dean22029/WTO_Docs huggingface dataset:
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Communication from the Appellate Body
Date: 29 November 2004
Document codes: WT/DS268/7; WT/DS268/AB/R.
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Communication from the Appellate Body

 The following communication, dated 29 Nove mber 2004, from Mr. Georges Abi-Saab,
Chairman of the Appellate Body, addressed to th e Chair of the Dispute Settlement Body, is being
circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes.

 It is my honour to transmit to you the Report of the Appellate Body in ,
It will be circulated to Members of the World Tr ade Organization today at 5:00 p.m., 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 we re: Mr. Yasuhei Taniguchi, as Presiding Member;
Mr. A.V. Ganesan and myself, as Members.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Extension of Time Period under Article 21.3(c) of the DSU
Date: 18 March 2005
Document codes: WT/DS268/10
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Extension of Time Period under Article 21.3(c) of the DSU

 The following communication, dated 16 Marc h 2005, from the delegation of Argentina and
the delegation of the United States to the Chairman of the Dispute Settlement Body, is circulated at
the request of those delegations.

 We refer to the communication from Argen tina, dated 11 March 2005, requesting binding
arbitration under Article 21.3(c) of the Unde rstanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") to determine the reasonable period of time for the United States to
implement the recommendations and rulings of the Dispute Settlement Body ("DSB") in the dispute
"United States – Sunset Reviews of Anti-Dumpi ng Measures on Oil Count ry Tubular Goods from
Argentina" (WT/DS268).

 The parties to the dispute, Argentina a nd the United States, are currently holding
consultations for the appointment of an arbitrator , pursuant to footnotes 12 and 13 to Article 21.3(c)
of the DSU.

 Article 21.3(c) of the DSU provides that in the absence of an agreement between the parties
on a reasonable period of time for implementation, a period of time shall be determined through
binding arbitration within 90 days after the date of adoption of the recommendations and rulings by
the DSB. As this 90-day period is about to expire , Argentina and the United States have agreed that
the period of time for this binding arbitration shall be completed no later than 60 days after the date of
the appointment of the arbitrator. Argentina a nd the United States confirm that the award of the
arbitrator, made within the agreed 60-day period, shal l be deemed to be the 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 – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Appointment of Arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Note by the Secretariat By joint letter dated 30 March 2005, Arge ntina and the United States requested Mr. A.V. Ganesan, Member of the Appellate Body, to act as arbitrator pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlem ent of Disputes in the matter United States – Sunset Reviews of Anti- Dumping Measures on Oil Country Tubular Goods from Argentina (WT/DS268).  On 8 April 2005, Mr. Ganesan informed Argentina and the United States in writing that
Date: 12 April 2005
Document codes: WT/DS268/11
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON
OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Appointment of Arbitrator under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

Note by the Secretariat

 By joint letter dated 30 March 2005, Arge ntina and the United States requested
Mr. A.V. Ganesan, Member of the Appellate Body, to act as arbitrator pursuant to Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlem ent of Disputes in the matter United
States – Sunset Reviews of Anti- Dumping Measures on Oil Country Tubular Goods from Argentina
(WT/DS268). On 8 April 2005, Mr. Ganesan informed Argentina and the United States in writing that
he accepts the appointment to serve as arbitrator.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 7 June 2005
Document codes: WT/DS268/13; WT/DS268/12
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON
OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Arbitration under Article 21.3(c) of the Understanding

on Rules and Procedures Governing the Settlement of Disputes

 The following communication, dated 7 June 2 005, from the arbitrator, Mr. A.V. Ganesan,
to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 21.3(c) of
the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am pleased to provide to you a copy of my Arbitration Award in (),
pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes. It was circulated to the Members of the WTO today.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse to Article 21.5 of the DSU by Argentina Constitution of the Panel Note by the Secretariat
Date: 28 March 2006
Document codes: WT/DS268/17; WT/DS268/16.
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse to Article 21.5 of the DSU by Argentina

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 17 March 2006, the Dispute Settlement Body (DSB) referred this dispute, if
possible, to the original Panel in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU) to examine the matter refe rred to the DSB by Argentina in document

2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Argentina in document , the matter referred to the DSB by
Argentina in that 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 20 March 2006, the Panel was composed as follows:
Chairman: Mr. Paul O'Connor
 Members: Mr. Bruce Cullen
Dr. Faizullah Khilji
4. China, the European Communiti es, Japan, Korea, and Mexico have reserved their rights to
participate in the Panel proceedings as third parties.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse to Article 21.5 of the DSU by Argentina Communication from the Chairman of the Panel
Date: 19 June 2006
Document codes: WT/DS268/18
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse to Article 21.5 of the DSU by Argentina

Communication from the Chairman of the Panel

 The following communication, dated 16 June 2006 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated pursuan t to Article 21.5 of the Dispute Settlement
Understanding (DSU).

 Article 21.5 of the DSU stipulates that a panel considering the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings of the DSB
shall circulate its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further states that wh en a panel considers that it cannot provide its
report within this time frame, it shall inform the DS B in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report.

 The matter – Recourse to Article 21.5 of the DSU by Argentina was referred to
the original Panel by the DSB on 17 March 2006, with the formalities in composing the Panel being
completed on 20 March 2006.

 It will not be possible for the Panel to comple te its work in 90 days in light of scheduling
conflicts.

 The Panel expects to complete its work in November 2006.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse to Article 21.5 of the DSU by Argentina Communication from the Appellate Body
Date: 7 March 2007
Document codes: WT/DS268/21
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse to Article 21.5 of the DSU by Argentina

Communication from the Appellate Body

 The following communication, dated 6 March 2007, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") of its decision to appeal. Article 17.5 also states that, when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The United States notified the DSB on 12 January 20 07 of its decision to appeal certain issues
of law covered in the Panel Report and certain lega l interpretations developed by the Panel in this
case, with the result that the 60-day period expi res on Tuesday, 13 March 2007. Due to the time
required for completion and translation of the Report, the Appellate Body will not be able to circulate
its Report by Tuesday, 13 March 2007. We estimate that the Appellate Body Report in this appeal
will be circulated to WTO Members no later than Thursday, 12 April 2007.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse to Article 21.5 of the DSU by Argentina Communication from the Appellate Body
Date: 13 April 2007
Document codes: WT/DS268/22
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse to Article 21.5 of the DSU by Argentina

Communication from the Appellate Body

 The following communication, dated 12 April 2007, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement 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 , Recourse to
Article 21.5 of the DSU by Argentina , 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. Yasuhei Taniguchi, as Presiding Member; Ms. Merit E. Janow and Mr. David Unterhalter,
as Members.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse by the United States to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 26 June 2007
Document codes: WT/DS268/26
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse by the United States to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

1. At its meeting on 4 June 2007, the Dispute Settlement Body (DSB) agreed that the matter
raised by the United States in document WT/DS 268/25 shall be referred to arbitration in accordance
with 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 unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned 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 part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll 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 date of expiry of the reasonable period of
time. Concessions or other obligations sh all 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. In accordance with Article 22.6 of the DSU, the original panelists will serve as arbitrators:

Chairman: Mr. Paul O'Connor
Members: Mr. Bruce Cullen
Dr. Faizullah Khilji
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Recourse by the United States to Article 22.6 of the DSU Communication from the Arbitrator
Date: 26 June 2007
Document codes: WT/DS268/27
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Recourse by the United States to Article 22.6 of the DSU

Communication from the Arbitrator

 The following communication, dated 21 June 2007, has been received from the Delegation of
Argentina and the Delegation of the United States and addressed to Mr. Paul O'Connor, Chairman of
the arbitrators:

"Argentina and the United States wish to thank you and the other arbitrators for
accepting to serve in the above-referenced proceeding.
On May 21, 2007, Argentina requested authorization from the WTO Dispute
Settlement Body (DSB) to suspend the application to the United States of tariff
concessions and related oblig ations under the General Agreement on Tariffs and
Trade (GATT) 1994 (), pursuant to Article 22.2 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU").
On June 1, 2007, the United States objected to the level of suspension of concessions
and other obligations proposed by Arge ntina (). In accordance with
Article 22.6 of the DSU, the matter was referred to arbitration.
Article 3.7 of the DSU provides that a "sol ution mutually acceptable to the parties to
a dispute and consistent with the covered agre ements is clearly to be preferred." In
light of the US statement at the 4 June 2007 meeting of the DSB that 'on Thursday,
May 31, 2007, the US International Trade Commission made a negative
determination of likelihood of continuation or recurrence of injury in its sunset
review concerning Oil Country Tubular G oods from Argentina' and that '[t]he
antidumping order will therefore be revoked, ' Argentina and the United States jointly
request that the Article 22.6 arbitration proceeding be suspended until either party
subsequently requests its resumption.
Argentina and the United States have agreed that, if either party decides to request
resumption of the arbitration proceeding, th at party will provide the other party with
30 days' advance notice before making such a request."

 In accordance with the parties' joint request, the arbitrators have suspended the arbitration
proceeding, until either party subsequently requests its resumption. The arbitrators have also taken
note of the parties' agreement that, if either part y decides to request resumption of the arbitration
proceeding, that party will provide the other party with 30 days' advance notice before making such a
request.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Report of the Panel Corrigendum Annex A Page A31 The last two sentences of paragraph 92, from  "As will be ..." shoul d be renumbered as paragraph 93.
Date: 16 July 2004
Document codes: WT/DS268/R/Corr.1
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF
ANTI-DUMPING MEASURES ON OIL COUNTRY
TUBULAR GOODS FROM ARGENTINA

Report of the Panel

Corrigendum

Annex A

 The last two sentences of paragraph 92, from "As will be ..." shoul d be renumbered as
paragraph 93.

 The last two sentences of paragraph 144, from "With regard to the ..." should be renumbered
as paragraph 145.

* In English only
UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 21 December 2004
Document codes: WT/DS268/8; WT/DS268/AB/R; WT/DS268/R
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 17 December 2004, the Dis pute Settlement Body adopted the Appellate
Body report on () and the Panel report ( and Corr.1), as
modified by the Appellate Body report. The Pane l report should be read in conjunction with the
Appellate Body report.

ÉTATS-UNIS - RÉEXAMENS À L'EXTINCTION DES MESURES ANTIDUMPING
PÉTROLIFÈRES EN PROVENANCE D'ARGENTINE

Rapport de l'Organe d'appel et rapport du Groupe spécial

de l'Organe d'appel intitulé "États-Unis - Réexamens à l'extinction des mesures antidumping visant les
produits tubulaires pour champs pétr olifères en provenance d'Argentine " () et le
Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ANTIDUMPING IMPUESTAS A LOS ARTÍCULOS TUBULARES
PARA CAMPOS PETROLÍFEROS PROCEDENTES
DE LA ARGENTINA

Actuación del Órgano de Solución de Diferencias

 En su reunión de 17 de diciembre de 2004, el Órgano de Solución de Diferencias adoptó el
medidas antidumping impuestas a los artículos tubulares para campos petrolíferos procedentes de
UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 18 May 2007
Document codes: WT/DS268/23; WT/DS268/AB/RW; WT/DS268/RW
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU

Action by the Dispute Settlement Body
 At its meeting on 11 May 2007, the Dispute Se ttlement Body adopted the Appellate Body
report on : Recourse to Ar ticle 21.5 of the DSU by Argentina () and the
Panel report (), as modified by the Appellate Body report. The Panel report should be
read in conjunction with the Appellate Body report.

ÉTATS-UNIS - RÉEXAMENS À L'EXTINCTION DES MESURES ANTIDUMPING
EN PROVENANCE D'ARGENTINE
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5
 À sa réunion du 11 mai 2007, l'Organe de règl ement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire États-Unis - Réexamens à l'extinction des mesures antidumping visant les
produits tubulaires pour champs pétrolifères en prove nance d'Argentine: Rec ours de l'Argentine à
rapport du Groupe spécial (), tel qu'il a ét é modifié par le rapport de l'Organe d'appel.
Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ANTIDUMPING IMPUESTAS A LOS ARTÍCULOS TUBULARES
PARA CAMPOS PETROLÍFEROS PROCEDENTES
DE LA ARGENTINA
Actuación del Órgano de Solución de Diferencias
 En su reunión de 11 de mayo de 2007, el Órgano de Solución de Diferencias adoptó el
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Request from Argentina for Arbitration under Article 21.3(c) of the DSU
Date: 15 March 2005
Document codes: WT/DS268/9; WT/DS268/R; WT/DS268/AB/R
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Request from Argentina for Arbitration under Article 21.3(c) of the DSU

 The following communication, dated 11 March 2005, from the delegation of Argentina to the
Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 At its meeting held on 17 December 2004, th e Dispute Settlement Body ("DSB") adopted the
reports from the Panel ( and Corr.1) and the Appellate Body () in the
dispute "United States – Sunset Reviews of Anti-Du mping Measures on Oil Country Tubular Goods
from Argentina".

 Pursuant to its obligations under Article 21. 3 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"), on 14 January 2005 the United States informed the
DSB that it intended to implement the recommendations and rulings adopted by the DSB in the above
referenced dispute and requested a reasonable period of time for doing so.

 Argentina and the United States have been holdi ng consultations aimed at reaching a mutually
agreed reasonable period of time for the implementa tion, in accordance with Article 21.3(b) of the
DSU. However, in spite of the efforts made towa rds that end, Argentina and the United States have
not yet been able to reach an agreement. Accord ingly, Argentina hereby requests that the reasonable
period of time be determined through binding arbitration, pursuant to Article 21.3(c) of the DSU.

 Argentina will immediately contact the United St ates in order to reach an agreement on the
prompt appointment of the arbitrator.
UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Request by the United States for Arbitration under Article 22.6 of the DSU
Date: 4 June 2007
Document codes: WT/DS268/25
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Request by the United States for Arbitration under Article 22.6 of the DSU

 The following communication, dated 1 June 2007, from the delegation of the United States to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

 Regarding the dispute United States –- Sunset Reviews of Anti-Dumping Measures on Oil
Country Tubular Goods from Argentina (WT/DS268), my authorities have instructed me to inform
you that, pursuant to Article 22.6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), the United States objects to the level of suspension of concessions
and other obligations under the covered agre ements proposed by Argentina in document
 The level of suspension proposed is not equivalent to the level of nullification or
impairment within the meaning of Article 22.7 of the DSU.

 Accordingly, as required by Article 22.6 of the DSU
1, the matter shall be referred to
arbitration.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Request to Join Consultations Communication from the United States
Date: 29 October 2002
Document codes: WT/DS269/2; WT/DS269/1
Complainant: Brazil
Respondent: EU
Third parties: China, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II:1, XXIII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS
Request to Join Consultations
Communication from the United States
The following communication, dated 25 October 2002, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission, the Permanent Mission of
Brazil and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
I am writing concerning the request for consultations by Brazil on , circulated on 16 October 2002
(). Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes , my authorities have instructed me to notify the consulting Members and
the Dispute Settlement Body of the desire of the United States to be joined in these consultations.
The United States has a substantial trade interest in this matter. The United States is a leading
producer and exporter of poultry world-wide. Over the period 1996-2001, US exports of poultry
(HS0207) averaged nearly $2 billion world-wide; in many years during that period US global exports
exceeded $2 billion (e.g. in 2001). Furthermore, a significant portion of US global exports are frozen
poultry parts (HS020714). During the 1996-2001 period, about 75% of total US exports were these
poultry parts.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Request from Brazil for Arbitration under Article 21.3(c) of the DSU
Date: 24 November 2005
Document codes: WT/DS269/11; WT/DS269/AB/R; WT/DS269/R
Complainant: Brazil
Respondent: EU
Third parties: China, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II:1, XXIII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Request from Brazil for Arbitration under Article 21.3(c) of the DSU

 The following communication, dated 22 Novemb er 2005, from the delegation of Brazil to the
Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 On 27 September 2005, the Dispute Settlement Body (DSB) adopted the report of the
Appellate Body in
() and the Panel report (), as modified by the Appellate Body report.

 At the DSB meeting held on 18 October 2005, the European Communities stated its intention
to implement the DSB recommendations and rulings in an appropriate manner. In that statement, the
Communities also informed that "various highly t echnical issues" prevented them from proceeding to
immediate implementation and that a reasonable pe riod of time was required for that purpose. The
EC signaled its intention to enter into consu ltations on a mutually acceptable period of time for
implementation, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU).

 The co-complainants and the European Communities held consultations on
18 November 2005 regarding the period of implementation but were not able to reach an agreement.

 Brazil, therefore, requests th at the reasonable period of time be determined through binding
arbitration pursuant to Article 21.3(c) of the DSU.

 Brazil will immediately confer with the Eu ropean Communities with a view to reaching
agreement on the prompt appointment of an arbitrator.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Constitution of the Panel Established at the Requests of Brazil and Thailand Note by the Secretariat
Date: 29 June 2004
Document codes: WT/DS269/4; WT/DS286/6; WT/DS286/5
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Constitution of the Panel Established at the Requests

of Brazil and Thailand

Note by the Secretariat

1. At its meeting on 7 November 2003, the Di spute Settlement Body (DSB) established a panel
pursuant to the request of Brazil in document WT /DS269/3. At its meeting on 21 November 2003,
the DSB established a panel pursuant to the request of Thailand in document and
agreed, as provided for in Article 9 of the Dis pute Settlement Understanding (DSU) in respect of
multiple complainants, that the panel established on 7 November 2003, to examine the complaint by
Brazil will also examine Thailand's complaint (WT/DSB/M/158).

2. At those meetings, the parties to the dispute also agreed that the panel should have standard
terms of reference. The terms of reference are, therefore, the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by Brazil in document and Thailand in document , the
matter referred to the DSB by Brazil and Thailand in those documents, and to make
such findings as will assist the DSB in ma king the recommendations or in giving the
rulings provided for in those agreements."
3. On 17 June 2004, Brazil and Thailand request ed 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 28 June 2004, the Director-General accordingly composed the Panel as follows:

Chairman: Mr. Hugh McPhail

 Members: Ms Elisabeth Chelliah
 Mr. Manzoor Ahmad

5. Brazil (in respect of Thailand's complaint), Ch ile, China, Colombia (in respect of Thailand's
complaint), Thailand (in respect of Brazil's complaint) and the United States have reserved their rights
to participate in the Panel proceedings as third parties.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Constitution of the Panel Established at the Requests of Brazil and Thailand Note by the Secretariat Revision
Date: 13 September 2004
Document codes: WT/DS269/4/Rev.1; WT/DS286/6/Rev.1; WT/DS286/5
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Constitution of the Panel Established at the Requests

of Brazil and Thailand

Note by the Secretariat

Revision

1. At its meeting on 7 November 2003, the Di spute Settlement Body (DSB) established a panel
pursuant to the request of Brazil in document WT /DS269/3. At its meeting on 21 November 2003,
the DSB established a panel pursuant to the request of Thailand in document and
agreed, as provided for in Article 9 of the Dis pute Settlement Understanding (DSU) in respect of
multiple complainants, that the panel established on 7 November 2003, to examine the complaint by
Brazil will also examine Thailand's complaint (WT/DSB/M/158).

2. At those meetings, the parties to the dispute also agreed that the panel should have standard
terms of reference. The terms of reference are, therefore, the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by Brazil in document and Thailand in document , the
matter referred to the DSB by Brazil and Thailand in those documents, and to make
such findings as will assist the DSB in ma king the recommendations or in giving the
rulings provided for in those agreements."
3. On 17 June 2004, Brazil and Thailand request ed 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 28 June 2004, the Director-General accordingly composed the Panel as follows:

Chairman: Mr. Hugh McPhail

 Members: Ms Elizabeth Chelliah
 Mr. Manzoor Ahmad

5. Brazil (in respect of Thailand's complaint), Ch ina, Colombia, Thailand (in respect of Brazil's
complaint) and the United States have reserved their rights to participate in the Panel proceedings as
third parties
1.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Communication from the Chairman of the Panel
Date: 23 November 2004
Document codes: WT/DS269/5; WT/DS286/7
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Communication from the Chairman of the Panel

 The following communication, dated 19 Nove mber 2004, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement Understanding
(DSU).

 Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed six
months.

 Article 12.9 of the DSU states that when a pane l considers that it cannot issue its report within
six months, it shall inform the DSB in writing of the reasons for the delay, together with an estimate
of the period within which it will issue its report.

 The Panels on European Communities – Customs Classific ation of Frozen Boneless Chicken
Cuts (WT/DS269 and WT/DS286) were establis hed by the DSB on 7 November 2003 and
21 November 2003 respectively and a single Panel was composed on 28 June 2004. It will not,
however, be possible for the Panel to complete its wo rk in six months due to the complexity of the
case and the sensitivity of the legal and factual questions that have been raised.

 The Panel hopes to complete its work by the end of March 2005.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Communication from the Appellate Body
Date: 12 August 2005
Document codes: WT/DS269/8; WT/DS286/10
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION
OF FROZEN BONELESS CHICKEN CUTS

Communication from the Appellate Body

 The following communication, dated 11 Augus t 2005, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Ar ticle 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the Dispute
Settlement Body in writing of the reasons for the de lay together with an estimate of the period within
which it will circulate its Report.

 The European Communities notified the Dis pute Settlement Body on Monday, 13 June 2005,
of its decision to appeal certain issues of law cove red in the Panel Reports and legal interpretations
developed by the Panel in this case, with the re sult that the 60-day period expires on Friday,
12 August 2005. Due to the time required for comple tion and translation of the Report, the Appellate
Body will not be able to circulate its Report by Friday, 12 August 2005. We estimate that the
Appellate Body Report in this appeal will be ci rculated to WTO Members no later than Monday,
12 September 2005.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Communication from the Appellate Body
Date: 13 September 2005
Document codes: WT/DS269/9; WT/DS286/11; WT/DS269/AB/R; WT/DS286/AB/R.
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION
OF FROZEN BONELESS CHICKEN CUTS

Communication from the Appellate Body

 The following communication, dated 12 Septem ber 2005, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement 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 transmit to you the Report of the Appellate Body in , ,
 It will be circulated to Members of the at 4 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. Giorgio Sacerdoti, as Presiding
Member; Mr. Luiz Olavo Baptista and Mr. A.V. Ganesan, as Members.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Appointment of Arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Note by the Secretariat By joint letter dated 9 December 2005 from Braz il and the European Communities, and joint letter dated 13 December 2005 from the European Communities and Thaila nd, Mr. James Bacchus, former Member of the Appellate Body, was requested to act as arbitrator pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Gove rning the Settlement of Disputes in the matter European Communities – Customs Classification of Frozen Boneless Chicken Cuts  (WT/DS269;
Date: 16 December 2005
Document codes: WT/DS269/12; WT/DS286/14
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Appointment of Arbitrator under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

Note by the Secretariat

 By joint letter dated 9 December 2005 from Braz il and the European Communities, and joint
letter dated 13 December 2005 from the European Communities and Thaila nd, Mr. James Bacchus,
former Member of the Appellate Body, was requested to act as arbitrator pursuant to Article 21.3(c) of
the Understanding on Rules and Procedures Gove rning the Settlement of Disputes in the matter
 (WT/DS269;
WT/DS286). On 14 December 2005, Mr. Bacchus in formed Brazil, the European Communities and
Thailand in writing that he accept s the appointments to serve as arbi trator and that he proposes to
conduct both proceedings simultaneously.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 22 February 2006
Document codes: WT/DS269/14; WT/DS286/16; WT/DS269/13; WT/DS286/15
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Arbitration under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

 The following communication, dated 20 February 2006, from the arbitrator, Mr. James Bacchus,
to the Chairman of the Dispute Settle ment Body, is circulated in accord ance with Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am pleased to provide to you a copy of my Arbitration Award in European Communities –
Customs Classification of Fr ozen Boneless Chicken Cuts (, ), pursuant to
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes . It was
circulated to Members of the today.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Status Report by the European Communities
Date: 9 June 2006
Document codes: WT/DS269/15; WT/DS286/17
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS

Status Report by the European Communities

 The following communication, dated 8 June 2006, from the delegation of the European
Communities to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 21.6
of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS269, WT/DS286)

 Under Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), the European Communities has to submit a status report on this case as from
20 August 2006. However, in a spirit of full tran sparency, the European Communities submits this
report much earlier than this date, without prejudice to its rights.

 On 27 September 2005, the Dispute Settlement Body ("DSB") adopted the Appellate Body
Report and the Panel Reports, as modified by the Appellate Body Report, in . At the DSB meeting of 18 October 2005,
the European Communities confirmed its intention to implement the recommendations and rulings of
the DSB in this dispute and stated that it would require a "reasonable period of time" in which to do
so, pursuant to Article 21.3 of the DSU.

 Following the failure of the parties to reach a mutual agreement on the reasonable period for
implementation, Brazil and Thailand requested th at such period be determined through binding
arbitration, in accordance with Article 21.3 (c) of the DSU.

 The arbitral award issued on 20 February 20 06 determined that the reasonable period of time
for the European Communities to implement the re commendations and rulings of the DSB in this
dispute is nine months from the date of adoption of the Panel and Appellate Body Reports, and would
therefore expire on 27 June 2006.

 The European Communities is pleased to report that draft legislation under the form of a
Commission Regulation amending Annex 1 to Co uncil Regulation (EEC) No 2658/87 on the Tariff
and Statistical Nomenclature and on the Common Cu stoms Tariff, that would fully implement the
DSB recommendations and rulings with respect to this dispute is now in the process of being adopted.

The European Commission works with the relevant Committees to enact this legislation at the latest
by the expiry of the reasonable period of time for implementation.

 The European Communities intends to present a more detailed status report as soon as such
legislation is adopted and enters into force.