UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 8 October 2014
Document codes: WT/DS436/8
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON
STEEL FLAT PRODUCTS FROM INDIA
COMMUNICATION FROM THE APPELLATE BODY
 The following notification, dated 6 October 2014, 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 (DSU), 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 (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.

 India notified the DSB on 8 August 2014 of it s decision to appeal certain issues of law
covered in the Panel Report and legal interpretation s developed by the Panel in this case, with the
result that the 60-day period expires on Tues day, 7 October 2014. For the reasons expressed
below, the Appellate Body will not be able to circulate its report by this date, or within the 90-day
timeframe provided for in the last sentence of Article 17.5 of the DSU.

On 11 August 2014, the United States requeste d a one-week extension of the deadline for
filing its appellee's submission in these appellate proceedings due to the size and complexity of
India's appeal. The United States noted that India' s Notice of Appeal appeared to include at least
67 separate claims of error. In a Procedural Ruling dated 19 August 2014, the Division hearing
these appeals, having heard the views of the partic ipants and third participants, decided to extend
the date for filing the appellees' submissions, as we ll as the date for filing the third participants'
notifications and written submissions.

Moreover, at the time that the Division was composed in this dispute, the Appellate Body
comprised only six, rather than the full comp lement of seven, Appellate Body Members. The
Appellate Body has also faced a substantial workload in the second half of 2014, and there has
been overlap in the composition of the Divisions hearing different appeals during this period.

Due to the scheduling issues arising from these circumstances, and the number and
complexity of the issues raised in these and concurrent appeal proceedings, as well as the
additional time required for translation of the Report into all three official languages, it will not be
possible for the Appellate Body to circulate its Report in this appeal within the 90-day timeframe
provided for in Article 17.5 of the DSU.

We estimate that the Appellate Body Report in this appeal will be circulated to WTO
Members no later than Monday, 8 December 2014.