EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA (DS397)
Document: Constitution of the Panel Established at the Request of China Note by the Secretariat
Date: 11 December 2009
Document codes: WT/DS397/4; WT/DS397/3
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 (DS397)

Constitution of the Panel Established at the Request of China

Note by the Secretariat

1. At its meeting on 23 October 2009, the Di spute Settlement Body ("DSB") established a panel
pursuant to the request of China 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 provisions 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 30 November 2009, the European Communities
1 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."

 1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty
establishing the European Community (done at Lisbon, 13 December 2007) entered into force. On
29 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.

4. On 9 December 2009, the Director-General accordingly composed the Panel as
follows:
 Chairman: Mr. Luiz Baptista

 Members: Mr. Michael Mulgrew
 Mr. Arie Reich

5. Brazil, Canada, Chile, Colombia, India, Jap an, Norway, Chinese Taipei, Thailand, Turkey,
and the United States have reserved their rights to participate in the Panel proceedings as third parties.