dean22029/WTO_Docs huggingface dataset:
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 12 April 2016
Document codes: WT/DS404/11/Add.45
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP
FROM VIET NAM
STATUS REPORT BY THE UNITED STATES
Addendum
The following communication, dated 11 April 2016, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Anti-Dumping Measures on Certain Shrimp
from Viet Nam
(WT/DS404)

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

On 2 September 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).
At the following DSB meeting, the United States informed the DSB of its intention to implement
the recommendations and rulings of the DSB in connection with this matter.

On 14 February 2012, the US Department of Commerce published in the Federal Register,
77 FR 8101, a modification to its procedures in order to implement DSB recommendations and
rulings regarding the use of "zeroing" in anti-dumping reviews. This modification addresses certain
findings in this dispute.

On 28 June 2012, the United States Trade Representative requested pursuant to section 129(b) of
the Uruguay Round Agreements Act that the Depa rtment of Commerce take action necessary to
implement the DSB recommendations and rulings in this dispute.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 13 May 2016
Document codes: WT/DS404/11/Add.46
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP
FROM VIET NAM
STATUS REPORT BY THE UNITED STATES
Addendum
The following communication, dated 12 May 2016, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Anti-Dumping Measures on Certain Shrimp
from Viet Nam
(WT/DS404)

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

On 2 September 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).
At the following DSB meeting, the United States informed the DSB of its intention to implement
the recommendations and rulings of the DSB in connection with this matter.

On 14 February 2012, the US Department of Commerce published in the Federal Register,
77 FR 8101, a modification to its procedures in order to implement DSB recommendations and
rulings regarding the use of "zeroing" in anti-dumping reviews. This modification addresses certain
findings in this dispute.

On 28 June 2012, the United States Trade Representative requested pursuant to section 129(b) of
the Uruguay Round Agreements Act that the Depa rtment of Commerce take action necessary to
implement the DSB recommendations and rulings in this dispute.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 10 June 2016
Document codes: WT/DS404/11/Add.47
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP
FROM VIET NAM
STATUS REPORT BY THE UNITED STATES
Addendum
The following communication, dated 9 June 2016, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Anti-Dumping Measures on Certain Shrimp
from Viet Nam
(WT/DS404)

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

On 2 September 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).
At the following DSB meeting, the United States informed the DSB of its intention to implement
the recommendations and rulings of the DSB in connection with this matter.

On 14 February 2012, the US Department of Commerce published in the Federal Register,
77 FR 8101, a modification to its procedures in order to implement DSB recommendations and
rulings regarding the use of "zeroing" in anti-dumping reviews. This modification addresses certain
findings in this dispute.

On 28 June 2012, the United States Trade Representative requested pursuant to section 129(b) of
the Uruguay Round Agreements Act that the Depa rtment of Commerce take action necessary to
implement the DSB recommendations and rulings in this dispute.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 8 July 2016
Document codes: WT/DS404/11/Add.48
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP
FROM VIET NAM
STATUS REPORT BY THE UNITED STATES
Addendum
The following communication, dated 8 July 2016, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Anti-Dumping Measures on Certain Shrimp
from Viet Nam
(WT/DS404)

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

On 2 September 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404).
At the following DSB meeting, the United States informed the DSB of its intention to implement
the recommendations and rulings of the DSB in connection with this matter.

On 14 February 2012, the US Department of Commerce published in the Federal Register,
77 FR 8101, a modification to its procedures in order to implement DSB recommendations and
rulings regarding the use of "zeroing" in anti-dumping reviews. This modification addresses certain
findings in this dispute.

On 28 June 2012, the United States Trade Representative requested pursuant to section 129(b) of
the Uruguay Round Agreements Act that the Depa rtment of Commerce take action necessary to
implement the DSB recommendations and rulings in this dispute.

The United States will continue to consult with interested parties as it works to address the
recommendations and rulings of the DSB.
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM NOTIFICATION OF A MUTUALLY AGREED SOLUTION
Document: NOTIFICATION OF A MUTUALLY AGREED SOLUTION
Date: 22 July 2016
Document codes: WT/DS404/12; G/L/915/Add.1; G/ADP/D81/1/Add.1
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM
NOTIFICATION OF A MUTUALLY AGREED SOLUTION
The following communication, dated 18 July 2016, from the delegation of Viet Nam and the
delegation of the United States to the Chairper son of the Dispute Settlement Body, is circulated
pursuant to Article 3.6 of the DSU.

The Governments of the United States of Amer ica and the Socialist Republic of Viet Nam
write in regard to the disputes United States –Anti-Dumping Measures on Certain Shrimp from Viet
Nam (WT/DS404) and United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam
(WT/DS429), which resulted in recommendations and rulings of the Dispute Settlement Body
(DSB). The United States and Viet Nam are pleased to notify the DSB, in accordance with
Article 3.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
that the parties have reached a mutually agreed solution in these disputes.

 We ask you to circulate this notification to the DSB and the relevant Councils and
Committees.

(signed)
H.E. Mr. Tran Quoc Khanh
(signed)
Ms. Barbara Weisel
Vice Minister
Ministry of Industry and Trade
The Socialist Republic of Viet Nam
Assistant U.S. Trade Representative for
Southeast Asia and the Pacific
Office of the United States Trade
Representative
UNITED STATES – ANTI-DUMPING MEASURES ON CERTAIN SHRIMP FROM VIET NAM
Document: Panel Report Action by the Dispute Settlement Body
Date: 5 September 2011
Document codes: WT/DS404/9; WT/DS404/R
Complainant: Vietnam
Respondent: U.S.
Third parties: China, EU, India, Japan, South Korea, Mexico, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.3, 1, 11.1, 11.3  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 18.3, 18.4, 6.8, 5.8, 9.4, 11  Anti-dumpingArt. I, II  GATT 1994Annex II, Art. 9  Anti-dumpingPart I, para. 1.2  Protocol of Accession

UNITED STATES – ANTI-DUMPING MEASURES
ON CERTAIN SHRIMP FROM VIET NAM

Panel Report

Action by the Dispute Settlement Body

 At its meeting on 2 September 2011, the Disput e Settlement Body adopted the Panel report in
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam ().

ÉTATS-UNIS – MESURES ANTIDUMPING VISANT CERTAINES
CREVETTES EN PROVENANCE DU VIET NAM

Rapport du Groupe spécial

 À sa réunion du 2 septembre 2011, l'Organe de rè glement des différends a adopté le rapport
du Groupe spécial sur l'affaire États-Unis – Mesures antidumping visant certaines crevettes en
provenance du Viet Nam ().

ESTADOS UNIDOS - MEDIDAS ANTIDUMPING SOBRE DETERMINADOS
CAMARONES PROCEDENTES DE VIET NAM

Informe del Grupo Especial

Actuación del Órgano de Solución de Diferencias

 En su reunión de 2 de septiembre de 2011, el Órgano de Solución de Diferencias adoptó el
determinados camarones procedentes de Viet Nam ().
EUROPEAN UNION – ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Constitution of the Panel Established at the Request of China Note by the Secretariat
Date: 7 July 2010
Document codes: WT/DS405/3; WT/DS405/2; WT/DS405/2
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION – ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Constitution of the Panel Established at the Request of China

Note by the Secretariat

1. At its meeting on 18 May 2010, the Dis pute 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 23 June 2010, China requested the Direct or-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."
4. On 5 July 2010, the Director-General accordingly composed the Panel as follows:

 Chairman: Mr. Jose Antonio Buencamino

 Members: Mr. Serge Fréchette
 Mr. Donald Greenfield

5. Australia, Brazil, Colombia, Japan, Turkey, United States and Viet Nam have reserved their
rights to participate in the Panel proceedings as third parties.
EUROPEAN UNION – ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Communication from the Chairman of the Panel
Date: 11 April 2011
Document codes: WT/DS405/4
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION – ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Communication from the Chairman of the Panel

 The following communication, dated 8 April 2011, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated pur suant to Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of 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 DSB in writi ng of the reasons for the delay, together with an
estimate of the period within which it will issue its report.

 The Panel on European Union – Anti-Dumping Measu res on Certain Footwear from China
(WT/DS405) was established by the DSB on 18 May 2010 and composed on 5 July 2010.

 Due to the great number of claims and arguments involved in the dispute, as well as the
length of the submissions presented by the parties, it will not be possible for the Panel to complete its
work within the time frame originally contemplated, that is, June 2011.

 Absent any further delays beyond the control of the Panel, the Panel expects to complete its
work in July 2011.
EUROPEAN UNION – ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Agreement under Article 21.3(b) of the DSU
Date: 25 May 2012
Document codes: WT/DS405/7
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION – ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 23 May 2012, from the delegation of China and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), China and the European Union have
agreed that the reasonable period of time for the European Union to impl ement the recommendations
and rulings of the Dispute Settlement Body ("DSB") in the dispute EU - Anti-Dumping Measures on
Certain Footwear from China (WT/DS405) shall be 7 months and 19 days from the 22 February 2012
i.e. the date of adoption of the DSB recommendations and rulings.

 We request that you circulate this notification to the Members of the DSB.

For the People's Republic of China

Ms. ZHAO Hong
Chargé d'Affaires a.i.
 For the European Union

Mr. Detlev BRAUNS
Chargé d'Affaires a.i.
EUROPEAN UNION – ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Status Report by the European Union
Date: 7 December 2012
Document codes: WT/DS405/9
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION – ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Status Report by the European Union

 The following communication, dated 6 December 2012, from the delegation of the
European Union to the Chairperson of the Dis pute Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
European Union — Anti-Dumping Measu res on Certain Footwear from China
(WT/DS405)

The European Union refers to the reco mmendations and rulings in the dispute
European Union - Anti-Dumping Measures on Certain Footwear from China (WT/DS405).

The European Union hereby informs the Dis pute Settlement Body that it has adopted the
measures necessary to comply with those recommendations before the expiry of the reasonable period
of time agreed with China, in particular: Regul ation (EU) No 765/2012 of the European Parliament
and of the Council of 13 June 2012 amending Council Regulation (E C) No 1225/2009 on protection
against dumped imports from countries not members of the European Community ("Basic Anti-
dumping Regulation"), published in the Official J ournal of the European Union on 3 September 2012
(OJ L 237, 3.9.2012, p. 1).

This Regulation fully implements the DSB recommendations and rulings in this dispute.
EUROPEAN UNION - ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Panel Report Action by the Dispute Settlement Body
Date: 23 February 2012
Document codes: WT/DS405/6; WT/DS405/R
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION - ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Panel Report

Action by the Dispute Settlement Body

 At its meeting on 22 February 2012, the Dis pute Settlement Body adopted the Panel report on

UNION EUROPÉENNE - MESURES ANTIDUMPING VISANT
CERTAINES CHAUSSURES EN PROVENANCE DE CHINE

Rapport du Groupe spécial

Groupe spécial sur l'affaire Union européenne - Mesures antidumping visant certaines chaussures en
provenance de Chine ().

DETERMINADO CALZADO PROCEDENTE DE CHINA

Informe del Grupo Especial

Actuación del Órgano de Solución de Diferencias

 En su reunión de 22 de febrero de 2012, el Órgano de Solución de Diferencias adoptó el
determinado calzado procedente de China ().
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES
Document: Communication from the Appellate Body
Date: 10 April 2012
Document codes: WT/DS406/8; WT/DS406/AB/R.
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES

Communication from the Appellate Body

 The following communication, dated 4 April 2012, from the Chair of the Appellate Body
addressed to the Chairman of the Dispute Settle ment Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in United States –
Measures Affecting the Producti on and Sale of Clove Cigarettes , It will be
circulated to Members of the at 4.00 p.m. today, in accordance with
paragraph 5 of Article 17 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. Shotaro Oshima, as Presiding Member, and
Mr. Ricardo Ramírez-Hernández and Mr. Peter Van den Bossche, as Members.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 18 January 2013
Document codes: WT/DS406/11/Add.1
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 17 Ja nuary 2013, from the delegation of the
United States to the Chairperson of the Disput e Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body (“DSB”) adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
the public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 15 February 2013
Document codes: WT/DS406/11/Add.2
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 14 Febr uary 2013, from the delegation of the
United States to the Chairperson of the Disput e Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
the public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 15 March 2013
Document codes: WT/DS406/11/Add.3
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 14 Ma rch 2013, from the delegation of the
United States to the Chairperson of the Disput e Settlement Body, is circulated pursuant to
Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
the public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 12 April 2013
Document codes: WT/DS406/11/Add.4
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 11 April 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
the public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 14 May 2013
Document codes: WT/DS406/11/Add.5
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 13 May 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
the public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 14 June 2013
Document codes: WT/DS406/11/Add.6
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 13 June 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES STATUS REPORT BY THE UNITED STATES
Document: Addendum
Date: 12 July 2013
Document codes: WT/DS406/11/Add.7
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
STATUS REPORT BY THE UNITED STATES
Addendum
 The following communication, dated 11 July 2013, from the delegation of the United States
to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406)

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

On 24 April 2012, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in United States – Measures Affecting the Production and Sale of Clove Cigarettes
(WT/DS406). At the following DSB meeting, the United States informed the DSB of its intention to
implement the recommendations and rulings of the DSB in connection with this matter.

The United States and Indonesia agreed that the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB would end on
24 July 2013, and jointly notified the DSB of this agreement on 14 June 2012.

US authorities are conferring with interested parties and working to implement the
recommendations and rulings of the DSB in a manner that is appropriate from the perspective of
public health.
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES CONSTITUTION OF THE ARBITRATOR
Document: Note by the Secretariat
Date: 2 September 2013
Document codes: WT/DS406/14; WT/DS406/13
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
CONSTITUTION OF THE ARBITRATOR
Note by the Secretariat
1. At the meeting of the Dispute Settlement Body (DSB) on 23 August 2013, it was agreed that
the matter raised by the United States in document is referred to arbitration as
required by Article 22.6 of the DSU.

2. Article 22.6 of the DSU provides as follows:

When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unless the DSB decides by consensus to reject
the request. However, if the Member concerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining party has requested authorization to suspend
concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration shall be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the da te of expiry of the reasonable period of
time. Concessions or other obligations shall not be suspended during the course of
the arbitration.
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.
3. The arbitration will be carried out by the original panelists as follows:

 Chairperson: Mr Ronald Saborío Soto

 Members: Mr Ichiro Araki
 Mr Hugo Cayrús
UNITED STATES – MEASURES AFFECTING THE PRODUCTION AND SALE OF CLOVE CIGARETTES RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Document: RECOURSE TO ARTICLE 22.6
Date: 23 August 2013
Document codes: WT/DS406/13; WT/DS406/12
Complainant: Indonesia
Respondent: U.S.
Third parties: Brazil, Colombia, Dominican, EU, Guatemala, Mexico, Norway, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III:4, XX  GATT 1994Art. 2.1, 2.2, 2.5, 2.8, 2.9, 2.10, 2.12, 2.3  Technical Barriers to Trade (TBT)Art. 2, 3, 5, 7  Sanitary and Phytosanitary Measures (SPS)

UNITED STATES – MEASURES AFFECTING THE PRODUCTION
AND SALE OF CLOVE CIGARETTES
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
 The following communication, dated 22 Au gust 2013, from the delegation of the
United States to Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.6
of the DSU.

Regarding Indonesia's recourse to Articl e 22.2 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU") in the dispute United States – Measures
Affecting the Production and Sale of Clove Cigarettes (), my authorities have
instructed me to inform you that, pursuant to Article 22.6 of the DSU, the United States (i) objects
to the level of suspension of concessions or other obligations under the General Agreement on
Tariffs and Trade 1994, the Agreement on Technical Barriers to Trade, and the Agreement on
Import Licensing Procedures proposed by Indonesia in document , and (ii) claims
that Indonesia’s proposal in document does not follow the principles and procedures
set forth in Article 22.3 of the DSU.

Accordingly, as required by Article 22.6 of the DSU
1, the matter has been referred to
arbitration.
EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS IN TRANSIT
Document: Request to Join Consultations Communication from Canada
Date: 1 June 2010
Document codes: WT/DS408/2
Complainant: India
Respondent: EU, Netherlands
Dispute stage: Consultation
Agreements cited: Art. V:2, V:4, V:5, V:7, X, V:3  GATT 1994Art. 2, 7, 8, 28, 31, 41, 42  Intellectual Property (TRIPS)

EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS
IN TRANSIT

Request to Join Consultations

Communication from Canada

 The following communication, dated 28 May 2010, from the delegation of Canada to the
delegation of the European Union, the delegation of India and to the Chairman 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 in the
consultations requested by India pursuant to Article 4 of the DSU, Article XXII:1 of the General
Agreement on Tariffs and Trade 1994 and Article 64.1 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights with the European Union (the "EU") and a Member State on seizures of
generic drugs in transit.

 The relevant communication to the Permanent Mission of the EU and a Member State from
the Permanent Mission of India, dated 11 Ma y, 2010, was circulated to WTO Members on
19 May 2010 as

 Canada has a substantial trade interest in these consultations, as it exports 40% of generic
drugs manufactured in Ca nada to over 120 countries. Canada is also an active WTO Member on the
issue of public health, including access to medicines. Accordingly, Canada requests to join in these
consultations.

 A copy of this letter is being sent to the Ch airman of the Dispute Settlement Body, with a
request that it be circulated to Members.
EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS IN TRANSIT
Document: Request to Join Consultations Communication from Brazil
Date: 2 June 2010
Document codes: WT/DS408/3
Complainant: India
Respondent: EU, Netherlands
Dispute stage: Consultation
Agreements cited: Art. V:2, V:4, V:5, V:7, X, V:3  GATT 1994Art. 2, 7, 8, 28, 31, 41, 42  Intellectual Property (TRIPS)

EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS
IN TRANSIT

Request to Join Consultations

Communication from Brazil

 The following communication, dated 28 May 2 010, from the delegation of Brazil to the
delegation of the European Union, the delegation of India and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Brazil hereby notifi es the European Union, India, and the Dispute
Settlement Body that, in the light of the substantial tr ade interest of Brazil, it desires to be joined in
the consultations requested by India in a communication circulated to WTO Members on
19 May 2010 (, ) entitled “”.
 Brazil imports significant amounts of generic medicines, including from India; Brazil is also
an exporter of generic medicines. More specifi cally, one of the drug seizures listed in India's
consultation request affected a consignment of medicines bound for Brazil. In addition, Brazil
requested consultations with the European Un ion under the DSU on similar measures. Brazil has
therefore a substantial trade interest in the present dispute and in the correct application of the General
Agreement on Tariffs and Trade as well as the Agre ement on Trade-Related Aspects of Intellectual
Property Rights.
 Brazil looks forward to being informed of the date and venue of the consultations.
EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS IN TRANSIT
Document: Request to Join Consultations Communication from Ecuador
Date: 2 June 2010
Document codes: WT/DS408/4
Complainant: India
Respondent: EU, Netherlands
Dispute stage: Consultation
Agreements cited: Art. V:2, V:4, V:5, V:7, X, V:3  GATT 1994Art. 2, 7, 8, 28, 31, 41, 42  Intellectual Property (TRIPS)

EUROPEAN UNION AND A MEMBER STATE – SEIZURE OF GENERIC DRUGS
IN TRANSIT

Request to Join Consultations

Communication from Ecuador

 The following communication, dated 28 May 2010, from the delegation of Ecuador to the
delegation of the European Union, the delegation of India and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), the Government of Ecuador notifies its desire to be joined in
consultations requested by India pursuant to Article 4 of the DSU, Article 64.1 of the Agreement on
Trade-Related Aspects of Intellectual Property Ri ghts ("TRIPS Agreement"), and Article XXII:1 of
the General Agreement on Tariffs and Trade 1994 ("GATT 1994") regarding measures relating to the
seizure of shipments of generic drugs originating in India that were in transit through the Netherlands
to a third country destination.

 India's request for consultations was circulated on 19 May 2010 ().

 Ecuador has a substantial trade interest in th ese consultations as shipments of generic drugs
destined for Ecuador have been seized in transit in the territory of the European Union in 2008 and
2009. Ecuador is also concerned that these measures could adversely affect the shipment of drugs
destined for Ecuador in the future.

 We look forward to your positive reply and woul d be grateful if you could advise us of the
timing and venue for the consultations.