EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA
Document: Communication from China and the European Union 1 concerning Article 21.3(b) and 21.3(c) of the DSU
Date: 14 September 2011
Document codes: WT/DS397/13
Complainant: China
Respondent: EU
Third parties: Brazil, Canada, Chile, Colombia, India, Japan, Norway, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 6, 9, 5, 2, 3, 4  Anti-dumpingArt. I, X:3(a), VI:1  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

EUROPEAN COMMUNITIES – DEFINITIVE ANTI-DUMPING MEASURES
ON CERTAIN IRON OR STEEL FASTENERS FROM CHINA

Communication from China and the European Union
1 concerning
Article 21.3(b) and 21.3(c) of the DSU

 The following communication, dated 12 Septem ber 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 these delegations.

 On 28 July 2011, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute (WT/DS397). In its communication of 18 August 2011 (WT/DS397), the
European Union notified the DSB that it intends to implement the recommendations and rulings of the
DSB in this dispute in a manner that respects its WTO obligations. The Europ ean Union also stated
that it would need a reasonable period of time for implementation. The European Union subsequently
recalled this notification at the meeting of the DSB held on 2 September 2011.

Article 21.3(c) of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determ ined "through binding arbitration within 90 days
after the date of adoption of the recommendations and rulings".

In order to allow sufficient time for the parties to discuss a mutually agreed period, China and
the European Union (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an arbitrator,
unless the arbitrator, following consultation with the pa rties, considers that additional time is required
and (ii) hereby confirm that any award of the arbitr ator (including an award not made within 90 days
after the date of adoption of the DSB recommendations and rulings) shall be deemed to be an award
of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the reasonable period of
time for the European Union to implement the recommendations and rulings of the DSB.

1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty
establishing the European Community (done at Lisbon , 13 December 2007) entere d into force. On 29
November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and the
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December
2009, the European Union replaces and succeeds the European Community.

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

For the People's Republic of China

ZHAO Hong
Chargé d'Affaires
For the European Union

Angelos PANGRATIS
Ambassador