dean22029/WTO_Docs huggingface dataset:
UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON COMBED COTTON YARN FROM PAKISTAN
Document: Notification of an Appeal by the United States under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 9 July 2001
Document codes: WT/DS192/4
Complainant: Pakistan
Respondent: U.S.
Dispute stage: Unknown

UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON
COMBED COTTON YARN FROM PAKISTAN
Notification of an Appeal by the United States
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
The following notification, dated 9 July 2001, sent by the Permanent Mission of the United
States to the Dispute Settlement Body ("DSB"), is circulated to Members. This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the
Working Procedures for Appellate Review.
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Rule 20 of the Working Pr ocedures for Appellate Review, the
United States notifies its decision to appeal to the Appellate Body certain issues of law covered in the
Panel report on United States - Transitional Safeguard Measure on Combed Cotton Yarn
() and certain legal interpretations developed by the Panel.
The United States seeks review by the Appellate Body of the following Panel determinations,
which the United States believes to be in error and based upon erroneous findings on issues of law
and interpretations of various provisions of the WTO Agreement on Textiles and Clothing:
(1) the Panel’s finding that it could examine the U.S. determination in light of all the facts
submitted by the parties, including evidence that was not considered by or not
available to the U.S. authority at the time of its determination;
(2) the Panel’s conclusion that the United States acted inconsistently with Article 6.2 by
excluding the production of combed cotton yarn by vertically integrated producers for
their own use from the scope of the ‘domestic industry producing like and/or directly
competitive products’ with imported combed cotton yarn; and
(3) the Panel’s determination that Article 6.4 requires attribution to all Members causing
serious damage or actual threat thereof and that the United States acted inconsistently
with its obligations under Article 6.4 by not examining individually the effect of
imports from Mexico and possibly other appropriate Members.
UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON COMBED COTTON YARN FROM PAKISTAN
Document: Communication from the Appellate Body
Date: 5 September 2001
Document codes: WT/DS192/5
Complainant: Pakistan
Respondent: U.S.
Dispute stage: Unknown

UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON
COMBED COTTON YARN FROM PAKISTAN
Communication from the Appellate Body
The following communication, dated 5 September 2001, 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 after the appellant has formally notified the Dispute
Settlement Body 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 Dispute Settlement Body of its decision to appeal certain issues
of law covered in the Panel Report and legal interpretations developed by the Panel in this case on
9 July 2001, with the result that the 60-day period will expire on Friday, 7 September 2001. The
Appellate Body will not be able to circulate its Report by Friday, 7 September 2001. We estimate that
the Appellate Body Report in this appeal will be circulated to WTO Members no later than Monday,
8 October 2001.
UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON COMBED COTTON YARN FROM PAKISTAN
Document: Communication from the Appellate Body
Date: 8 October 2001
Document codes: WT/DS192/6; WT/DS192/AB/R.
Complainant: Pakistan
Respondent: U.S.
Dispute stage: Unknown

UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON
COMBED COTTON YARN FROM PAKISTAN
Communication from the Appellate Body
The following communication, dated 8 Octobe r 2001, from Mr. Claus-Dieter Ehlermann,
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 today, in accordance with paragraph 5 of
Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. The
three Members of the Appellate Body who served on this appeal were: Mr. Georges Michel Abi-Saab,
as Presiding Member; Mr. A.V. Ganesan and myself, as Members.
UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON COMBED COTTON YARN FROM PAKISTAN
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 7 November 2001
Document codes: WT/DS192/7; WT/DS192/AB/R; WT/DS192/R
Complainant: Pakistan
Respondent: U.S.
Dispute stage: Unknown

UNITED STATES – TRANSITIONAL SAFEGUARD MEASURE ON
COMBED COTTON YARN FROM PAKISTAN
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 5 November 2001, the Dispute Settlement Body adopted the Appellate
Body Report on "" () 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 – MESURE DE SAUVEGARDE TRANSITOIRE APPLIQUÉE
AUX FILS DE COTON PEIGNÉS EN PROVENANCE
DU PAKISTAN
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 5 novembre 2001, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis – Mesure de sauvegarde transitoire appliquée aux fils de coton
rapprocher de celui de l'Organe d'appel.
ESTADOS UNIDOS – MEDIDA DE SALVAGUARDIA DE TRANSICIÓN
APLICADA A LOS HILADOS PEINADOS DE ALGODÓN
PROCEDENTES DEL PAKISTÁN
Actuación del Órgano de Solución de Diferencias
transición aplicada a los hilados peinados de algodón procedentes del Pakistán" (),
Apelación.
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Request for Consultations by the European Communities
Date: 26 April 2000
Document codes: WT/DS193/1; G/L/367
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH
Request for Consultations by the European Communities
The following communication, dated 19 April 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of Chile and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
On behalf of the European Communities, I request hereby consultations with the Republic of
Chile pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes and Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994)
regarding the prohibition on unloading of swordfish in Chilean ports established on the basis of
Article 165 of the Chilean Fishery Law (Ley General de Pesca y Acuicultura), as consolidated by the
Supreme Decree 430 of 28 September 1991, and extended by Decree 598 of 15 October 1999.
Community fishing vessels, operating in the South East Pacific are not allowed under Chilean
legislation to unload their swordfish in Chilean ports either to land them for warehousing or to
tranship them onto other vessels. Consequently, Chile makes transit through its ports impossible for
swordfish. This prohibition renders also impossible the importation of the affected catches into Chile.
The Chilean measures, by forcing the Community vessels to land or tranship their catches in
the ports of other countries cause a loss of competitiveness and consequently cause damage to the
Community industry. In addition, they prevent access to certain non-EC markets, as the Chilean ports
are essential bases for exporting swordfish to these markets, thus causing adverse trade effects to EC
exporters.
The European Communities wish to express their concern with the apparent lack of
conformity of the above measures with Chilean obligations under the General Agreement on Tariffs
and Trade 1994. In particular, the measures would appear to be in breach of Articles V and XI of
GATT 1994.
I look forward to receiving your reply to this request from the European Communities and to
setting a mutually convenient date for these consultations.
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Request for the Establishment of a Panel by the European Communities
Date: 7 November 2000
Document codes: WT/DS193/2
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH
Request for the Establishment of a Panel by the European Communities
The following communication, dated 6 November 2000, from the Permanent Delegation of
the European Commission to the Chairman of the Di spute Settlement Body, is circulated pursuant to
Article 6.2 of the DSU.
The European Communities (the "EC") requests the establishment of a panel pursuant to
Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
and Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) regarding the
prohibition on unloading of swordfish in Chilean ports established on the basis of Article 165 of the
Chilean Fishery Law (Ley General de Pesca y Acuicultura), as consolidated by Presidential Supreme
Decree 430 of 28 September 1991 and measures of conservation and management adopted pursuant
thereto, and in force on the date of adoption of Decree 598 of 15 October 1999 and extended by that
Decree to the population of swordfish in areas of the high seas.
On 19 April 2000, the EC requested consultations with Chile with a view to reach a mutually
satisfactory solution of the matter. The request was circulated in document dated
26 April 2000. Such consultations, which were held on 14 June 2000 in Geneva, have allowed a
better understanding of the respective positions, but have not led to a satisfactory resolution of the
matter.
Community fishing vessels operating in the South East Pacific are not allowed under Chilean
legislation to unload their swordfish in Chilean ports either to land them for warehousing or to
tranship them onto other vessels. Consequently, Chile makes transit through its ports impossible for
swordfish. This prohibition also renders impossible the importation of the affected catches into Chile.
The EC considers that the above mentioned prohibition is inconsistent with Articles V:1-3
and XI:1 of the GATT 1994 and, as a result, nullifies benefits accruing to the EC under that
agreement.
The EC requests that the panel be established with the standard terms of reference as provided
for in Article 7 of the DSU.
The EC asks that this request be placed on the agenda for the next meeting of the Dispute
Settlement Body.
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Arrangement between the European Communities and Chile Communication from Chile Addendum
Date: 9 April 2001
Document codes: WT/DS193/3/Add.1
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH
Arrangement between the European Communities and Chile
Communication from Chile
Addendum
The following communication, dated 28 March 2001, from the Permanent Mission of Chile to
the Director-General, the Chairman of the Dispute Settlement Body and the Permanent Delegation of
the European Commission, is circulated at the request of that delegation.
I would like to confirm herewith the provisional arrangement reached with the European
Communities in the dispute , of
which you were informed by the Permanent Delegation of the European Communities in note 701128.
As a copy thereof has already been sent to you by the said Permanent Delegation, we have not
attached it to this note. Under this arrangement, Chile and the European Communities have agreed to
suspend the process for the constitution of the panel.
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Arrangement between the European Communities and Chile Communication from Chile and the European Communities Addendum
Date: 17 November 2003
Document codes: WT/DS193/3/Add.2
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH
Arrangement between the European Communities and Chile
Communication from Chile and the European Communities
Addendum
The following communication, dated 12 November 2003, from the Delegation of Chile and
the Delegation of the European Commission to the Chairman of the Dispute Settlement Body, is
circulated at the request of those delegations.
The EC and Chile hereby inform you that they have proceeded to a joint evaluation of the
Arrangement of 25 January 2001 concerning the dispute of the reference, and that they have
concurred that the implementation of the Arrangement has being developing in a positive manner.
They reiterated their commitment to further devel op all the elements of the Arrangement in order to
promote an amicable solution to these disputes.
Accordingly, the EC and Chile maintain the su spension of the process for the constitution of
the Panel.
In line with the Arrangement between the Partie s, the EC maintains the right to revive the
proceedings at any time.
(signed) (signed)
Alejandro Jara Carlo Trojan
Ambassador Ambassador
Permanent Representative of Chile Permanent Representative of the European
to the WTO Communities to the WTO
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Arrangement between the European Communities and Chile Communication from the European Communities Addendum
Date: 22 December 2005
Document codes: WT/DS193/3/Add.3
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH

Arrangement between the European Communities and Chile

Communication from the European Communities

Addendum

 The following communication, dated 21 December 2005, from the delegation of the European
Communities to the Chairman of th e Dispute Settlement Body, is circ ulated at the request of that
delegation.

The EC hereby informs you that the EC and Chile have proceeded to a joint evaluation of the
Arrangement of 25 January 2001 concerning the di spute regarding "Measures Affecting the Transit
and Importation of Swordfish" (WT/DS193), and that they have concurred that the implementation of
the Arrangement has been developing in a positiv e manner. They reiterated their commitment to
further develop all the elements of the Arrangement in order to promote an amicable solution to these
disputes.

Accordingly, the EC and Chile maintain the susp ension of the process for the constitution of
the Panel.

In line with the Arrangement between the Partie s, the EC maintains the right to revive the
proceedings at any time.
CHILE – MEASURES AFFECTING THE TRANSIT AND IMPORTATION OF SWORDFISH
Document: Arrangement between the European Communities and Chile Communication from the European Communities Addendum
Date: 17 December 2007
Document codes: WT/DS193/3/Add.4
Complainant: EU
Respondent: Chile
Dispute stage: Panel
Agreements cited: Art. V:1, V:2, V:3, XI:1  GATT 1994

CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH

Arrangement between the European Communities and Chile

Communication from the European Communities

Addendum

 The following communication, dated 13 December 2007, from the delegation of the
European Communities to the Chairman of the Disput e Settlement Body, is circulated at the request
of that delegation.

 The European Communities hereby informs y ou that the European Communities and Chile
have proceeded to a joint evaluation of the Arra ngement of 25 January 200 1 concerning the dispute
regarding "Measures Affecting the Transit and Impor tation of Swordfish" (WT/DS193), and that they
have concurred that the implementation of the Arrangement has been developing in a positive manner.

 They reiterated their commitment to further de velop all the elements of the Arrangement in
order to promote an amicable solution to these di sputes. Chile and the European Communities are
engaged in intensive negotiations aimed at reaching an overall settlement of this dispute.

 Accordingly, the European Communities and Ch ile maintain the suspension of the process for
the constitution of the Panel.

 In line with the Arrangement between the Pa rties, the European Communities maintains the
right to revive the proceedings at any time.
UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS AS SUBSIDIES
Document: Request for Consultations by Canada
Date: 24 May 2000
Document codes: WT/DS194/1; G/L/379; G/SCM/D34/1
Complainant: Canada
Respondent: U.S.
Third parties: Australia, EU, India
Dispute stage: Panel
Agreements cited: Art. 1.1, 10, 11, 17, 19, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS
AS SUBSIDIES
Request for Consultations by Canada
The following communication, dated 19 May 2000, from the Permanent Mission of Canada to
the Permanent Mission of the United States and to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
My authorities have asked me to request consultations with the Government of the
United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994 and
Article 30 of the Agreement on Subsidies and Countervailing Measures (the SCM Agreement)
concerning US measures that treat a restraint on exports of a product as a subsidy to other products
made using or incorporating the restricted product if the domestic price of the restricted product is
affected by the restraint.
The measures on which Canada requests consultations include those provisions of the
Statement of Administrative Action (SAA) acc ompanying the Uruguay Round Agreements Act
(URAA) (H.R. 5110, H.R. Doc. 316, Vol. 1, 103d Cong., 2d Sess., 656, in particular at 925-926
(1994)) and the Explanation of the Final Rules (t he Explanation), US Department of Commerce,
Countervailing Duties, Final Rule (63 Federal Register 65,348 at 65,349-51 (25 November 1998))
interpreting section 771(5) of the Tariff Act of 1930 (19 U.S.C. § 1677(5)), as amended by the
URAA.
Canada considers that these measures are inconsistent with US obligations under Article 1.1,
10, (as well as Articles 11, 17 and 19, as they relate to the requirements of Article 10), and 32.1 of the
SCM Agreement because these measures provide that the United States will impose countervailing
duties against practices that are not subsidies within the meaning of Article 1.1 of the SCM
Agreement.
Canada also considers that the United States has failed to ensure that its laws, regulations and
administrative procedures are in conformity with its WTO obligations as required by Article 32.5 of
the SCM Agreement and Article XVI:4 of the WTO Agreement.
We look forward to receiving your reply to this request and to selecting a mutually acceptable
date for holding consultations within 30 days from the date of receipt of this request. Canada
welcomes any suggestions the United States may wish to make concerning dates on which the
consultations could take place.
UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS AS SUBSIDIES
Document: Constitution of the Panel Established at the Request of Canada Note by the Secretariat
Date: 27 October 2000
Document codes: WT/DS194/3; WT/DS194/2; WT/DS194/2
Complainant: Canada
Respondent: U.S.
Third parties: Australia, EU, India
Dispute stage: Panel
Agreements cited: Art. 1.1, 10, 11, 17, 19, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS
AS SUBSIDIES
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 11 September 2000, the Dispute Settlement Body (DSB) established a Panel
pursuant to the request made by Canada in document (WT/DSB/M/88, para. 12).
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 Canada in document , the matter referred to the DSB by Canada 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 23 October 2000, the parties agreed to the following composition of the Panel:
Chairman: Mr. Michael Cartland
Members: Mr. Scott Gallacher
Mr. Richard Plender
4. Australia, the European Communities and India have reserved their rights to participate in the
panel proceedings as third parties.
UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS AS SUBSIDIES
Document: Panel Report Action by the Dispute Settlement Body
Date: 28 August 2001
Document codes: WT/DS194/4; WT/DS194/R; WT/DS194/R
Complainant: Canada
Respondent: U.S.
Third parties: Australia, EU, India
Dispute stage: Panel
Agreements cited: Art. 1.1, 10, 11, 17, 19, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES TREATING EXPORT RESTRAINTS
AS SUBSIDIES
Panel Report
Action by the Dispute Settlement Body
At its meeting on 23 August 2001, the Dispute Settlement Body adopted the Panel Report on
"" ().
ÉTATS-UNIS – MESURES TRAITANT LES RESTRICTIONS À L'EXPORTATION
COMME DES SUBVENTIONS
Rapport du Groupe spécial
Groupe spécial intitulé "États-Unis – Mesures traitant les restrictions à l'exportation comme des
subventions" ().
LIMITACIONES DE LAS EXPORTACIONES
Informe del Grupo Especial
Actuación del Órgano de Solución de Diferencias
En su reunión de 23 de agosto de 2001, el Órgano de Solución de Diferencias adoptó el
UNITED STATES - MEASURES TREATING EXPORTS RESTRAINTS AS SUBSIDIES
Document: Report of the Panel Corrigendum
Date: 2 August 2001
Document codes: WT/DS194/R/Corr.21
Complainant: Canada
Respondent: U.S.
Third parties: Australia, EU, India
Dispute stage: Panel
Agreements cited: Art. 1.1, 10, 11, 17, 19, 32.1, 32.5  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - MEASURES TREATING
EXPORTS RESTRAINTS AS SUBSIDIES
Report of the Panel
Corrigendum
The following corrections should be made to document WT/DS/194/R:

Footnote 163 - Please delete "(emphasis added)" at end of line.

Footnote 205 should read as follows: "Response of Canada to question 14 from the Panel
following the second meeting". Delete "Id.".

Para. 8.126 third line after "as a reasoned explanation" add "is provided".
Footnote 208 should read as follows: "Response of Canada to question 15 from the panel
following the second meeting". Delete "Id.".
ARGENTINA – CERTAIN MEASURES ON THE PROTECTION OF PATENTS AND TEST DATA
Document: Request to Join Consultations Communication from the European Communities
Date: 20 June 2000
Document codes: WT/DS196/2; WT/DS196/1; IP/D/22
Complainant: U.S.
Respondent: Argentina
Dispute stage: Consultation
Agreements cited: Art. 27, 28, 31, 34, 39, 50, 62, 65, 70  Intellectual Property (TRIPS)

ARGENTINA – CERTAIN MEASURES ON THE PROTECTION OF PATENTS
AND TEST DATA
Request to Join Consultations
Communication from the European Communities
The following communication, dated 16 June 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of Argentina, the Permanent Mission 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 refer to the request for consultations by th e United States with respect to "" (, ) which has been
circulated on 6 June 2000.
Due to their substantial trade interest, the European Communities and its member States
request, pursuant to Article 4.11 of the DSU, to be joined in the consultations.
We would be grateful of being informed of the date and venue of the consultations.
ARGENTINA – CERTAIN MEASURES ON THE PROTECTION OF PATENTS AND TEST DATA
Document: Request to Join Consultations Communication from Switzerland
Date: 21 June 2000
Document codes: WT/DS196/3
Complainant: U.S.
Respondent: Argentina
Dispute stage: Consultation
Agreements cited: Art. 27, 28, 31, 34, 39, 50, 62, 65, 70  Intellectual Property (TRIPS)

ARGENTINA – CERTAIN MEASURES ON THE PROTECTION OF PATENTS
AND TEST DATA
Request to Join Consultations
Communication from Switzerland
The following communication, dated 15 June 2000, from the Permanent Mission of
Switzerland to the Permanent Mission of Argentina, the Permanent Mission 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), Switzerland hereby notifies the Government of
Argentina that it considers having a substantial trade interest in the consultations requested by the
United States in document "" circulated on 6 June 2000, and that it desires to be joined in these consultations.
BRAZIL – MEASURES ON MINIMUM IMPORT PRICES
Document: Request for Consultations by the United States
Date: 7 June 2000
Document codes: WT/DS197/1; G/L/383; G/VAL/D/3; G/LIC/D/31; G/AG/GEN/41
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. II, XI  GATT 1994Art. 1, 3  Import LicensingArt. 2, 7  Textiles and ClothingArt. 1, 2, 3, 4, 5, 6, 7, 12, Annex 1  Customs valuation

BRAZIL – MEASURES ON MINIMUM IMPORT PRICES
Request for Consultations by the United States
The following communication, dated 30 May 2000, from the Permanent Mission of the
United States to the Permanent Mission of Brazil and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of Brazil
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994),
Article 19 of the Agreement on Implementation of Article VII of the GATT 1994 (Agreement on
Customs Valuation), Article 6 of the Agreement on Import Licensing Procedures, Article 19 of the
Agreement on Agriculture, and Article 8.4 of the Agreement on Textiles and Clothing with respect to
Brazil's use of minimum import prices for customs valuation purposes.
On 13 February 1998, Brazil established under Decree No. 2.498/98 and other related statutes
and regulations a system to verify the declared values of imported goods. In practice, however, Brazil
utilizes this verification system – in conjunction with non-automatic import licensing procedures – to
prohibit or restrict the import of products with declared values below the arbitrarily determined
minimum prices. This situation appears inconsis tent with Articles 1 through 7, and 12 of the
Agreement on Customs Valuation; general notes 1, 2 and 4 of Annex 1 of the Agreement on Customs
Valuation; Articles II and XI of the GATT 1994; Articles 1 and 3 of the Agreement on Import
Licensing Procedures; Articles 2 and 7 of the Agreement on Textiles and Clothing; and Article 4.2 of
the Agreement on Agriculture.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
BRAZIL – MEASURES ON MINIMUM IMPORT PRICES
Document: Request to Join Consultations Communication from the European Communities
Date: 19 June 2000
Document codes: WT/DS197/2; WT/DS197/1; G/L/383; G/VAL/D/3
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. II, XI  GATT 1994Art. 1, 3  Import LicensingArt. 2, 7  Textiles and ClothingArt. 1, 2, 3, 4, 5, 6, 7, 12, Annex 1  Customs valuation

BRAZIL – MEASURES ON MINIMUM IMPORT PRICES
Request to Join Consultations
Communication from the European Communities
The following communication, dated 15 June 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of Brazil, the Permanent Mission 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 refer to the request for consultations by the United States with respect to "" (, , , G/LI C/D/31, G/AG/ GEN/41)
which has been circulated on 7 June 2000.
Due to their substantial trade interest, th e European Communities request, pursuant to
Article 4.11 of the DSU, to be joined in the consultations.
I look forward to receiving your reply and to being informed of the date and venue of the
consultations.
ROMANIA – MEASURES ON MINIMUM IMPORT PRICES
Document: Request for Consultations by the United States
Date: 8 June 2000
Document codes: WT/DS198/1; G/L/384; G/VAL/D/4; G/AG/GEN/42
Complainant: U.S.
Respondent: Romania
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. II, X, XI  GATT 1994Art. 2, 7  Textiles and ClothingArt. 1, 2, 3, 4, 5, 6, 7, 12, Annex 1  Customs valuation

ROMANIA – MEASURES ON MINIMUM IMPORT PRICES
Request for Consultations by the United States
The following communication, dated 30 May 2000, from the Permanent Mission of the
United States to the Permanent Mission of Romania and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of Romania
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994),
Article 19 of the Agreement on Implementation of Article VII of the GATT 1994 (Agreement on
Customs Valuation), Article 19 of the Agreement on Agriculture, and Article 8.4 of the Agreement on
Textiles and Clothing with respect to Romania's use of minimum import prices for customs valuation
purposes.
Pursuant to its Customs Code of 1997 (L141/1997), the Ministry of Finance General Customs
Directive (Ordinance No. 5, 4 August 1998), and other related statutes and regulations, Romania has
arbitrarily established minimum and maximum import prices for such products as meat, eggs, fruits
and vegetables, clothing, footwear and certain distilled spirits. Additionally, Romania has instituted
burdensome procedures for investigating import prices when the c.i.f. value falls below the minimum
import price. This situation appears inconsistent with Articles 1 through 7, and 12 of the Agreement
on Customs Valuation; general notes 1, 2 and 4 of Annex 1 of the Agreement on Customs Valuation;
Articles II, X and XI of the GATT 1994; Article 4.2 of the Agreement on Agriculture; and Articles 2
and 7 of the Agreement on Textiles and Clothing.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
BRAZIL – MEASURES AFFECTING PATENT PROTECTION
Document: Request for Consultations by the United States
Date: 8 June 2000
Document codes: WT/DS199/1; G/L/385; IP/D/23
Complainant: U.S.
Respondent: Brazil
Third parties: Dominican, Honduras, India, Japan
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 27.1, 28.1  Intellectual Property (TRIPS)

BRAZIL – MEASURES AFFECTING PATENT PROTECTION
Request for Consultations by the United States
The following communication, dated 30 May 2000, from the Permanent Mission of the
United States to the Permanent Mission of Brazil and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of Brazil
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and
Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement) (to the extent that it incorporates by reference Article XXII of GATT 1994), concerning
those provisions of Brazil's 1996 industrial propert y law (Law No. 9,279 of 14 May 1996; effective
May 1997) and other related measures, which establish a "local working" requirement for the
enjoyability of exclusive patent rights that can only be satisfied by the local production – and not the
importation – of the patented subject matter.
Specifically, Brazil's "local working" requirement stipulates that a patent shall be subject to
compulsory licensing if the subject matter of the patent is not "worked" in the territory of Brazil.
Brazil then explicitly defines "failure to be wo rked" as "failure to manufacture or incomplete
manufacture of the product", or "failure to make full use of the patented process". The United States
considers that such a requirement is inconsistent with Brazil's obligations under Articles 27 and 28 of
the TRIPS Agreement, and Article III of the GATT 1994.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for these consultations.
BRAZIL – MEASURES AFFECTING PATENT PROTECTION
Document: Request to Join Consultations Communication from the European Communities
Date: 20 June 2000
Document codes: WT/DS199/2; WT/DS199/1; IP/D/23
Complainant: U.S.
Respondent: Brazil
Third parties: Dominican, Honduras, India, Japan
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 27.1, 28.1  Intellectual Property (TRIPS)

BRAZIL – MEASURES AFFECTING PATENT PROTECTION
Request to Join Consultations
Communication from the European Communities
The following communication, dated 16 June 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of Brazil, the Permanent Mission 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 refer to the request for consultations by the United States with respect to "" (, G/L/ 385, ) which has been circulated on
8 June 2000.
Due to their substantial trade interest, the European Communities and its member States
request, pursuant to Article 4.11 of the DSU, to be joined in the consultations.
We would be grateful of being informed of the date and venue of the consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Ecuador
Date: 19 June 2000
Document codes: WT/DS200/2; WT/DS200/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Ecuador
The following communication, dated 14 June 2000, from the Permanent Mission of Ecuador
to the Permanent Mission of the United States, the Permanent Delegation of the European
Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
I refer to the communication from the Permanent Delegation of the European Communities,
dated 5 June 2000, in document , requesting consultations with the United States with
regard to Section 306 of the Trade Act of 1974, as last amended by Section 407 of the Trade and
Development Act of 2000 (Public Law 106-200).
Ecuador requests to be joined in these consultations in accordance with its rights under
Article XXII of GATT 1994 and Article 4.11 of the DSU.
I should be much obliged if you would kindly inform me of the date of these consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Jamaica
Date: 22 June 2000
Document codes: WT/DS200/3; WT/DS200/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Jamaica
The following communication, dated 16 June 2000, from the Permanent Mission of Jamaica
to the Permanent Mission of the United States, the Permanent Delegation of the European
Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
Reference is made to document of 13 June 2000 and the request contained
therein by the European Communities for consultations with the United States with regard to
Section 306 of the USA Trade Act of 1974 and Amendments Thereto. Jamaica considers that it has a
substantial interest in the matter raised and therefore pursuant to Article 4.11 of the Dispute
Settlement Understanding (DSU), hereby gives notice of its desire to join in the said consultations
between the European Communities and the United States.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Japan
Date: 23 June 2000
Document codes: WT/DS200/4
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Japan
The following communication, dated 19 June 2000, from the Permanent Mission of Japan to
the Permanent Mission of the United States, the Permanent Delegation of the European Commission
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 Ja pan hereby notifies its desire to be joined in the
consultations requested by the European Communities under Article 4 of the DSU and Article XXII:1
of the General Agreement on Tariffs and Trade 1994 (GATT 1994), with regard to Section 306 of the
Trade Act of 1974, as last amended by Section 407 of the Trade and Development Act of 2000
(Public Law 106-200). The communication from the Permanent Delegation of the European
Commission dated 5 June 2000 to the Permanent Mission of the United States and to the Chairman of
the Dispute Settlement Body was circulated to WTO Members on 13 June 2000 (,
) entitled "".
As one of the major beneficiaries of the multilateral trading system under the WTO, Japan has
a substantial trade interest in the consultations, si nce the US measure in question poses a threat to the
multilateral nature of the dispute settlement under the WTO, as it mandates a suspension of, or
threatens to suspend, concessions or other obligations other than those for which authorization has
been granted by the DSB.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from the Dominican Republic
Date: 26 June 2000
Document codes: WT/DS200/5; WT/DS200/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from the Dominican Republic
The following communication, dated 21 June 2000, from the Permanent Mission of the
Dominican Republic to the Permanent Mission of the United States, the Permanent Delegation of the
European Commission and to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 4.11 of the DSU.
We have noted the communication, dated 5 June 2000, from the Permanent Delegation of the
European Communities, contained in document , dated 13 June 2000, requesting
consultations with the United States with regard to Section 306 of the Trade Act of 1974, as last
amended by Section 407 of the Trade and Development Act of 2000 (Public Law 106-200).
With reference to this communication, the Government of the Dominican Republic, in
accordance with its rights under Article XXII of GATT 1994 and Article 4.11 of the DSU, requests to
be joined in the consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Honduras
Date: 26 June 2000
Document codes: WT/DS200/6
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Honduras
The following communication, dated 21 June 2000, from the Permanent Mission of Honduras
to the Permanent Mission of the United States, the Permanent Delegation of the European
Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
My authorities have instructed me to request, pursuant to Article 4.11 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXII of the
GATT 1994, that Honduras be joined as a third party in the consultations requested by the
European Communities with the United States in document , dated 13 June 2000.
The substantial trade interest that Honduras has in this issue derives from the fact that before
the European Communities' regime for the importation of bananas came into force, bananas were our
main export product. From the moment it came in to force the European Communities' regime for the
importation of bananas has been damaging for Honduras and has devastated its economy, with clear
social repercussions.
On the legal front, Honduras has been a party to the proceedings brought before the WTO,
which is the real object underlying the present consultations. Since we obtained a favourable ruling, it
has been frustrating to see how the European Union has repeatedly evaded compliance. The
consultations which the EC has requested with the United States will require the widest possible
margin of action, should the decision be taken to apply its own retaliatory measures. That is also why
Honduras requests to participate as a third party.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Guatemala
Date: 26 June 2000
Document codes: WT/DS200/7
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Guatemala
The following communication, dated 22 June 2000, from the Permanent Mission of
Guatemala to the Permanent Mission of the United States, the Permanent Delegation of the European
Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
My authorities have instructed me to request, pursuant to Article 4.11 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU), that Guatemala be joined in
the consultations requested by the European Communities (EC) with the United States under Article 4
of the DSU and Article XXII of GATT 1994 in document , circulated on 13 June 2000.
The consultations requested by the EC concern the European Communities – Regime for the
Importation, Sale and Distribution of Bananas complaint, in which Guatemala is an original
complaining party. Furthermore, my country took pa rt in the two disputes concerning the same issue
under GATT, and has yet to obtain a satisfactory result to date. The consultations requested by the
EC seek wrongfully to restrict the right to apply the legal recourses available to the complaining party
under WTO rules. For systemic reasons that are valid for any dispute taking place within the WTO,
my country supports all attempts to strengthen th e rights of the complaining party in the face of
refusal or delay to comply with rulings, because otherwise the dispute settlement system is weakened
and its effectiveness as a means of resolving trade disputes undermined.
The substantial trade interest that Guatemala has in this issue derives, as is well known, from
the fact that bananas are its third most important export product, generating tremendous social and
economic benefits for the country. In view of this, and in its capacity as co-complainant in the banana
case, the rights of which could be affected by the results of these consultations, if a decision were
eventually to be taken to apply similar measures under Article 22 of the DSU, Guatemala requests to
participate in them as a third party.
I should be obliged if you would kindly inform us of the date of the consultations.