dean22029/WTO_Docs huggingface dataset:
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 14 October 2014
Document codes: WT/DS467/18
Complainant: Indonesia
Respondent: Australia
Third parties: Brazil, Canada, China, Cuba, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Oman, Philippines, Russia, Taiwan, Thailand, Turkey, Ukraine, U.S., Uruguay, Zimbabwe, Dominican, Peru, Singapore, Argentina, Chile, Malawi, Nigeria, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. 1.1, 2.1, 3.1, 15.4, 16.1, 16.3, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 10 October 2014, 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 Pr ocedures 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 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 in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS467)
was established by the DSB on 26 March 2014 and composed on 5 May 2014.

The Panel expects to issue its final report to the parties not before the first half of 2016, in
accordance with the timetable adopted by the Pa nel on 17 June 2014 on the basis of a draft
timetable proposed by the parties.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 30 June 2016
Document codes: WT/DS467/20
Complainant: Indonesia
Respondent: Australia
Third parties: Brazil, Canada, China, Cuba, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Oman, Philippines, Russia, Taiwan, Thailand, Turkey, Ukraine, U.S., Uruguay, Zimbabwe, Dominican, Peru, Singapore, Argentina, Chile, Malawi, Nigeria, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. 1.1, 2.1, 3.1, 15.4, 16.1, 16.3, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE PANEL
The following communication, dated 29 June 2016, 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 Pr ocedures 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 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 in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS467)
was established by the DSB on 26 March 2014 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before the
end of 2016, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 6 December 2016
Document codes: WT/DS467/21
Complainant: Indonesia
Respondent: Australia
Third parties: Brazil, Canada, China, Cuba, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Oman, Philippines, Russia, Taiwan, Thailand, Turkey, Ukraine, U.S., Uruguay, Zimbabwe, Dominican, Peru, Singapore, Argentina, Chile, Malawi, Nigeria, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. 1.1, 2.1, 3.1, 15.4, 16.1, 16.3, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 1 December 2016, 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 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 ind icate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Produc ts and Packaging (WT/DS467)
was established by the DSB on 26 March 2014 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016". On 2 9 June 2016, the Panel communicated
to the DSB that it "expect[ed] to issue its final report to the parties not before the end of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before
May 2017, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 21 September 2017
Document codes: WT/DS467/22
Complainant: Indonesia
Respondent: Australia
Third parties: Brazil, Canada, China, Cuba, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Oman, Philippines, Russia, Taiwan, Thailand, Turkey, Ukraine, U.S., Uruguay, Zimbabwe, Dominican, Peru, Singapore, Argentina, Chile, Malawi, Nigeria, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. 1.1, 2.1, 3.1, 15.4, 16.1, 16.3, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 21 September 2017, 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 t he Settlement of
Disputes (DSU) provides that the pe riod in w hich 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 con siders that it cannot issue its report
within six months, it shall inform the D ispute 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 in Australia – Certain Measures Concerning Trademarks, Geographical
Indications and Other Plain Packaging Requirements Applicable to Tobacco Produc ts and
Packaging (WT/DS467) was establ ished by the DSB on 26 March 2014 and composed on
5 May 2014.
On 6 December 2016 , the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before May 2017".
In light of the com plexity of the legal and factual issues that have arisen in this dispute, t he
Panel wishes to advise th at it now expects to issue its final r eport to the parties by the end of
the third quarter of 2017.
I would be grateful if you would circulate this lette r to the Members of the DSB.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 30 August 2018
Document codes: WT/DS467/23; WT/DS467/R; WT/DS467/R/Add.1; WT/DS467/R/Suppl.1
Complainant: Indonesia
Respondent: Australia
Third parties: Brazil, Canada, China, Cuba, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Oman, Philippines, Russia, Taiwan, Thailand, Turkey, Ukraine, U.S., Uruguay, Zimbabwe, Dominican, Peru, Singapore, Argentina, Chile, Malawi, Nigeria, Ecuador
Dispute stage: Panel
Agreements cited: Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. 1.1, 2.1, 3.1, 15.4, 16.1, 16.3, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL
INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING
PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 27 August 2018 , the Dispute Settlement Body adopted the Panel report on
Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (,
 and ).

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE
FABRIQUE OU DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES
ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE
RAPPORT DU GROUPE SPÉCIAL
spécial Australie – Certaines mesures concernant les marques de fabrique ou de comm erce, les
indications géographiques et autres prescriptions en matière d'emballage neutre applicables aux

AUSTRALIA – DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS
DE FÁBRICA O DE COMERCIO, INDICACIONES GEOGRÁFICAS Y
OTRAS PRESCRIPCIONES DE EMPAQUETADO GENÉRICO
APLICABLES A LOS PRODUCTOS DE TABACO Y
AL EMPAQUETADO DE ESOS PRODUCTOS
INFORME DEL GRUPO ESPECIAL
Actuación del Órgano de Solución de Diferencias
En su reunión de 27 de agosto de 2018, el Órgano de Solución de Diferencias adoptó el informe
fábrica o de comercio, indicaciones geográficas y otras prescripcion es de empaquetado genérico
aplicables a los productos de tabaco y al empaquetado de esos productos (,
 y WT/DS467/R/Suppl.1).
UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 15 November 2013
Document codes: WT/DS468/2
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
 The following communication, dated 13 November 2013, from the delegation of the
European Union to the delegation of Ukraine, the delegation of Japan 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 European Union hereby notifies the Government of Ukraine,
Japan and the Dispute Settlement Body that, in the light of the substantial trade interest of the
European Union, it desires to be joined in the consultations requested by Japan in a
communication circulated to WTO Members on 30 October 2013, entitled Ukraine – Definitive
Safeguard Measures on Certain Passenger Cars ().

The European Union is the world's largest producer of automobile and automobile parts, and
also a major exporter worldwide, with more than 100 billion Euros worth of exports of passenger
cars in 2012. Out of that, the European Union has exported in 2012 more than 1 billion Euros
worth of passenger cars to Ukraine. It has therefore a substantial trade interest in this dispute.
UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Russian Federation
Date: 19 November 2013
Document codes: WT/DS468/3
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
REQUEST TO JOIN CONSULTATIONS
Communication from the Russian Federation
 The following communication, dated 14 Nove mber 2013, from the delegation of the
Russian Federation to the delegation of Ukraine, the delegation of Japan 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 Japan pursuant to Article 4 of the
Understanding on Rules and Procedures Gove rning the Settlement of Disputes ("DSU"),
Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994") and
Article 14 of the Agreement on Safeguards in the communication circulated to WTO Members on
4 November 2013 (, , ), titled Ukraine – Definitive Safeguard
Measures on Certain Passenger Cars.

My authorities have instructed me to notify consulting Members and the Dispute Settlement
Body of the desire of the Russian Federation to be joined in these consultations, pursuant to
Article 4.11 of the DSU.

In 2012 Russia's exports to Ukraine of passenger cars falling into the scope of the definitive
safeguard measures imposed by Ukraine were valued at around $300 million and accounted for
approximately thirty percent by value of tota l Russia's exports of such passenger vehicles.
Furthermore, during that period exports to Ukrain e of passenger cars with cylinder capacity of
1000 to 1500 cm
3 accounted for over three-fourth of total Russia's exports of passenger cars of
this type.

The Russian Federation has a substantial trade interest in these consultations.
UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS ACCEPTANCE BY UKRAINE OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY UKRAINE OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 29 November 2013
Document codes: WT/DS468/4
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
ACCEPTANCE BY UKRAINE OF THE REQUESTS TO JOIN CONSULTATIONS
 The European Union and the Russian Federation notified the Dispute Settlement Body (DSB)
of their desire to be joined in the consultations requested by Japan, pursuant to Article 4.11 of the
DSU.

 The delegation of Ukraine informed the DSB that it had accepted the requests of the
European Union and the Russian Federation to join the consultations.

UKRAINE – MESURES DE SAUVEGARDE DÉFINITIVES VISANT
TRANSPORT DE PERSONNES
DE PARTICIPATION AUX CONSULTATIONS
 La Fédération de Russie et l'Union européenne ont notifié à l'Organe de règlement des
 La délégation de l'Ukraine a informé l' ORD qu'elle avait accepté les demandes de

UCRANIA - MEDIDAS DE SALVAGUARDIA DEFINITIVAS SOBRE
DETERMINADOS VEHÍCULOS AUTOMÓVILES PARA
EL TRANSPORTE DE PERSONAS
 La Federación de Rusia y la Unión Europea notificaron al Órgano de Solución de Diferencias
UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF JAPAN
Document: Note by the Secretariat
Date: 23 June 2014
Document codes: WT/DS468/6; WT/DS468/5
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF JAPAN
Note by the Secretariat
1. At its meeting on 26 March 2014, the Disput e Settlement Body (DSB) established a panel
pursuant to the request of Japan in document WR /DS468/5, 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, 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 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 10 June 2014, japan requested the Director-General to determine 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 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 20 June 2014, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr William Davey

 Members: Mr Felipe Hees
 Mr Chang Fa Lo

5. Australia, the European Union, India, Ko rea, the Russian Federation, Turkey and the
United States have reserved their rights to participate in the Panel proceedings as third parties.
UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 2 October 2014
Document codes: WT/DS468/7
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE – DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
COMMUNICATION FROM THE PANEL
The following communication, dated 1 October 2014, 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 referenc e 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 Ukraine – Definitive Safeguard Measures on Certain Passenger Cars (WT/DS468) was
established by the DSB on 26 March 2014
 and composed on 20 June 2014.

The Panel expects to issue its final report to the parties by March 2015, in accordance with the
timetable adopted after consultation with the parties.
UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 21 July 2015
Document codes: WT/DS468/8; WT/DS468/R; WT/DS468/R/Add.1
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 20 July 2015, the Dispute Settlement Body adopted the Panel report on
Ukraine - Definitive Safeguard Measures on Certain Passenger Cars ( and

UKRAINE - MESURES DE SAUVEGARDE DÉFINITIVES VISANT
CERTAINS VÉHICULES AUTOMOBILES POUR
LE TRANSPORT DE PERSONNES
RAPPORT DU GROUPE SPÉCIAL
Groupe spécial sur l'affaire Ukraine - Mesures de sauvegarde définitives visant certains véhicules

UCRANIA - MEDIDAS DE SALVAGUARDIA DEFINITIVAS SOBRE DETERMINADOS
INFORME DEL GRUPO ESPECIAL
Actuación del Órgano de Solución de Diferencias
En su reunión de 20 de julio de 2015, el Órgano de Solución de Diferencias adoptó el informe del
UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS COMMUNICATION FROM UKRAINE
Document: COMMUNICATION FROM
Date: 8 October 2015
Document codes: WT/DS468/10; WT/DS468/R; WT/DS468/R/Add.1; WT/DS468/9
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
COMMUNICATION FROM UKRAINE
The following communication, dated 6 October 2015, was received from the delegation of Ukraine
with the request that it be circulated to the Dispute Settlement Body (DSB).

On 20 July 2015 the Dispute Settlement Body ("DSB") adopted its recommendations and rulings in
the dispute Ukraine – Definitive Safeguard Measures on Certain Passenger Cars ( and

In a communication dated 17 August 2015 Ukraine in formed the DSB of its intention to implement
the recommendations and rulings of the DSB in this dispute ().
With respect to the DSB's recommendations and rulings, the Interdepartmental Commission on
International Trade took the decision of 10 September 2015 No. SP-335/2015/4442-06 revoking
the safeguard measures on imports of passenger cars. This decision entered into force from
30 September 2015.

Unofficial translation

INTERDEPARTMENTAL COMMISSION ON INTERNATIONAL TRADE
NOTICE
On revocation of the safeguard measures on imports of cars in Ukraine regardless of
their country of origin and export
On 10 September 2015 the Interdepartmental Commission on International Trade (hereinafter –
Commission) has considered information provided by the Ministry of Economic Development and
Trade of Ukraine on the necessity to revoke the safeguard measures on imports of cars in Ukraine
regardless of their country of origin and export, applied by the Decision of the Commission of
28 April 2012 No. SP-275/2012/4423-08.
After reviewing these materials and taking into account the legal obligations in the Understanding
on rules and procedures governing the settlement of disputes the Commission has established that
the national interests of Ukraine require a revocation of the safeguard measures on imports of cars
in Ukraine regardless of their country of origin and export in order to implement the
recommendations in the dispute Ukraine – Motor Cars (DS468).
Taking into account the abovementioned and pursuant to the provisions of the Articles 7, 17, and
19 of the Law of Ukraine "On the application of safeguard measures on imports to Ukraine" the
Commission adopted the decision No. SP-335/2015/4442-06 of 10 September 2015 on revocation
of the measures adopted by the Commission's Decision of 28.04.2012 No. SP-275/2012/4423-08.
The Commission's Decision of 10 September 2015 No SP-335/2015/4442-06 shall take effect from
30 September 2015.
UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS COMMUNICATION FROM UKRAINE
Document: Panel report
Date: 21 August 2015
Document codes: WT/DS468/9; WT/DS468/R; WT/DS468/R/Add.1
Complainant: Japan
Respondent: Ukraine
Third parties: EU, India, South Korea, Russia, Turkey, Australia, U.S.
Dispute stage: Panel
Agreements cited: Art. 12.1, 12.2, 12.3, 12.5, 8.1, 3.1, 4.2(c), 2.1, 11.1(a), 5.1, 7.1, 7.4, 4.2(a), 4.2(b), 4.1(a), 4.1(b)  SafeguardsArt. X:3(a), XIX:1, II:1(b)  GATT 1994

UKRAINE - DEFINITIVE SAFEGUARD MEASURES ON CERTAIN PASSENGER CARS
COMMUNICATION FROM UKRAINE
The following communication, dated 17 August 2015, from the delegation of Ukraine to the
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

At its meeting on 20 July 2015, the Dispute Settlem ent Body ("DSB") adopted the Panel report on
Ukraine - Definitive Safeguard Measures on Certain Passenger Cars ( and

My authorities have instructed me to advise the DSB of the intentions of Ukraine with respect to
implementation of the recommendations and rulings of the DSB pursuant to Article 21.3 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU").

Ukraine intends to implement the recommendations and rulings of the DSB in this dispute in a
manner that respects its WTO obligations, and we have begun to evaluate options for doing so.
Ukraine will need a reasonable period of time for implementation. Ukraine stands ready to discuss
this matter with Japan, in accordance with Article 21.3 of the DSU.
EUROPEAN UNION – MEASURES ON ATLANTO-SCANDIAN HERRING JOINT COMMUNICATION FROM DENMARK IN RESPECT OF THE FAROE ISLANDS AND THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 25 August 2014
Document codes: WT/DS469/3; G/L/1058/Add.1
Complainant: Denmark
Respondent: EU
Third parties: Australia, China, Guatemala, Honduras, Iceland, India, Japan, New Zealand, Panama, Russia, Taiwan, Turkey, U.S., Argentina, Brazil, Mexico, Norway, Peru, Thailand
Dispute stage: Panel
Agreements cited: Art. I:1, V:2, XI:1  GATT 1994

EUROPEAN UNION – MEASURES ON ATLANTO-SCANDIAN HERRING
JOINT COMMUNICATION FROM DENMARK IN RESPECT OF THE FAROE ISLANDS
AND THE EUROPEAN UNION
The following communication, dated 21 August 2014, from the delegation of Denmark in respect of
the Faroe Islands and the delegation of the Euro pean Union to the Chairperson of the Dispute
Settlement Body, is circulated at the request of these delegations.

The Kingdom of Demark in respect of the Faroe Islands and the European Union wish to inform the
Dispute Settlement Body (DSB) that the matter raised in "Measures on Atlanto-Scandian Herring"
(WT/DS469) is settled.

The Parties ask that you circulate this notification to the relevant Councils and Committees as well
as to the DSB. This notification is without prejud ice to the rights and obligations of either of the
Parties under the Marrakesh Agreement Establishing the .

For the Complainant:

(Signed)
Carsten Staur
Ambassador
Permanent Mission of the Kingdom of Denmark
For the Respondent:

(Signed)
Marco Chirullo
Chargé d'Affaires a.i.
Permanent Mission of the European Union
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST TO JOIN CONSULTATIONS
Document: Communication from Japan
Date: 7 January 2014
Document codes: WT/DS471/2
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
REQUEST TO JOIN CONSULTATIONS
Communication from Japan
 The following communication, dated 19 December 2013, from the delegation of Japan to the
delegation of the United States, the delegation of China 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 Government of the People’s Republic of
China pursuant to Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"),
and Article 17 of the Agreement on Implemen tation of Article VI of the GATT 1994 ( "AD
Agreement") in the communication circulated to WTO Members on 16 December 2013
(, , ) titled "United States - Certain Methodologies and Their
Application to Anti-Dumping Proceedings Involving China" . 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 Understanding on Rules and
Procedures Governing the Settlement of Disputes.

Japan has a substantial trade interest in these consultations. The issue of these
consultations includes the inconsistency of application of the targeted dumping methodology using
zeroing with the AD Agreement. This methodology, if used against imports from Japan, may
substantially affect trade from Japan to the United States.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST TO JOIN CONSULTATIONS
Document: Communication from the Russian Federation
Date: 7 January 2014
Document codes: WT/DS471/3
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
REQUEST TO JOIN CONSULTATIONS
Communication from the Russian Federation
The following communication, dated 25 December 2013, from the delegation of the
Russian Federation to the delegation of the Unit ed States, the delegation of China and to the
Chairperson of the Dispute Settlement Body, is circ ulated in accordance with Article 4.11 of the
DSU.

I wish to refer to the consultations requested by China pursuant to Article 4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXII of the General
Agreement on Tariffs and Trade 1994 (the "G ATT 1994") and Article 17 of the Agreement on
Implementation of Article VI of the GATT 1994 (" Anti-Dumping Agreement") in the communication
circulated to WTO Members on 16 December 2013 (, , ) titled
United States – Certain Methodologies and Their Application to Anti-Dumping Proceedings
involving China.

My authorities have instructed me to notify consulting Members and the Dispute Settlement Body
of the desire of the Russian Federation to be joined in these consultations, pursuant to Article 4.11
of the DSU.

In 2012 Russia's exports to the United States of like products to those that are subject to the
requested consultations were valued at around $330 million and accounted for approximately
thirteen percent by value of total Russia’s exports of such goods to all other countries. Therefore,
the Russian Federation has a substantial trade interest in these consultations.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST TO JOIN CONSULTATIONS
Document: Communication from Ukraine
Date: 10 January 2014
Document codes: WT/DS471/4; WT/DS471/1; G/L/1060; G/ADP/D100/1
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
REQUEST TO JOIN CONSULTATIONS
Communication from Ukraine
The following communication, dated 8 January 2014, from the delegation of Ukraine to the
delegation of the United States, the delegation of China and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I have the honour to refer to a communication circulated to WTO Members on 16 December
(, , ) entitled United States – Certain Methodologies and Their
Application to Anti-Dumping Proceedings Involving China by which China requests to hold
consultations with the United States.

Ukraine has a substantial trade interest in the present dispute. The issue of these consultations
includes the inconsistency of application of the targeted dumping methodology using zeroing with
the Anti-Dumping Agreement. This methodology, if used against imports from Ukraine, may
substantially affect trade from Ukraine to the United States.

In view of the above and pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes , m y a u t h o r i t i e s h a v e i n s t r u c t e d m e t o n o t i f y h e r e b y t h e
consulting Members and the Dispute Settlement Body of the desire of Ukraine to be joined in the
consultations requested by China.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CHINA
Document: Corrigendum In paragraph 8, 1st line, "paragraphs 0 to 0 above" should read "paragraphs 5 to 7 above". ÉTATS-UNIS – CERTAINES MÉTHODES ET LEUR APPLICATION AUX PROCÉDURES ANTIDUMPING VISANT LA CHINE DEMANDE D'ÉTABLISSEMENT D'UN GROUPE SPÉCIAL PRÉSENTÉE PAR LA CHINE Corrigendum Au paragraphe 8, 1ère ligne, la mention "paragraphes 0 à 0 ci-dessus" doit se lire "paragraphes 5 à 7 ci-dessus". ESTADOS UNIDOS - DETERMINADOS MÉTODOS Y SU APLICACIÓN A PROCEDIMIENTOS ANTIDUMPING QUE ATAÑEN A CHINA
Date: 4 March 2014
Document codes: WT/DS471/5/Corr.1
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
REQUEST FOR THE ESTABLISHMENT OF A PANEL BY CHINA
Corrigendum
In paragraph 8, 1st line, "paragraphs 0 to 0 above" should read "paragraphs 5 to 7 above".

ÉTATS-UNIS – CERTAINES MÉTHODES ET LEUR APPLICATION
DEMANDE D'ÉTABLISSEMENT D'UN GROUPE SPÉCIAL
PRÉSENTÉE PAR LA CHINE
Corrigendum
Au paragraphe 8, 1ère ligne, la mention "paragraphes 0 à 0 ci-dessus" doit se lire "paragraphes 5 à
7 ci-dessus".

ESTADOS UNIDOS - DETERMINADOS MÉTODOS Y SU APLICACIÓN
A PROCEDIMIENTOS ANTIDUMPING QUE ATAÑEN A CHINA
SOLICITUD DE ESTABLECIMIENTO DE UN GRUPO ESPECIAL
PRESENTADA POR CHINA
Corrigendum
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA
Document: Note by the Secretariat
Date: 29 August 2014
Document codes: WT/DS471/6; WT/DS471/5; WT/DS471/5
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF CHINA
Note by the Secretariat
1. At its meeting on 26 March 2014, the Disput e Settlement Body (DSB) established a panel
pursuant to the request of China in document & Corr.1, 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, 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
 & Corr.1 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 18 August 2014, China requested the Direct or-General to determine 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 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 28 August 2014, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr José Pérez Gabilondo

 Members: Ms Beatriz Leycegui Gardoqui
Ms Enie Neri de Ross

5. Brazil, Canada, European Union, Indi a, Japan, Republic of Korea, Norway,
Russian Federation, Kingdom of Saudi Arabia, Ch inese Taipei, Turkey, Ukraine and Vietnam have
reserved their rights to participate in the Panel proceedings as third parties.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
Document: Communication from the Chairperson of the Panel
Date: 25 February 2015
Document codes: WT/DS471/7
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
Communication from the Chairperson of the Panel
The following communication, dated 23 February 2015, 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 Pr ocedures 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 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/DS471) was established by the DSB on 26 March 2014 and
composed on 28 August 2014.

The start of the proceedings was deferred owing to the unavailability of Secretariat lawyers to
assist the panel. The Organizational meeting was held on 10 February 2015. Pursuant to the
timetable adopted by the Panel, after consulting the parties and in light of the amount and
complexity of the work involved, the Panel expects to issue its final report to the parties by 6
June 2016.

I would be grateful if you would circulate this letter to the Members of the DSB.
UNITED STATES - CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA APPELLATE BODY REPORT AND PANEL REPORT
Document: Action by the Dispute Settlement Body
Date: 23 May 2017
Document codes: WT/DS471/12; WT/DS471/AB/R; WT/DS471/R/Add.1
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES - CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
APPELLATE BODY REPORT AND PANEL REPORT
Action by the Dispute Settlement Body
At its meeting on 22 May 2017, the Dispute Settlement Body adopted the Appellate Body report on
United States - Certain Methodologies and their Application to Anti -Dumping Proceedings involving
China ( and WT/DS 471/AB/R/Add.1) and the Panel report (WT/DS 471/R and
), as adopted by the Appellate Body report. The Panel report should be read in
conjunction with the Appellate Body report.

RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL
À sa réunion du 22 mai 2017, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel États-Unis - Certaines méthodes et leur application aux procédures antidumping
( et ), tel qu'il a été adopté par l'Organe d'appel dans son rapport.
Le rapport du Groupe spécial doit être lu conjointement avec celui de l'Organe d'appel.

ESTADOS UNIDOS - DETERMINADOS MÉTODOS Y SU APLICACIÓN
A PROCEDIMIENTOS ANTIDUMPING QUE ATAÑEN A CHINA
Actuación del Órgano de Solución de Diferencias
En su reunión de 22 de mayo de 2017, el Órgano de Solució n de Diferencias adoptó el informe del
Órgano de Apelación sobre el asunto Estados Unidos - Determinados métodos y su aplicación a
Órgano de Apelación.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA COMMUNICATION FROM THE UNITED STATES AND CHINA CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 14 July 2017
Document codes: WT/DS471/13
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION
TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
COMMUNICATION FROM THE UNITED STATES AND CHINA CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, dated 11 July 2017 , from the delegat ion of the United States and
the delegation of China to the Chairperson of the Dispute Settlement Body, is circulated at the
request of these delegations.

At its meeting on 22 May 2017 , the Dispute Settlement Body ( "DSB") adopted its
recommendations and rulings in the dispute United States — Certain Methodologies and Their
Application to Anti-Dumping Proceedings Involving China (DS471). At the meeting of the DSB held
on 19 June 2017 , the United States announced its intention to implement t he DSB 's
recommendations and rulings in this dispute and stated that it would need a reasonable period of
time in which to do so.
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determined "through binding arbitration within
90 days after the date of adoption of the recommendations and rulings."
In order to allow sufficient ti me for the parties to discuss a mutually agreed period, China
and the United States (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties, considers that additional
time is required; and (ii) hereby confirm that any award of the arbitrator (including an award not
made within 90 days after the date of adoption of th e DSB recommendations and rulings) shall be
deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in
determining the reasonable period of time for the United States to implement the
recommendations and rulings of the DSB.
UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO ANTI-DUMPING PROCEEDINGS INVOLVING CHINA APPOINTMENT OF ARBITRATOR BY THE DIRECTOR-GENERAL UNDER ARTICLE 21.3(C) OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES NOTE BY THE SECRETARIAT
Document: GOVERNING THE SETTLEMENT OF DISPUTES NOTE BY THE SECRETARIAT On 7 November 2017 , pursuant to the request received on 30 October  2017 from the delegation of  China, the Director -General appointed Mr Simon Farbenbloom to act as arbitrator under Article  21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes in the matter United States – Certain Methodologies and Their Application to Anti -Dumping Proceedings Involving China . Simon Farbenbloom  accepted this appointment by letter dated 7 November 2017 to the United States and  China.
Date: 10 November 2017
Document codes: WT/DS471/15
Complainant: China
Respondent: U.S.
Third parties: Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Saudi Arabia, Ukraine, Vietnam, Turkey, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI:2  GATT 1994Art. 6.10, 9.2, 9.4, 2.4.2, 6.8, Annex II, 6.1  Anti-dumping

UNITED STATES – CERTAIN METHODOLOGIES AND THEIR APPLICATION TO
ANTI-DUMPING PROCEEDINGS INVOLVING CHINA
APPOINTMENT OF ARBITRATOR BY THE DIRECTOR-GENERAL UNDER ARTICLE 21.3(C)
OF THE UNDERSTANDING ON RULES AND PROCEDURES
GOVERNING THE SETTLEMENT OF DISPUTES
NOTE BY THE SECRETARIAT
 On 7 November 2017 , pursuant to the request received on 30 October 2017 from the
delegation of China, the Director -General appointed Mr Simon Farbenbloom to act as
arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes in the matter United States – Certain Methodologies and Their
Application to Anti -Dumping Proceedings Involving China . Simon Farbenbloom accepted this
appointment by letter dated 7 November 2017 to the United States and China.