EUROPEAN UNION – ANTI-DUMPING MEASURES ON CERTAIN FOOTWEAR FROM CHINA
Document: Joint Request by China and the European Union for a Decision by the DSB
Date: 9 December 2011
Document codes: WT/DS405/5
Complainant: China
Respondent: EU
Third parties: Australia, Brazil, Colombia, Japan, Turkey, U.S., Vietnam
Dispute stage: Panel
Agreements cited: Art. 9  Anti-dumping  Protocol of AccessionArt. 6.10, 9.2, 9.3, 9.4  Anti-dumpingArt. I, XVI:4, X:3(a)  GATT 1994Art. 2.1, 2.4  Anti-dumpingArt. VI:1  GATT 1994Art. 3.1, 17.6, 3.4, 3.5, 6.1.2, 6.5, 6.5.1, 6.5.2, 6.8, 11.3, 12.2.2, 1, 18.1, 2.2.2, 2.6, 9.1, 3.3, 6.2, 6.4, 6.5.1, 6.5.2, 6.1.1, 6.9, 6.10.2  Anti-dumping

EUROPEAN UNION – ANTI-DUMPING MEASURES ON
CERTAIN FOOTWEAR FROM CHINA

Joint Request by China and the European Union
for a Decision by the DSB

 The following communication, dated 6 Decemb er 2011, from the delegation of China and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated at
the request of those delegations.

The People's Republic of China and the European Union would like to request that the
Dispute Settlement Body (DSB) adopt the enclosed draft decision with respect to the dispute
European Union – Anti-Dumping Measu res on Certain Footwear from China (WT/DS405) at its
meeting to be held on 19 December 2011. We cons ider that the decision would provide greater
flexibility in scheduling given the heavy workload on the Appellate Body at this time. Attached to the
letter you will also find the text of the procedural agreement between the parties to the dispute.

We would be grateful if you could circulate this request including its attachments to WTO
Members.

Draft decision of the DSB:

"The DSB agrees that, upon a request by the People's Republic of China or the European Union, the
DSB shall no later than 22 February 2012, adopt the report of the panel in the dispute () unless (i) the DSB
decides by consensus not to do so or (ii) the People's Republic of China or the European Union
notifies the DSB of its decision to appeal pursuant to Article 16.4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes."

Procedural Agreement between the People's Republic of China and the European Union
regarding the Time Period under Article 16.4 of the DSU in

 (WT/DS405)

1. In order to take into account the current wo rkload of the Appellate Body, the above parties
agree that the 60-day time period in Article 16.4 of Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), as applicable to the above dispute, will be extended to
22 February 2012, and that a decision of the Dispute Settlement Body (DSB) on this extension will be
sought at the meeting of the DSB to be held on 19 December 2011.

2. The parties agree to this extension on the understanding that the rights of the parties to the
dispute with respect to adoption or appeal of the panel report (WT/DS405/R) are preserved, as if such
adoption or appeal had been requested within the 60-day time period specified in Article 16.4 of the
DSU.

3. Neither party will file a notice of appeal of th e panel report before 20 February 2012, provided the
DSB decision set out in paragraph 1 is obtained.

For the People's Republic of China

YI Xiaozhun
Ambassador
Permanent Representative to the WTO
For the European Union

Angelos Pangratis
Ambassador
Permanent Representative to the WTO