREA
Document: COMMUNICATION FROM
Date: 2 June 2020
Document codes: WT/DS504/12
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
COMMUNICATION FROM KOREA
The following communication, dated 28 May 2020 , was received from the delegation of
the Republic of Korea with the request that it be circulated to the Dispute Settlement Body (DSB).

On 30 September 2019, the Dispute Settlement Body ("DSB") adopted its rulings and
recommendations in Korea – Anti-Dumping Duties on Pneumatic Valves from Japan (DS504).

In the DSB meetings on 30 September 2019 and 28 October 2019, the Republic of Korea ("Korea")
informed the DSB of its intention to implement the DSB rulings and recommendations in this dispute.
Korea indicated that it would require a reasonable period of time to do so.

On 14 November 2019, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes , Korea and Japan informed the DSB that they had mutually
agreed that the reasonable period of time to implement the rulings and recommendations of the
DSB shall be 8 months. Accordingly, the reasonable period of time expires on 30 May 2020.

Korea informs the DSB that it has adopted the measures necessa ry to comply with the DSB's rulings
and recommendations before the expiry of the reasonable period of time agreed to with Japan.

In particular, on 21 May 2020, the Korea Trade Commission ("KTC") issued the final resolution of
the re -investigation into im ports of valves for pneumatic transmissions originating in Japan.
Following its review of the KTC's final resolution, the Ministry of Economy and Finance of Korea made
its final re-determination, which was published in the Official Gazette on 29 May 2020.

Thus, Korea has fully complied with the DSB 's rulings and recommendations adopted on
30 September 2019 in Korea – Anti-Dumping Duties on Pneumatic Valves from Japan (DS504).
KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN COMMUNICATION FROM THE APPELLATE BODY
Document: Panel Report
Date: 14 August 2018
Document codes: WT/DS504/7
Complainant: Japan
Respondent: South Korea
Third parties: Brazil, China, Ecuador, EU, Norway, Singapore, Turkey, U.S., Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. 3.1  Anti-dumpingArt. VI  GATT 1994Art. 3.2, 3.4, 3.5, 4.1, 6.5, 6.5.1, 6.9, 12.2, 12.2.2, 1  Anti-dumping

KOREA – ANTI-DUMPING DUTIES ON PNEUMATIC VALVES FROM JAPAN
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 27 July 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I am writing pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), which states 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
(DSB) of its decision to appeal. Article 17.5 further states 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. In no case
shall the proceedings exceed 90 days."

Japan notified the DSB on 28 May 2018 of its decision to appeal certain issues of law covered in the
Panel Report and legal interpretations developed by the Panel in this case. As a result the 60 -day
period expires on 27 July 2018. The Appellate Body is not able to circulate its Report by that date.

In view of the backlog of appeals pending with the Appellate Body at present, and the overlap in the
composition of all divisions resulting in part from the reduced number of Appellate Body Members,
Division Members can currently spend limited time in preparing for this appeal. It will not be possible
for the Division to focus on the consideration of this appeal for some time, that is, schedule internal
meetings, fully staff it, and schedule the hearing. Thus, it will not be possible for the Appellate Body
to circulate its report within the 90 day timeframe required by Article 17.5 of the DSU.

As soon as we know more precisely when the division can schedule the hearing in this appeal, we will
communicate appropriately with the participants and the DSB.