CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: Constitution of the Panel Established at the Requests of the United States, the European Communities1 and Mexico Note by the Secretariat
Date: 30 March 2010
Document codes: WT/DS394/8; WT/DS395/8; WT/DS398/7; WT/DS394/7; WT/DS395/7; WT/DS398/6
Complainant: Mexico
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, EU, India, Japan, South Korea, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, , Part I, para. 8.2  Protocol of Accession

CHINA – MEASURES RELATED TO THE EXPORTATION
OF VARIOUS RAW MATERIALS

Constitution of the Panel Established at the Requests of the United States,

the European Communities1 and Mexico

Note by the Secretariat

1. At its meeting on 21 December 2009, the Di spute Settlement Body (DSB) established a single
panel pursuant to the requests of the United States in document , the
European Communities in document and Mexico in document , in
accordance with Article 9.1 of the DSU (WT/DSB/M/277).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the parties to the dispute, the matter referred to the DSB by the United States in
document , the European Communities in document and
Mexico 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 19 March 2010, the United States, the European Union and Mexico requested the
Director-General to determine the composition of th e panel, pursuant to paragraph 7 of Article 8 of
the DSU. This paragraph provides:

"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."

1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty
establishing the European Commun ity (done at Lisbon, 13 December 2007) entered 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.

4. On 29 March 2010, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Elbio Rosselli

 Members: Ms Dell Higgie
 Mr Nugroho Wisnumurti

5. Argentina, Brazil, Canada, Chile, Colombia, Ecuador, the European Union (with respect to
WT/DS394 and WT/DS398), India, Japan, Korea, Mexico (with respect to WT/DS394 and
WT/DS395), Norway, Chinese Taipei, Turkey, Saudi Arabia and the United States (with respect to
WT/DS395 and WT/DS398) have reserved their rights to participate in the Panel proceedings as third
parties.