dean22029/WTO_Docs huggingface dataset:
CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR EXEMPTIONS FROM TAXES AND OTHER PAYMENTS
Document: Request to Join Further Consultations Communication from Canada
Date: 18 May 2007
Document codes: WT/DS359/9
Complainant: Mexico
Respondent: China
Third parties: Argentina, Australia, Canada, Chile, Colombia, Egypt, EU, Japan, Taiwan
Dispute stage: Mutually Agreed Solution
Agreements cited: Part I, para. 1.2, Part I, para. 7.2, Part I, para. 7.3, Part I, para. 10.3  Protocol of AccessionArt. 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR
EXEMPTIONS FROM TAXES AND OTHER PAYMENTS

Request to Join Further Consultations

Communication from Canada

 The following communication, dated 14 May 2007, from the delegation of Canada to the
delegation of China, the delegation of Mexico 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 be joined in the
consultations requested by Mexico pursuant to Ar ticles 1 and 4 of the DSU, Article XXII:1 of the
General Agreement on Tariffs and Trade 1994 , Articles 4 and 30 of the Agreement on Subsidies and
Countervailing Measures , and Article 8 of the Agreement on Trade-Related Investment Measures ,
with regard to certain measures granting refunds , reductions, or exemptions from taxes or other
payments otherwise due to the government by enterprises in China.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Mission of Mexico, dated 4 May 2007, was circulated to WTO Members
on 9 May 2007 as China – Certain Measures Granting Re funds, Reductions or Exemptions
from Taxes and Other Payments (, , ,

 Canada has a significant and growing trading relationship with China. In 2006, two-way
merchandise trade between the two countries reached Can$42.1 billion, with China being the second
largest exporter to Canada and the seventh la rgest importer of Canadian goods. The Chinese
measures at issue are available to a wide range of companies doing business in China and these
companies may compete with Canadian companies in Canada, in China, and in third-country markets.
Canada has, therefore, a substantial trade interest 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.
CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR EXEMPTIONS FROM TAXES AND OTHER PAYMENTS
Document: Request to Join Further Consultations Communication from Japan
Date: 22 May 2007
Document codes: WT/DS359/10
Complainant: Mexico
Respondent: China
Third parties: Argentina, Australia, Canada, Chile, Colombia, Egypt, EU, Japan, Taiwan
Dispute stage: Mutually Agreed Solution
Agreements cited: Part I, para. 1.2, Part I, para. 7.2, Part I, para. 7.3, Part I, para. 10.3  Protocol of AccessionArt. 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR
EXEMPTIONS FROM TAXES AND OTHER PAYMENTS

Request to Join Further Consultations

Communication from Japan

 The following communication, dated 16 May 2007, from the delegation of Japan to the
delegation of China, the delegation of Mexico and to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, the Government of Japan hereby notifies the Government of the
People's Republic of China ("China") that is desire s to be joined in the supplemental consultations
requested by Mexico in a communication circulated to WTO Members on 9 May 2007
(, , , ), titled , in
light of the substantial trade interest of Japan as a major trading partner of China.
CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR EXEMPTIONS FROM TAXES AND OTHER PAYMENTS
Document: Request to Join Further Consultations Communication from the United States
Date: 21 May 2007
Document codes: WT/DS359/11; WT/DS359/1/Add.1
Complainant: Mexico
Respondent: China
Third parties: Argentina, Australia, Canada, Chile, Colombia, Egypt, EU, Japan, Taiwan
Dispute stage: Mutually Agreed Solution
Agreements cited: Part I, para. 1.2, Part I, para. 7.2, Part I, para. 7.3, Part I, para. 10.3  Protocol of AccessionArt. 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

CHINA – CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR
EXEMPTIONS FROM TAXES AND OTHER PAYMENTS

Request to Join Further Consultations

Communication from the United States

 The following communication, dated 18 May 2007, from the delegation of the United States
to the delegation of China, the de legation of Mexico and to the Ch airman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

This concerns the request for consultations by Mexico on , circulated on 9 May 2007
(). My authorities have instruct ed me to notify the consulting Members and the
Dispute Settlement Body of the desire of the Un ited States to be joined in these consultations,
pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes. The United States has a substantial trade in terest in these consultations. They concern
certain measures of China granting refunds, reductions or exemptions from taxes or other payments
otherwise due by enterprises in China, measure s on which the United States has also requested
consultations ( and ). These measures appear to offer import
substitution and export subsidies across a broad range of manufacturing sectors affecting the
conditions of competition facing U.S.-manufactured goods sold in U.S. and foreign markets.
CHINA - CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR EXEMPTIONS FROM TAXES AND OTHER PAYMENTS
Document: Acceptance by China of the Requests to Join Further Consultations Australia, Canada, the European Communiti es, Japan and the United States notified the Dispute Settlement Body (DSB) of their desire to be  joined in the consultations requested by Mexico,
Date: 15 June 2007
Document codes: WT/DS359/12
Complainant: Mexico
Respondent: China
Third parties: Argentina, Australia, Canada, Chile, Colombia, Egypt, EU, Japan, Taiwan
Dispute stage: Mutually Agreed Solution
Agreements cited: Part I, para. 1.2, Part I, para. 7.2, Part I, para. 7.3, Part I, para. 10.3  Protocol of AccessionArt. 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 2.1, Annex 1  Trade-Related Investment Measures (TRIMs)

CHINA - CERTAIN MEASURES GRANTING REFUNDS, REDUCTIONS OR
EXEMPTIONS FROM TAXES AND OTHER PAYMENTS
Acceptance by China of the Requests to Join Further Consultations

 Australia, Canada, the European Communiti es, Japan and the United States notified the
Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by Mexico,
pursuant to Article 4.11 of the DSU.

 The delegation of China informed the DSB th at it had accepted the requests of Australia,
Canada, the European Communities, Japan and the United States to join the consultations.

CHINE - CERTAINES MESURES ACCORDANT DES REMBOURSEMENTS,
RÉDUCTIONS OU EXONÉRATIONS D'IMPÔTS
ET AUTRES VERSEMENTS
savoir à l'Organe de règlement des différends (ORD ) qu'ils désiraient être admis à participer aux
le règlement des différends.

et le Japon.

DEVOLUCIONES, REDUCCIONES O EXENCIONES DE
IMPUESTOS Y DE OTROS PAGOS
su deseo de ser asociados a las consultas solicitadas por México.

 La delegación de China ha informado al OS D de que ha aceptado las solicitudes de asociación
el Japón.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Request to Join Consultations Communication from the European Communities
Date: 20 March 2007
Document codes: WT/DS360/2
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON
IMPORTS FROM THE UNITED STATES

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 16 March 2007, from the delegation of the European
Communities to the delegation of the United States, 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 European Communities here by notifies the Government of the
United States, the Government of India, and the Di spute Settlement Body that, in the light of the
substantial trade interest of the European Communities, it desires to be joined in the consultations
requested by the United States in a communicati on circulated to WTO Members on 12 March 2007
() entitled DS360 - India – Additional and Extra Additional Duties on Imports from the
United States.

 For the reasons set out in the document entitled "Report to the Trade Barriers
Regulation Committee, Examination Procedure Con cerning an Obstacle to Trade, within
the Meaning of Council Regulation (EC) No 3286/94, Consisting of Trade Practices Maintained by
India Affecting Trade in Wines and Spirits, Complaint Submitted by the European Spirits
Organisation (CEPS) and the Comité Européen des Enterprises Vins (CEEV)", which was
communicated to the Indian Government on 25 July 2006 and which is available at
http://ec.europa.eu/trade/issues/respectrules/tbr/cases/ind_alc.htm, the European Communities
consider that exports of wines and spirits from the European Communities are adversely affected by
the measures challenged by the United States.

 The European Communities therefore has a substant ial trade interest in the present dispute.

 The European Communities looks forward to be ing informed of the date and venue of the
consultations.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Request to Join Consultations Communication from Australia
Date: 23 March 2007
Document codes: WT/DS360/3
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON
IMPORTS FROM THE UNITED STATES

Request to Join Consultations

Communication from Australia

 The following communication, dated 21 March 2007, from the delegation of Australia to the
delegation of India, the delegation of the United St ates and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the Government of India that, in light
of the substantial trade interest of Australia, it desi res to be joined in the consultations requested by
the United States in the communication entitled and circulated to WTO Members on 12 March 2007 ().

 Australia has substantial trade interests in th is matter. The volume and value of Australian
wine exports to India are increasing significantly. In volume terms, exports have increased from
around 62,000 litres in 2000 to around 255,000 litres in 2005. In value terms, exports have increased
from around $A 205,000 in 2000 to around $A 1.796 m illion in 2005. Australia's market share of
India’s wine imports is also growing, from 1.6% in 2000 to 11.9% in 2005. The Australian wine
industry is heavily export-oriented, with 60.1% of wine production (by volume) exported in 2005 and
around 50% of Australian wineries involved in export trade.

 Australia looks forward to receiving your reply.
INDIA - ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Acceptance by India of the Request to Join Consultations Australia and the European Communities notifie d the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU. The delegation of India informed the DSB th at it had accepted the request of the European Communities to join the consultations. INDE - DROITS ADDITIONNELS ET DROITS ADDITIONNELS
Date: 13 April 2007
Document codes: WT/DS360/4
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA - ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON
IMPORTS FROM THE UNITED STATES

Acceptance by India of the Request to Join Consultations

 Australia and the European Communities notifie d the Dispute Settlement Body (DSB) of their
desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the
DSU.

 The delegation of India informed the DSB th at it had accepted the request of the European
Communities to join the consultations.

INDE - DROITS ADDITIONNELS ET DROITS ADDITIONNELS
SUPPLÉMENTAIRES SUR LES IMPORTATIONS

INDIA - DERECHOS ADICIONALES Y DERECHOS ADICIONALES
SUPLEMENTARIOS SOBRE LAS IMPORTACIONES

 Australia y las Comunidades Europeas notificaron al Órgano de Solución de Diferencias
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 3 July 2007
Document codes: WT/DS360/6; WT/DS360/5; WT/DS360/5
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON
IMPORTS FROM THE UNITED STATES

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

Note by the Secretariat

1. At its meeting of 20 June 2007, the Dis pute Settlement Body (DSB) established a Panel
pursuant to the request of the United States in document , in accordance with Article 6 of
the Dispute Settlement Understanding (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 United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 3 July 2007, the parties agreed to the following composition of the Panel:

 Chairman: Mr Luzius Wasescha

 Members: Mr Mateo Diego-Fernández
 Mr Bruce McRae

4. Australia, Chile, the European Communities, Japan and Viet Nam have reserved their rights
to participate in the Panel proceedings as third parties.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Communication from the Chairman of the Panel
Date: 20 December 2007
Document codes: WT/DS360/7
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON
IMPORTS FROM THE UNITED STATES

Communication from the Chairman of the Panel

 The following communication, dated 17 Dece mber 2007, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay together with an estimate of the period within which it will issue its report.

 The Panel in India – Additional and Extra-Add itional Duties on Imports from the
United States (WT/DS360) was established by the DSB on 20 June 2007 and composed on
3 July 2007.

 Due to the complexity of the dispute, and th e administrative and procedural matters involved,
the Panel is not able to complete its work in six months. Based on the current assessment of the
process, the Panel would expect to issue its final report to the parties in the course of March 2008.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Notification of an Other Appeal by India under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 23(1) of the Working Procedures for Appellate Review
Date: 15 August 2008
Document codes: WT/DS360/9
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES
ON IMPORTS FROM THE UNITED STATES

Notification of an Other Appeal by India
under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 23(1) of the Working Procedures for Appellate Review

 The following notification, dated 13 August 2008, from the Delegation of India, is being
circulated to Members.

Imports from the United States, ("Panel Report") and legal interpretations developed by
the Panel in this dispute.
2. India seeks review by the Appellate Body of the issues of law and legal interpretations
developed by the Panel in its Report. In India’s view, the Panel has erred in its Report by erroneously
interpreting the provisions of Article 19 of the DSU Rules and has in its "Conclusions and
Recommendations", made certain "concluding remarks"
1 which India submits are without basis and
result in an ambiguous and unpredictable interpretation of India’s WTO rights and obligations.
3. As a consequence of the errors in the issues of law covered in the Panel Report and the legal
interpretations developed therein, the Panel has er red in interpreting and a pplying the following legal
provisions of the covered agreements:
(i) Article 19.1 and 19.2 read with Article 3.2 of the DSU Rules, which authorize the Panel to
make recommendations or suggestions pertaini ng to implementation only if a measure has
been found inconsistent with the provisions of a covered agreement, provided that such
suggestions or "concluding remarks" do not add to or diminish the rights and obligations
contained in the covered agreements.
(ii) Article 11 of the DSU that inter alia authorizes the Panel to make "such other findings"
provided that such findings or "concluding remarks" assist the DSB in making its
recommendations.

1 See, Panel Report, Section VIII, para 8.2.

4. The relevant paragraph of the Panel Report in which the Panel has erred in addressing the
issues of law and/or the legal interpretations is pa ragraph 8.2 of the Panel Report pertaining to the
misinterpretation of Article 19 of the DSU.
5. In light of the errors in the issues of la w covered in the Panel Report and the legal
interpretations developed therein, India request s that the Appellate Body rectify the Panel’s
"concluding remarks" and hold that such remarks are inconsistent with Article 19 of the DSU.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Communication from the Appellate Body
Date: 26 September 2008
Document codes: WT/DS360/10
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES
ON IMPORTS FROM THE UNITED STATES

Communication from the Appellate Body

 The following communication, dated 25 Septem ber 2008, 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 states, furthermore, 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 1 August 2008 of its decision to appeal certain issues
of law covered in the Panel Report and legal interpretations developed by the Panel in this case, with
the result that the 60-day period expires on Tuesday, 30 September 2008. Due to the time required for
completion and translation of the Report, the Appella te Body will not be able to circulate its Report
by Tuesday, 30 September 2008. We estimate that th e Appellate Body Report in this appeal will be
circulated to WTO Members no later than Thursday, 30 October 2008.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Communication from the Appellate Body
Date: 31 October 2008
Document codes: WT/DS360/11; WT/DS360/AB/R.
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES
ON IMPORTS FROM THE UNITED STATES

Communication from the Appellate Body

 The following communication, dated 30 October 2008, 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 , 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: Ms. Jennifer Hillman, as Presiding Member; Mr. Giorgio Sacerdoti and
Ms. Yuejiao Zhang, as Members.
INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES ON IMPORTS FROM THE UNITED STATES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 21 November 2008
Document codes: WT/DS360/12; WT/DS360/AB/R; WT/DS360/R
Complainant: U.S.
Respondent: India
Third parties: Australia, Chile, EU, Japan, Vietnam
Dispute stage: Appellate Body
Agreements cited: Art. II:1, III:2, III:4  GATT 1994

INDIA – ADDITIONAL AND EXTRA-ADDITIONAL DUTIES
ON IMPORTS FROM THE UNITED STATES

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body
 At its meeting on 17 November 2008, the Dis pute Settlement Body adopted the Appellate
Body report on
() and the Panel report (), as reversed by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

INDE – DROITS ADDITIONNELS ET DROITS ADDITIONNELS
SUPPLÉMENTAIRES SUR LES IMPORTATIONS

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

de l'Organe d'appel sur l'affaire Inde – Droits additionnels et droits additionnels supplémentaires sur
lu conjointement avec celui de l'Organe d'appel.

INDIA - DERECHOS ADICIONALES Y DERECHOS ADICIONALES
SUPLEMENTARIOS SOBRE LAS IMPORTACIONES

Actuación del Órgano de Solución de Diferencias
Apelación.
1 – REGIME FOR THE IMPORTATION OF BANANAS (DS361) INITIATED BY COLOMBIA
Document: EC1 – REGIME FOR THE IMPORTATION OF BANANAS (DS364) INITIATED BY PANAMA Report by the Director-General on the Use of His Good Offices in the Above-Mentioned Disputes (pursuant to Article 3.12 of the DSU) Corrigendum Paragraph 14, 3 rd line:  "2009" should read "2008".
Date: 8 January 2010
Document codes: WT/DS361/2/Corr.1; WT/DS364/2/Corr.1
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. I:1, II, XIII:1, XIII:2, XXVIII  GATT 1994

EC
1 – REGIME FOR THE IMPORTATION OF BANANAS (DS361)
INITIATED BY COLOMBIA

EC1 – REGIME FOR THE IMPORTATION OF BANANAS (DS364)
INITIATED BY PANAMA

Report by the Director-General on the Use of His Good Offices
in the Above-Mentioned Disputes
(pursuant to Article 3.12 of the DSU)

Corrigendum

Paragraph 14, 3
rd line: "2009" should read "2008".
CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Panel Report Action by the Dispute Settlement Body
Date: 27 March 2009
Document codes: WT/DS362/10; WT/DS362/R; WT/DS362/R; IP/D/26
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Panel Report

Action by the Dispute Settlement Body

 At its meeting on 20 March 2009, the Dis pute Settlement Body adopted the Panel report

DROITS DE PROPRIÉTÉ INTELLECTUELLE ET

Rapport du Groupe spécial

Groupe spécial ().

Y OBSERVANCIA DE LOS DERECHOS DE
PROPIEDAD INTELECTUAL

Informe del Grupo Especial

Actuación del Órgano de Solución de Diferencias

 En su reunión de 20 de marzo de 2009, el Órgano de Solución de Diferencias adoptó el
informe del Grupo Especial ().
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request to Join Consultations Communication from Japan
Date: 24 April 2007
Document codes: WT/DS362/2
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Request to Join Consultations

Communication from Japan

 The following communication, dated 20 April 2007, from the delegation of Japan to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), th e Government of Japan hereby notifies the
Government of the People's Republic of China ("China") of its desire to be joined in the consultations
requested by the United States in a communicati on circulated to WTO Members on 16 April 2007
(, , ), titled "China - Measures Affecting the Protection and Enforcement
of Intellectual Property Rights ", in light of the substantial trade interest of Japan as a major trading
partner of China.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request to Join Consultations Communication from the European Communities
Date: 27 April 2007
Document codes: WT/DS362/3
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Request to Join Consultations

Communication from the European Communities

 The following communication, dated 25 April 2007, from the delegation of the European
Communities to the delegation of China, the delega tion of the United States 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 , the European Communities hereby notifies the Governments of the People's
Republic of China, of the United States and the Di spute Settlement Body that, in the light of the
substantial trade interest of the European Communities, it desires to be joined in the consultations
requested by the United States in a communicati on circulated to WTO Members on 16 April 2007
(, , ) entitled " ".

 An efficient protection of Intellectual Property ri ghts is an essential element in the protection of
the interests of EC companies. Counterfeiting and pi racy activity leads to a systematic erosion of the
value added created by European R&D investment s and affects the development of a stable and
mutually beneficial trade relation. China is the f ourth largest destination of EC exports. Therefore,
the European Communities has a subs tantial trade interest in the pr esent dispute and in the correct
application of the Agreement on Trade Related Aspects of Intellectual Property Rights.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request to Join Consultations Communication from Canada
Date: 27 April 2007
Document codes: WT/DS362/4
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Request to Join Consultations

Communication from Canada

 The following communication, dated 25 April 2007, from the delegation of Canada to the
delegation of China, the delegation of the United States 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 of Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada hereby notifies its desire to be joined in
consultations requested by the United States pursuant to Articles 1 and 4 of the DSU and Article 64 of
the Agreement on Trade-Related Aspects of Intellectual Property Rights with respect to certain
measures pertaining to the protection and enforcement of intellectual rights in China.

 The relevant communication to the Permanent Mission of the People's Republic of China
from the Permanent Mission of the United States, dated April 10, 2007, was circulated to WTO
Members on April 16, 2007 as China – Measures Affecting the Protection and Enforcement
ofIintellectual Property Rights (, , ).

 Canada has significant interests in the Chin ese market both as an exporter and investor in
China. Therefore, Canada has a substantial trade in terest in the way in which China's legal regime for
the protection of intellectual property operates. Accordingly, Canada requests to join in these
consultations.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request to Join Consultations Communication from Mexico
Date: 27 April 2007
Document codes: WT/DS362/5
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Request to Join Consultations

Communication from Mexico

 The following communication, dated 26 April 2007, from the delegation of Mexico to the
delegation of China, the delegation of the United States and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 I have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governi ng the Settlement of Disputes (DSU), the
Government of Mexico wishes to be joined in the consultations requested by the United States in a
communication circulated to WTO Members on 16 April 2007 (document , ,
) entitled , in the light of Mexico's substantial trad e interest in this dispute owing to the
increasing trade between Mexico and the People's Republic of China.
CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Acceptance by China of the Requests to Join Consultations Canada, the European Communities, Japan and Mexico notified the Dispute Settlement Body (DSB) of their desire to be joined in the consu ltations requested by the United States, pursuant to Article 4.11 of the DSU. The delegation of China informed the DSB th at it had accepted the requests of Canada, the European Communities, Japan and Mexico to join the consultations. CHINE - MESURES AFFECTANT LA PROTECTION ET LE RESPECT DES DROITS DE PROPRIÉTÉ INTELLECTUELLE
Date: 25 May 2007
Document codes: WT/DS362/6
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Acceptance by China of the Requests to Join Consultations

 Canada, the European Communities, Japan and Mexico notified the Dispute Settlement Body
(DSB) of their desire to be joined in the consu ltations requested by the United States, pursuant to
Article 4.11 of the DSU.

 The delegation of China informed the DSB th at it had accepted the requests of Canada, the
European Communities, Japan and Mexico to join the consultations.

de règlement des différends (ORD ) qu'ils désiraient être admis à participer aux consultations
règlement des différends.

DE PROPIEDAD INTELECTUAL

 La delegación de China ha informado al OS D de que ha aceptado las solicitudes de asociación
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 13 December 2007
Document codes: WT/DS362/8; WT/DS362/7; WT/DS362/7
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

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

Note by the Secretariat

1. At its meeting on 25 September 2007, the Dispute Settlement Body (DSB) established a Panel
pursuant to the request of the United States in document , in accordance with Article 6 of
the 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 United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 3 December 2007, the United States 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 13 December 2007, the Director-General accordingly composed the Panel as follows:
Chairperson: Mr. Adrian MACEY

 Members: Mr. Marino PORZIO
 Mr. Sivakant TIWARI

5. Argentina, Australia, Brazil, Canada, the Eu ropean Communities, India, Japan, Korea,
Mexico, Chinese Taipei, Thailand and Turkey have r eserved their rights to participate in the Panel
proceedings as third parties.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Communication from the Chairman of the Panel
Date: 18 July 2008
Document codes: WT/DS362/9
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Communication from the Chairman of the Panel

 The following communication, dated 16 July 2 008, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on China – Measures Affecting the Protec tion and Enforcement of Intellectual
Property Rights (WT/DS362) was established by the DS B on 25 September 2007, and composed on
13 December 2007.

 Due to the complexity of issues presented in th is case, the Panel will not be able to complete
its work within six months from the date of the Pa nel's composition. The Panel expects to issue its
final report to the parties to the dispute by November 2008.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Communication from China
Date: 15 April 2009
Document codes: WT/DS362/11
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Communication from China

 The following communication, dated 15 April 2009, from the delegation of China to the
Chairman of the Dispute Settlement Body, is circulated at the request of China.

 At its meeting on 20 March 2009, the Dispute Settlement Body ("DSB") adopted
recommendations and rulings in the dispute (DS362). My authorities have instructed me to advise the
DSB of the intentions of China with respect to implementation of the recommendations and rulings of
the DSB, as is our responsibility under Article 21.3 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU"). The United States has agreed that China would
inform the DSB of its intentions by letter rather than at a special meeting of the DSB.

 It is the intention of China to implement the recommendations and rulings of the DSB in this
dispute in a manner that respects its WTO obligati ons, and we have begun to evaluate options for
doing so. China will need a reasonable period of ti me in which to do this. My delegation stands
ready to discuss this matter with the United States, in accordance with Article 21.3(b) of the DSU.
CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Communication from China and the United States concerning Article 21.3(c) of the DSU
Date: 12 May 2009
Document codes: WT/DS362/12
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Communication from China and the United States concerning

Article 21.3(c) of the DSU

 The following communication, dated 8 May 2009, from the delegation of China and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of these delegations.

 The Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the
dispute China – Measures Affecting the Protection a nd Enforcement of Intellectual Property Rights
(DS362) on 20 March 2009. In a letter to the DSB dated 15 April 2009, China notified the DSB that
it intends to implement the recommendations and rulings of the DSB in this dispute and stated that it
would need a reasonable period of time for implementation.

 Article 21.3(c) of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations a nd rulings." In order to allow sufficient time for
the parties to discuss a mutually agreed period, Chin a and the United States (i) agree that, in the event
an arbitration under Article 21.3(c) of the DSU is requested, it shall be completed no later than
60 days after the date of the appointment of an arbitrator, unless the arbitrator, following consultation
with the parties, considers that additional time is re quired; and (ii) hereby confirm that any award of
the arbitrator (including an award not made within 90 days after the date of adoption of the DSB
recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reas onable period of time for China to implement the
recommendations and rulings of the DSB.

For People's Republic of China

H.E. Mr. Sun Zhenyu
Ambassador

For the United States of America

H.E. Mr. Peter F. Allgeier
Ambassador
CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Communication from China and the United States concerning Article 21.3(b) of the DSU
Date: 3 July 2009
Document codes: WT/DS362/13
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA - MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Communication from China and the United States concerning

Article 21.3(b) of the DSU

 The following communication, dated 29 June 2009, from the delegation of China and the
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the
request of these delegations.

 We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, China and the United States have agreed that the
reasonable period of time for China to implement the recommendations and rulings of the Dispute
Settlement Body ("DSB") in the dispute China – Measures Affecting the Protection and Enforcement
of Intellectual Property Rights (WT/DS362) shall be 12 months from the 20 March 2009 date of
adoption of the DSB recommendations and rulings. Accordingly, the reasonable period of time
expires on 20 March 2010.

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

For the People's Republic of China

H.E. Mr. Sun Zhenyu
Ambassador
 For the United States of America

Mr. David P. Shark
Chargé d’affaires, a.i.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Status Report by China
Date: 8 January 2010
Document codes: WT/DS362/14
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Status Report by China

 The following communication, dated 7 January 2010, from the delegation of China to the
Chairman 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

(WT/DS362)

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

 At its meeting on 20 March 2009, the Dis pute Settlement Body adopted the Panel report on

(WT/DS362). On 15 April 2009, China informed the DSB of its intention to implement the
recommendations and rulings of the DSB in connection with this matter.

 The legislative proposals relating to the amendment of the Copyright Law and the
Regulations for Customs Protection of Intellectual Property Rights have been submitted to the State
Council for examination.

 China will continue working on the amendment of the measures, according to its domestic
legislative procedures, that would resolve this matter.
CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Status Report by China Addendum
Date: 8 February 2010
Document codes: WT/DS362/14/Add.1
Complainant: U.S.
Respondent: China
Third parties: Argentina, Australia, Brazil, Canada, EU, India, Japan, South Korea, Mexico, Taiwan, Thailand, Turkey
Dispute stage: Panel
Agreements cited: Art. 61, 41.1, 46, 59, 9.1, 14, 3.1  Intellectual Property (TRIPS)

CHINA – MEASURES AFFECTING THE PROTECTION AND ENFORCEMENT
OF INTELLECTUAL PROPERTY RIGHTS

Status Report by China

Addendum

 The following communication, dated 4 February 2010, from the delegation of China to the
Chairman 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

(WT/DS362)

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

 At its meeting on 20 March 2009, the Dis pute Settlement Body adopted the Panel report on

(WT/DS362). On 15 April 2009, China informed the DSB of its intention to implement the
recommendations and rulings of the DSB in connection with this matter.

 The legislative proposals relating to the amendment of the Copyright Law and the
Regulations for Customs Protection of Intellectual Property Rights have been submitted to the State
Council for examination.

 China will continue working on the amendment of the measures, according to its domestic
legislative procedures, that would resolve this matter.