UNITED STATES – FINAL ANTI-DUMPING MEASURES ON STAINLESS STEEL FROM MEXICO
Document: Understanding between Mexico and the United States Regarding Procedures under Articles 21 and 22 of the DSU
Date: 20 May 2009
Document codes: WT/DS344/17
Complainant: Mexico
Respondent: U.S.
Third parties: Brazil, Chile, China, EU, Japan, South Korea, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2.1, 2.4, 2.4.2, 9, 18.4  Anti-dumpingArt. VI:1, VI:2  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – FINAL ANTI-DUMPING MEASURES
ON STAINLESS STEEL FROM MEXICO

Understanding between Mexico and the United States

Regarding Procedures under Articles 21 and 22 of the DSU

 The following communication, dated 18 May 20 09, from the delegation of Mexico and the
United States to the Chairman of the Dispute Settlem ent Body, is circulated at the request of these
delegations.

 Mexico and the United States would like to inform the Dispute Settlement Body of the
attached "Agreement between Me xico and the United States Regarding Procedures under Articles 21
and 22 of the Dispute Settlement Understanding" with respect to the dispute (WT/DS344).

 We request that you please circulate the attach ed agreement to the Members of the Dispute
Settlement Body.

Carlos Véjar Borrego
Counselor
Permanent Mission of Mexico

Juan A. Millán
Senior Legal Advisor
Permanent Mission of the United States

Agreement between Mexico and the United States

Regarding Procedures under Articles 21 and 22
of the Dispute Settlement Understanding

 On 20 May 2008, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute
(WT/DS344). On 11 August 2008, Mexico request ed that the reasonable period of time for
implementation be determined through arbitration pursuant to Article 21.3(b) of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU"). On 31 October 2008, the
arbitration award was circulated to Members (WT/ DS344/15). The arbitrator determined that the
reasonable period of time for the United States to implement the DSB recommendations and rulings
would be 11 months plus ten days, expiring on April 30, 2009.

 The Parties have agreed on the following procedures for purposes of this dispute:

1. If Mexico deems it appropriate to invoke Article 21.5 of the DSU, Mexico will request that
the United States enter into consultations with Mexi co. The Parties agree to hold such consultations
within 15 days from the date of receipt of the request.
2. After the 15-day period referenc ed in paragraph 1 has elapsed, Mexico may request the
establishment of a panel pursuant to DSU Article 21.5 (the "compliance panel").
3. At the first DSB meeting at which Mexico's request for the establishment of a compliance
panel appears as an item on the agenda, the United States will accept the establishment of that panel.
4. The Parties will cooperate to enable the comp liance panel to circulate its report within
90 days of the panel's composition, excluding such time as the panel's work may be suspended
pursuant to Article 12.12 of the DSU.
5. In case of an appeal of the compliance panel re port, the Parties will cooperate to enable the
Appellate Body to circulate its report within 90 days from the date of notification of the appeal to the
DSB.
6. In the event that the DSB ru les that a measure taken to comply does not exist or is
inconsistent with a covered agreement, Mexico ma y request authorization to suspend concessions or
other obligations in accordance with Article 22 of the DSU after the adoption by the DSB of its
recommendations and rulings and may request negotia tions with the United States with a view to
developing mutually acceptable compensation pursuant to Article 22.2 of the DSU.
7. The United States shall not assert that Mexico is precluded from obtaining such DSB
authorization on the grounds that the request was made outside the 30-day time-period specified in
Article 22.6 of the DSU. This is without prejudi ce to the US right to have the matter referred to
arbitration in accordance with Article 22.6 of the DSU.
8. If Mexico requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, and if the United States objects under Article 22.6 of the DSU to the level
of suspension of concessions or other obligations and/or claims that the principles and procedures set
forth in DSU Article 22.3 have not been followed, the matter will be referred to arbitration pursuant
to DSU Article 22.6.
9. The Parties will cooperate to enable the arbitrat or under Article 22.6 of the DSU to circulate
its award within 60 days of the referral to arbitration.

10. The Parties will cooperate to facilitate the par ticipation of the original panelists in the
compliance panel and the Article 22.6 arbitration.
11. If any of the original panelists is not availabl e for either the Article 21.5 compliance panel or
the Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement panelist or
arbitrator, and either Party may request the Dire ctor-General of the WTO to appoint, as soon as
possible, a replacement for the proceeding or proceed ings in which such a replacement is required.
For any such request where an original panelist is unavailable to serve on the compliance panel and
the Article 22.6 arbitration, the Parties will requ est that in selecting a panelist for the compliance
panel, the Director-General seek a person who will also be available to act in the Article 22.6
arbitration.
12. The Parties agree to continue to cooperate in all matters related to these agreed procedures
and not to raise any procedural objection to any of the steps set out herein. If, during the application
of these procedures, the Parties consider that a procedural aspect has not been properly addressed,
they will endeavour to find a solution within the s hortest time possible that will not affect the other
agreed procedures.
13. These agreed procedures in no way prejudice other ri ghts of either party to take any action or
procedural step to protect its rights and interests, including recourse to the DSU.
 Agreed in Geneva on 18 May 2009.

For Mexico

Fernando de Mateo y Venturini
Ambassador

For the United States

David P. Shark
Chargé d'affaires, a.i.