EUROPEAN COMMUNITIES AND ITS MEMBER STATES – TARIFF TREATMENT OF CERTAIN INFORMATION TECHNOLOGY PRODUCTS
Document: Constitution of the Panel Established at the Request of the United States, Japan, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu Note by the Secretariat
Date: 26 January 2009
Document codes: WT/DS375/9; WT/DS376/9; WT/DS377/7; WT/DS376/8; WT/DS377/6
Complainant: Taiwan
Respondent: EU
Third parties: Australia, Brazil, China, Costa Rica, Hong Kong, India, Japan, South Korea, Philippines, Singapore, Thailand, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. II:1, X:1, X:2, XXIII  GATT 1994

EUROPEAN COMMUNITIES AND ITS MEMBER STATES – TARIFF TREATMENT
OF CERTAIN INFORMATION TECHNOLOGY PRODUCTS

Constitution of the Panel Established at the Request of the United States,

Japan, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu

Note by the Secretariat

1. At its meeting on 23 September 2008, the Di spute Settlement Body (DSB) established a panel
pursuant to the request of the United States, Japan , and the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu in document WT/D S375/8, and , in
accordance with Article 6 of the DSU (WT/DSB/M/256).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions in the covered agreements cited
by the parties to the dispute, the matter referred to the DSB by the United States,
Japan and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu in
document , and WT/D S377/6, 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 12 January 2009, the United States, Japan, and the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu requested the Director-General to determine the composition of the panel,
pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:

"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."

4. On 22 January 2009, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Wilhelm Meier

 Members: Mr David Evans
 Ms Valerie Hughes

5. Australia; Brazil; China; Costa Rica; Hong Kong, China; India; Japan (in respect of the
United States' and Chinese Taipei's complaints); Kor ea; the Philippines; Singapore; Chinese Taipei
(in respect of the United States' and Japan's compla ints); Thailand; Turkey; the United States (in
respect of Japan's and Chinese Taipei's complaints ); and Viet Nam have reserved their rights to
participate in the Panel proceedings as third parties.
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