dean22029/WTO_Docs huggingface dataset:
ARGENTINA – MEASURES AFFECTING IMPORTS OF FOOTWEAR
Document: Request for the Establishment of a Panel by the United States
Date: 20 May 1999
Document codes: WT/DS164/3
Complainant: U.S.
Respondent: Argentina
Third parties: Indonesia
Dispute stage: Panel
Agreements cited: Art. 7.4, 12  Safeguards

20 May1999

ARGENTINA – MEASURES AFFECTING IMPORTS OF FOOTWEAR
Request for the Establishment of a Panel by the United States
The following communication, dated 20 May 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of
the DSU.
The United States requests the establishment of a panel pursuant to Articles 4 and 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 14 of the
Agreement on Safeguards, and Article XXIII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), with regard to Argentina's safeguard measure, as modified, on imports of footwear.
In November 1998, Argentina adopted Resolution 1506, followed by the issuance of
Decision 837/98 dated 4 December 1998, both of wh ich modified the original safeguard measure in
Resolution 987/97 and imposed a tariff-rate quota (TRQ) on footwear imports in addition to the
safeguard duties previously imposed. Moreover, Resolution 1506 postpones any liberalization of the
original safeguard duty until 25 February 2000, and liberalizes the TRQ only once during the life of
the measure. Argentina has not notified its footwear safeguard, as modified, to the Committee on
Safeguards.
On 1 March 1999, the United States requested consultations with Argentina with a view to
reaching a mutually satisfactory solution of the matter. The request was circulated in document
 dated 4 March 1999. Consultations were held on 24 March 1999 in Geneva, but did not
lead to a satisfactory resolution of the matter.
Based upon information received to date, the United States considers that Resolution 1506
and Decision 837/98 may be inconsistent with the obligations of Argentina under the Agreement on
Safeguards, in particular:
(a) Article 7.4, which mandates that safeguard measures over one year in duration be
progressively liberalized at regular intervals; and
(b) Article 12, which directs Members to notify the Committee on Safeguards of all
safeguard actions and to provide adequate opportunity for prior consultations with
Members having substantial export interest in the product concerned.
The United States requests that the panel be established with the standard terms of reference.
The United States asks that this request be placed on the agenda for the 3 June 1999 meeting of the
Dispute Settlement Body.
ARGENTINA – MEASURES AFFECTING IMPORTS OF FOOTWEAR
Document: Request for the Establishment of a Panel by the United States
Date: 15 July 1999
Document codes: WT/DS164/4
Complainant: U.S.
Respondent: Argentina
Third parties: Indonesia
Dispute stage: Panel
Agreements cited: Art. 7.4, 12  Safeguards

ARGENTINA – MEASURES AFFECTING IMPORTS OF FOOTWEAR
Request for the Establishment of a Panel by the United States
The following communication, dated 20 May 1999, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of
the DSU.
The United States requests the establishment of a panel pursuant to Articles 4 and 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 14 of the
Agreement on Safeguards, and Article XXIII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), with regard to Argentina's safeguard measure, as modified, on imports of footwear.
In November 1998, Argentina adopted Resolution 1506, followed by the issuance of
Decision 837/98 dated 4 December 1998, both of wh ich modified the original safeguard measure in
Resolution 987/97 and imposed a tariff-rate quota (TRQ) on footwear imports in addition to the
safeguard duties previously imposed. Moreover, Resolution 1506 postpones any liberalization of the
original safeguard duty until 25 February 2000, and liberalizes the TRQ only once during the life of
the measure. Argentina has not notified its footwear safeguard, as modified, to the Committee on
Safeguards.
On 1 March 1999, the United States requested consultations with Argentina with a view to
reaching a mutually satisfactory solution of the matter. The request was circulated in document
 dated 4 March 1999. Consultations were held on 24 March 1999 in Geneva, but did not
lead to a satisfactory resolution of the matter.
Based upon information received to date, the United States considers that Resolution 1506
and Decision 837/98 may be inconsistent with the obligations of Argentina under the Agreement on
Safeguards, in particular:
(a) Article 7.4, which mandates that safeguard measures over one year in duration be
progressively liberalized at regular intervals; and
(b) Article 12, which directs Members to immediately notify the Committee on
Safeguards of all safeguard actions and to provide adequate opportunity for prior
consultations with Members having substantial export interest in the product
concerned.
The United States requests that the panel be established with the standard terms of reference.
The United States asks that this request be placed on the agenda for the 26 July 1999 meeting of the
Dispute Settlement Body.
UNITED STATES - IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from the Dominican Republic
Date: 15 March 1999
Document codes: WT/DS165/2; WT/DS165/1
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES - IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from the Dominican Republic
The following communication, dated 11 March 1999, from the Dominican Republic to 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.
The Government of the Dominican Republic has taken note of the request by the European
Communities (document of 5 March 1999) for consultations with regard to the decision
by the Government of the United States to impose measures on certain products imported into the
United States from the European Communities.
Pursuant to Article 11.4 of the Dispute Settlement Understanding and to Article XXII of the
GATT 1994, and in view of the Dominican Republic's tr ade interest in this matter deriving from its
relation to the European regime for the sale of bananas, I hereby inform you that the Government of
the Dominican Republic would like to be joined in the consultations requested by the European
Communities.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Japan
Date: 17 March 1999
Document codes: WT/DS165/3
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Japan
The following communication, dated 12 March 1999, from the Permanent Mission of Japan,
to 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, the Government of Japan hereby notifies the Government of
the United States that, in light of the substantial trade interest of Japan, it desires to be joined in the
above consultations requested by the European Communities in a communication circulated to WTO
Members on 5 March 1999 ().
In 1995, the United States took similar measures on automobiles from Japan, thus creating an
immediate negative impact on the Japanese industry. Since the United States is a major trading
partner of Japan, the measures taken by the US against the EC will again affect the substantial trade
interest of Japan.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Honduras
Date: 17 March 1999
Document codes: WT/DS165/4; WT/DS165/1
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Honduras
The following communication, dated 15 March 1999, 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.
I refer to the request for consultations addressed by the Permanent Delegation of the
European Communities to the United States under Article XXII:1 of GATT 1994 and Article 4 of the
DSU in document , circulated to all Members of the on
5 March 1999.
Pursuant to Article XXII of GATT 1994 and Article 4, paragraph 11, of the DSU, the
Government of Honduras requests to be joined in the above-mentioned consultations, owing to its
substantial trade interest in the matter.
As you are aware, Honduras is a complainant in the dispute European Communities – Regime
for the Import, Sale and Dist ribution of Bananas (WT/DS/27), and therefore, in order to safeguard its
interests, wishes to participate in this consultatio n procedure that concerns the implementation of the
conclusions and recommendations of the Panel and Appellate Body reports.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Guatemala
Date: 18 March 1999
Document codes: WT/DS165/5; WT/DS165/1
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Guatemala
The following communication, dated 15 March 1999, 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.
I have the honour to refer to the request for consultations addressed by the Permanent
Delegation of the European Communities to the United States under Article XXII:1 of
the GATT 1994 and Article 4 of the DSU in document , circulated to all Members of the
 on 5 March 1999.
This request for consultations concerns the implementation of the conclusions and
recommendations of the Panel and Appellate Body reports in European Communities – Regime for
the Import, Sale and Distribut ion of Bananas (WT/DS/27). As a complainant in that trade dispute,
Guatemala has a substantial trade interest in the ma tter. Accordingly, the Government of Guatemala
requests to be joined in the above-mentioned consultations pursuant to Article XXII of
the GATT 1994 and Article 4, paragraph 11, of the DSU.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication  from Ecuador
Date: 18 March 1999
Document codes: WT/DS165/6
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Ecuador
The following communication, dated 15 March 1999, 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 submitted by the Permanent Representative of the
European Communities on 4 March 1999 requesting consultations with the United States on the
measure adopted by the United States Government on 3 March 1999 requiring importers of a
specified list of products of European origin to lodge a prior deposit in the form of a bond equivalent
to 100 per cent of the value of the goods.
Ecuador wishes to be joined in these consultations pursuant to the rights accruing to it under
Article XXII of GATT 1994 and Article 4.11 of the DSU.
I should be grateful if you would let me know the date on which these consultations are to be
held.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Panama
Date: 19 March 1999
Document codes: WT/DS165/7
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Panama
The following communication, dated 15 March 1999, from the Permanent Mission of Panama
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 submitted by th e Permanent Representative of the European
Commission to the , Ambassador Roderick Abbott, dated 4 March 1999,
requesting consultations with the United States on the decision adopted by the United States
Government on 3 March 1999 concerning imports from the European Communities.
Ecuador requests to be joined in these consultations pursuant to its rights under Article XXII
of GATT 1994 and Article 4.11 of the DSU.
I should be grateful if you would let me know the date on which the consultations are to be
held.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Panama Corrigendum In the second paragraph, first line, of the communication, the word "Ecuador" should read "Panama".
Date: 25 March 1999
Document codes: WT/DS165/7/Corr.11
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Panama
Corrigendum
In the second paragraph, first line, of the communication, the word "Ecuador" should read
"Panama".
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat
Date: 18 October 1999
Document codes: WT/DS165/9; WT/DS165/8; WT/DS165/8
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Constitution of the Panel Established at the Request of
the European Communities
Note by the Secretariat
1. At its meeting on 16 June 1999, the DSB established a panel pursuant to a request by the
European Communities ().
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference. The terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document , the matter referred to the
DSB by the European Communities 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 29 September 1999, the European Communities requested the Director-General, pursuant
to Article 8.7 of the DSU, to determine the composition of the Panel. Article 8.7 of the DSU
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 composition of the panel by appointing the
panelists whom the Director-General considers 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 the dispute, after consulting with the parties
to the dispute. The Chairman of the 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 8 October 1999, the Director-General has accordingly determined the composition of the
Panel as follows:
Chairman: Mr. Hugh McPhail
Members: Mrs. Leora Blumberg
Mr. Peter Palečka
5. Ecuador, India, Jamaica and Japan have reserved their third-party rights in the dispute.
UNITED  STATES - IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat Corrigendum Paragraph 5 in document WT/DS165/9, dated 18 October 1999, should be amended to add St. Lucia and Dominica to the list of countries that reserved their third-party rights.
Date: 5 November 1999
Document codes: WT/DS165/9/Corr.1; WT/DS165/9
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES - IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE
EUROPEAN COMMUNITIES
Constitution of the Panel Established at the Request of
the European Communities
Note by the Secretariat
Corrigendum
Paragraph 5 in document , dated 18 October 1999, should be amended to add
St. Lucia and Dominica to the list of countries that reserved their third-party rights.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Notification of an Appeal by the European Communities under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 12 September 2000
Document codes: WT/DS165/10
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Notification of an Appeal by the European Communities under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 12 September 2000, sent by the European Communities 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 paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) and Rule 20 of the Working Procedures on Appellate
Review, the European Communities hereby notify their decision to appeal to the Appellate Body
certain issues of law covered in the panel report on United States - Import Measures on Certain
Products from the European Communities ().
The European Communities request that the Appellate Body review a number of errors of law
and certain legal interpretations developed by the Panel in its report. The errors of law and the legal
interpretations to be reviewed include the following findings and conclusions of the Panel:
1. where it considered that the WTO-compatibility assessment of a measure taken by a Member
to comply with earlier recommendations and rulings of the DSB can be made through an
Article 22.6-22.7 DSU arbitration, when determin ing the "equivalent level of suspension of
concessions", instead of having recourse to an Article 21.5 DSU panel procedure;
2. where it considered, as a matter of general rule that once a Member imposes DSB-authorised
suspension of concessions or other obligations, that Member's measure is ipso facto WTO-
compatible because it has received authorisation by reversed consensus in the DSB;
3. where it found that it was not within its mandate to assess the WTO compatibility of what it
incorrectly considered "the legally distinct 19 April US action" or "measure", which imposed
DSB authorised suspension of concessions or other obligations against the EC listed imports.
The above errors in law and legal interpretations affect, inter alia, the following portions of
the Panel report that the EC requests the Appellate Body to revise and reverse: chapter V,
paragraphs 5.21 and 5.22, chapter VI.C, paragraphs 6.4, 6.9 to 6.11, chapter VI.D.3, paragraphs 6.89,
6.99, 6.110 to 6.124, 6.126, 6.128 and chapter VII, paragraph 7.1 (insofar as the Panel considered that
"the 3 March Measure is no longer in existence").
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Communication from the Appellate Body
Date: 9 November 2000
Document codes: WT/DS165/11
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Communication from the Appellate Body
The following communication, dated 9 November 2000, 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 appe al. 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 European Communities 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 12 September 2000 with the result that the 60-day period will expire on Monday,
13 November 2000. Due to the time required for completion and translation of the Report, the
Appellate Body will not be able to circulate its Report by Monday, 13 November 2000. We estimate
that the Appellate Body Report in this appeal will be circulated to WTO Members no later than
Monday, 11 December 2000.
UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Communication from the Appellate Body
Date: 11 December 2000
Document codes: WT/DS165/12; WT/DS165/AB/R.
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES – IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Communication from the Appellate Body
The following communication, dated 11 December 2000, from Mr. Florentino Feliciano,
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 later today, 11 December 2000, 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 Appella te Body who served on this appeal
were: Mr. James Bacchus as Presiding Member; Mr. Julio Lacarte-Muró and Mr. Yasuhei Taniguchi,
as Members.
UNITED STATES - IMPORT MEASURES ON CERTAIN PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 19 January 2001
Document codes: WT/DS165/13; WT/DS165/AB/R; WT/DS165/R; WT/DS165/R/Add.1
Complainant: EU
Respondent: U.S.
Third parties: Dominica, Ecuador, India, Jamaica, Japan, Saint Lucia
Dispute stage: Appellate Body
Agreements cited: Art. 3, 21, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, VIII, XI  GATT 1994

UNITED STATES - IMPORT MEASURES ON CERTAIN PRODUCTS
FROM THE EUROPEAN COMMUNITIES
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 10 January 2001, the Dispute Settlement Body adopted the Appellate Body
report on ""
(), and the panel report ( and ), as modified by the
Appellate Body report. The panel report should be read in conjunction with the Appellate Body
report.
ÉTATS-UNIS - MESURES À L'IMPORTATION DE CERTAINS PRODUITS
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 10 janvier 2001, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis - Mesures à l'importation de certains produits en provenance des
rapprocher de celui de l'Organe d'appel.
ESTADOS UNIDOS - MEDIDAS APLICADAS A LA IMPORTACIÓN
DE DETERMINADOS PRODUCTOS PROCEDENTES
DE LAS COMUNIDADES EUROPEAS
Actuación del Órgano de Solución de Diferencias
informe del Órgano de Apelación titulado "Estados Unidos - Medidas aplicadas a la importación de
determinados productos procedentes de las Com unidades Europeas" () y el informe
Apelación.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Request for Consultations by the European Communities
Date: 23 March 1999
Document codes: WT/DS166/1; G/L/301; G/SG/D7/1; G/AG/GEN/33
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS
 OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Request for Consultations by the European Communities
The following communication, dated 17 March 1999, from the Permanent Delegation of the
European Commission to the Permanent Mission of the United States and 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 the United
States of America (USA) under Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU) and pursuant to Article XXII:1 of the General Agreement on Tariffs
and Trade (GATT 1994), Article 14 of the Agreement on Safeguards and Article 19 of the Agreement
on Agriculture with regard to the definitive safeguard measures imposed by the USA on imports of
wheat gluten.
Under the "Proclamation 7103 of 30 May 1998–To Facilitate Positive Adjustment to
Competition From Imports of Wheat Gluten" and the "Memorandum of 30 May 1998 Action Under
Section 203 of the Trade Act of 1974 Concerning Wheat Gluten" by the President of the USA,
published in the Federal Register Vol. 63, No. 106, pp. 30359 and 30363 on 3 June 1998, the USA
imposed definitive safeguard measures in the form of a quantitative limitation on imports of wheat
gluten effective as of 1 June 1998. The European Communities consider that these measures are in
breach of the USA's obligations under the provisions of the Agreement on Safeguards, in particular,
but not necessarily exclusively, of Articles 2, 4, 5, 8 and 12 of the said Agreement and in violation of
Article 4.2 of the Agreement on Agriculture and Articles I and XIX of GATT 1994.
I look forward to receiving the reaction of your authorities to this request so that we can
arrange a mutually convenient date and place to begin consultations, which the European
Communities suggest to be held in Geneva during the week beginning 22 March 1999.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Request to Join Consultations Communication from Australia
Date: 8 April 1999
Document codes: WT/DS166/2
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS
OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Request to Join Consultations
Communication from Australia
The following communication, dated 1 April 1999, from the Permanent Mission of Australia
to 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, the Government of Australia hereby notifies that, due to its
substantial trade interest, it desires to be joined in the consultations under Article XXII:1 of
GATT 1994 requested by the European Communities in a communication circulated to WTO
Members on 23 March 1999 () entitled "".
Australia has a substantial commercial interest in the matter as the major supplier of wheat
gluten to the United States under the current safeguard measures.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat
Date: 11 October 1999
Document codes: WT/DS166/4; WT/DS166/3.; WT/DS166/3
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT
GLUTEN FROM THE EUROPEAN COMMUNITIES
Constitution of the Panel Established at the Request of the European Communities
Note by the Secretariat
1. At its meeting on 26 July 1999, the Dispute Sett lement Body (DSB) established a Panel in
accordance with the request made by the European Communities in document
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements
cited by the European Communities in document , the matter referred to
the DSB by the European Communities in 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 11 October 1999, the parties to the dispute agreed on the following composition of the
Panel:
Chairman: Mr. Wieslaw Karsz
Members: Ms. Usha Dwarka-Canabady
Mr. Alvaro Espinoza
4. Australia, Canada and New Zealand reserved their rights to participate in the panel
proceedings as third parties.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Communication from the Chairman of the Panel
Date: 11 April 2000
Document codes: WT/DS166/5
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT
GLUTEN FROM THE EUROPEAN COMMUNITIES
Communication from the Chairman of the Panel
The following communication, dated 11 April 2000, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed
six months.
Article 12.9 of the DSU states that when a panel considers that it cannot issue its report within
six months, it shall inform the DSB in writing of the reasons for the delay, together with an estimate
of the period within which it will issue its report.
The Panel on "United States – Definitive Safeguard Measure on Imports of Wheat Gluten
from the European Communities" (DS166) was established by the DSB on 26 July 1999 and
composed on 11 October 1999.
Due to the recent resignation of the Chairman of the Panel, it will not, however, be possible
for the Panel to complete its work in accordance with the deadlines set out in the DSU. In view of the
fact that a new Chairperson remains to be appointed, it is not possible at this moment to give you a
clear indication of the time required for the Panel to complete its report.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Replacement of the Chairman of the Panel Note by the Secretariat Following the resignation on 11 April 2000 of Mr. Wieslaw Karsz as Chairman of the panel originally constituted to consider this matter, the parties agreed on a new Chairman on 20 April 2000. Accordingly, the composition of the Panel is as follows: Chairman: Mr. Maamoun Abdel-Fattah Members: Ms. Usha Dwarka-Canabady Mr. Alvaro Espinoza
Date: 26 April 2000
Document codes: WT/DS166/6
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT
GLUTEN FROM THE EUROPEAN COMMUNITIES
Replacement of the Chairman of the Panel
Note by the Secretariat
Following the resignation on 11 April 2000 of Mr. Wieslaw Karsz as Chairman of the panel
originally constituted to consider this matter, the parties agreed on a new Chairman on 20 April 2000.
Accordingly, the composition of the Panel is as follows:
Chairman: Mr. Maamoun Abdel-Fattah
Members: Ms. Usha Dwarka-Canabady
Mr. Alvaro Espinoza
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Communication from the Appellate Body
Date: 24 November 2000
Document codes: WT/DS166/8
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Communication from the Appellate Body
The following communication, dated 24 November 2000, 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 Reports and legal interpretations developed by the Panel in these cases on
26 September 2000 with the result that the 60-day period will expire on Monday, 27 November 2000.
Due to the time required for completion and translation of the Report, the Appellate Body will not
be able to circulate its Report by Monday, 27 November 2000. We estimate that the Appellate
Body Report in this appeal will be circulated to WTO Members no later than Wednesday,
27 December 2000.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Communication from the Appellate Body
Date: 22 December 2000
Document codes: WT/DS166/9; WT/DS166/AB/R.
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Communication from the Appellate Body
The following communication, dated 22 December 2000, from Mr. Florentino Feliciano,
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 later today,
22 December 2000, 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. Julio Lacarte-Muró as Presiding Member; Mr. Yasuhei Taniguchi
and Mr. Georges Michel Abi-Saab, as Members.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Agreement under Article 21.3(b) of the DSU
Date: 12 April 2001
Document codes: WT/DS166/12
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Agreement under Article 21.3(b) of the DSU
The following communication, dated 10 April 2001, from the Permanent Delegation of the
European Commission and the Permanent Mission of the United States to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 21.3(b) of the DSU.
The European Communities and the Government of the United States hereby have the
pleasure to inform you that on 4 April 2001, pursuant to Article 21.3(b) of the Understanding on
Rules and Procedures Governing the Settlement of Disputes, we mutually agreed that the reasonable
period of time to implement the recommendations an d rulings of the Dispute Settlement Body (DSB)
in the above-referenced dispute shall be four months and 14 days, that is from 19 January 2001 to
2 June 2001.
(s) Carlo Trojan (s) David P. Shark
Ambassador Chargé d'affaires, a.i.
Permanent Representative Deputy Permanent Representative
 to the WTO to the WTO
For the European Communities For the Government of the United States
UNITED STATES - DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 25 January 2001
Document codes: WT/DS166/10; WT/DS166/AB/R; WT/DS166/R
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES - DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 19 January 2001, the Dispute Settlement Body adopted the Appellate Body
report on "United States - Definitive Safeguar d Measure on Imports of Wheat Gluten from the
European Communities" (), 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 - MESURES DE SAUVEGARDE DÉFINITIVES À L'IMPORTATION
DE GLUTEN DE FROMENT EN PROVENANCE
DES COMMUNAUTÉS EUROPÉENNES
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 19 janvier 2001, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis – Mesures de sauvegarde définitives à l'importation de gluten de
rapprocher de celui de l'Organe d'appel.
ESTADOS UNIDOS - MEDIDAS DE SALVAGUARDIA DEFINITIVAS
IMPUESTAS A LAS IMPORTACIONES DE GLUTEN DE TRIGO
Actuación del Órgano de Solución de Diferencias
definitivas impuestas a las importaciones de gluten de trigo procedentes de las Comunidades
UNITED STATES – DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Document: Request from the European Communities for Arbitration under Article 21.3(c) of the DSU
Date: 23 March 2001
Document codes: WT/DS166/11
Complainant: EU
Respondent: U.S.
Third parties: Australia, Canada, New Zealand
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4, 5, 8, 12  SafeguardsArt. I, XIX  GATT 1994Art. 4.2  Agriculture

UNITED STATES – DEFINITIVE SAFEGUARD MEASURE ON IMPORTS OF
WHEAT GLUTEN FROM THE EUROPEAN COMMUNITIES
Request from the European Communities
for Arbitration under Article 21.3(c) of the DSU
The following communication, dated 20 March 2001, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request of
that delegation.
On 19 January 2001, the Dispute Settlement Body adopted the recommendations and rulings
contained in the Appellate Body and Panel reports in the proceeding "United States – Definitive
Safeguard Measures on Import of Wheat Gluten from the European Communities" (DS 166).
At the meeting of the DSB, held on 16 February 2001, the United States indicated that it
intended to implement the recommendations and rulings of the DSB and that it needed a reasonable
period of time to do so. It however declined to provide any indication on the duration of such period,
at said DSB meeting or during any subsequent bilateral contacts.
Therefore, in view of the impossibility to re ach an agreement with the United States on the
period of time required for the implementation of those recommendations and rulings, the European
Communities hereby request that such period, if any, be determined by binding arbitration pursuant to
Article 21.3(c) of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU).
The representatives of the European Communities will immediately open discussions with the
United States with a view to achieving agreement on a arbitrator within the next ten days.
UNITED STATES – COUNTERVAILING DUTY INVESTIGATION WITH RESPECT TO LIVE CATTLE FROM CANADA
Document: Request for Consultations by Canada
Date: 25 March 1999
Document codes: WT/DS167/1; G/L/302; G/SCM/D31/1; G/AG/GEN/34
Complainant: Canada
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 13  AgricultureArt. 1, 2, 10, 11.1, 11.2, 11.3, 11.4, 11.5, 13.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – COUNTERVAILING DUTY INVESTIGATION WITH
RESPECT TO LIVE CATTLE FROM CANADA
Request for Consultations by Canada
The following communication, dated 19 March 1999, 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 requested 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 (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), Article 30 of the Agreement on Subsidies and Countervailing Measures (to the extent
that it incorporates by reference Article XXII of GATT 1994), and Article 19 of the Agreement on
Agriculture (to the extent that it incorporates by reference Article XXII of GATT 1994) concerning
the initiation of a countervailing duty investigation by the US Department of Commerce on
22 December 1998 with respect to live cattle from Canada.
In Canada's view, the initiation of this investigation is inconsistent with US obligations under
the SCM Agreement. Such inconsistencies include the fact that the written application filed with the
Department of Commerce was not made by or on behalf of the domestic industry. Moreover, there
was not sufficient information provided with respect to the measures or actions alleged to be subsidies
for purpose of initiating an investigation under the SCM Agreement.
In addition, the measures or actions alleged to be subsidies, are either not, in law or in fact,
subsidies within the meaning of the SCM Agreement, or do not confer more than a de minimis level of
countervailable subsidy.
Canada is also of the view that this initiation is inconsistent with US obligations under the
Agreement on Agriculture relating to "due restraint".
The specific provisions of the Agreements with which the initiation of this investigation is
inconsistent include the following:
(i) Articles 1, 2, 10, 11.1 to 11.5 and 13.1 of the SCM Agreement; and
(ii) Article 13 of the Agreement on Agriculture.
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
WT/DS167/1, G/L/302,
G/SCM/D31/1, G/AG/GEN/34

welcomes any suggestions the United States may wish to make concerning dates on which the
consultations could take place.
UNITED STATES - COUNTERVAILING DUTY INVESTIGATION WITH RESPECT TO LIVE CATTLE FROM CANADA
Document: Request to Join Consultations Communication from Mexico
Date: 9 April 1999
Document codes: WT/DS167/2
Complainant: Canada
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 13  AgricultureArt. 1, 2, 10, 11.1, 11.2, 11.3, 11.4, 11.5, 13.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES - COUNTERVAILING DUTY INVESTIGATION WITH
RESPECT TO LIVE CATTLE FROM CANADA
Request to Join Consultations
Communication from Mexico
The following communication, dated 6 April 1999, from the Permanent Mission of Mexico to
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 have been instructed by my authorities to notify you that, pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and owing to
its substantial trade interest in the matter, Mexico wishes to be joined in the consultations requested
by Canada with the United States under Article XXII of GATT 1994, Article 30 of the Agreement on
Subsidies and Countervailing Measures and Article 19 of the Agreement on Agriculture, in
document , , , , circulated on 25 March 1999.