CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM JAPAN (DS454)
Document: CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION (DS460) COMMUNICATION FROM THE APPELLATE BODY
Date: 27 July 2015
Document codes: WT/DS454/9; WT/DS460/9
Complainant: Japan
Respondent: China
Third parties: EU, India, South Korea, Russia, U.S., Turkey, Saudi Arabia
Dispute stage: Appellate Body
Agreements cited: Art. 3.1, 3.2, 3.4, 3.5, 6.5, 6.8, 6.9, 6.5.1, 7.4, 12.2, 12.2.2  Anti-dumpingArt. VI  GATT 1994

CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE
STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM JAPAN
(DS454)

CHINA – MEASURES IMPOSING ANTI-DUMPING DUTIES ON HIGH-PERFORMANCE
STAINLESS STEEL SEAMLESS TUBES ("HP-SSST") FROM THE EUROPEAN UNION
(DS460)
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 20 July 2015, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is circulated to Members 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
(DSB) 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.

On 20 May 2015, Japan notified the DSB of its decision to appeal certain issues of law covered in
the Panel Report and legal interpretations developed by the Panel in China – Measures Imposing
Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from
Japan (). On the same day, China notified the DSB of its decision to appeal certain
issues of law covered in the Panel Report and legal interpretations developed by the Panel in
China ‒ Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless
Tubes ("HP-SSST") from the European Union (). Consequently, the 60-day period will
expire on Sunday, 19 July 2015.

On 15 June 2015, we received a letter from Japan requesting the Appellate Body to provide the
participants and the third participants with the reasons for the delay in the circulation of the
Appellate Body reports in these proceedings together with an estimate of the period within which
it will circulate its reports, including the reason for its decision to hold the oral hearing
on 71 and 72 days after the initiation of these appeals. By letter dated 18 June, we informed the
participants and third participants that we had carefully considered Japan's request and the
comments received from China, the European Union, and India. We also indicated that, consistent
with our well-established practice, we would inform the DSB of the reasons for the delay by letter
within two months after the date of filing of thes e appeals, and that we would, at the same time,
or as soon as possible thereafter, also provide an estimated date of circulation for the
Appellate Body Reports in the above-referenced disputes.

The Appellate Body faces a substantial workload this year, with several appellate proceedings in
parallel, often with overlap in the composition of the Divisions hearing the different appeals.
Due to the number and complexity of the issues raised on appeal in DS454 and DS460 and parallel
proceedings, and scheduling issues arising from the circumstances referred to above as well as
shortage of staff in the Appellate Body Secretariat, the Appellate Body will not be able to circulate its
WT/DS454/9 • WT/DS460/9

Reports by the end of the 60-day period, or within the 90-day timeframe provided for in the last
sentence of Article 17.5 of the DSU.

Due to a pending request for a change in the working schedule in the parallel appellate proceedings
in DS381, we are currently not in position to inform the DSB of the estimated date of circulation for
the Appellate Body Reports in DS454 and DS460. We expect this issue to be resolved soon, and will
then inform the DSB of the estimated date of circulation.