UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Understanding between Argentina and the United States Regarding Procedures under Articles 21 and 22 of the DSU
Date: 9 January 2006
Document codes: WT/DS268/14
Complainant: Argentina
Respondent: U.S.
Third parties: China, EU, Japan, South Korea, Mexico, Taiwan
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2, 3, 6, 11, 12, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES
ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA

Understanding between Argentina and the United States

Regarding Procedures under Articles 21 and 22 of the DSU

 The following communication, dated 5 January 2006, from the delegation of Argentina and
the delegation of the United States to the Chairman of the Dispute Settlement Body is circulated at the
request of these delegations.

Argentina and the United States would like to in form the Dispute Settlement Body that they
have concluded the attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement
Understanding Applicable to the WTO Dispute United States – Sunset Reviews of Anti-Dumping
Measures on Oil Country Tubul ar Goods from Argentina (WT/DS268)". We request that you please
circulate these agreed procedures to the Members of the DSB.

Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding
Applicable to the WTO Dispute (WT/DS268)

 The Dispute Settlement Body (DSB) adopted th e Panel and Appellate Body Reports in this
dispute on 17 December 2004.

 On 7 June 2005 the Arbitrator appointed pursuant to Article 21.3(c) of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) issued its award, granting the
United States a reasonable period of time of 12 months to implement the recommendations and
rulings adopted by the DSB (). The reasonable period of time for implementation
elapsed on 17 December 2005. On 20 December 2005, the United States informed the DSB that it
had implemented the DSB's recommendations and ruli ngs. Argentina then info rmed the DSB that, in
its view, the United States had not implemented the recommendations and rulings of the DSB in a
manner consistent with US WTO obligations.

 Given the disagreement between Argentina and the United States (the "Parties") within the
meaning of Article 21.5 of the DSU, as to the existence or consistency of measures taken by the
United States to comply with the recommendations and rulings of the DSB, the Parties have agreed on
the following procedures for purposes of this dispute:

1. If Argentina deems it appropria te to invoke Article 21.5 of the DSU, Argentina will request
consultations, which the Parties agree to hold w ithin 15 days from the date of circulation of
the request.

2. After the 15-day period referenced in para graph 1 has elapsed, Argentina may request the
establishment of a panel pursuant to Article 21.5 of the DSU (the "compliance panel").

3. At the first DSB meeting for which Argentina' s request for the establishment of a compliance
panel appears on the agenda, the United St ates will accept the establishment of the
compliance panel.

4. The Parties will cooperate to enable the co mpliance panel to circulate its report within
90 days of the panel's establishment, excluding such time as the compliance panel's work may
be suspended pursuant to Article 12.12 of the DSU.

5. In case of an appeal of the compliance panel report, the Parties will cooperate to enable the
Appellate Body to circulate its report within 90 days from the date of notification of the
appeal to the DSB.

6. With respect to the adoption of the panel and Appellate Body reports in the Article 21.5
proceedings, the parties recognize that the time-frames of Articles 16 and 17.14 of the DSU
apply.

7. In the event that the DSB finds that th e United States has failed to comply with the
recommendations and ruling of the DSB or that a measure taken by the United States to
comply with the recommendations and rulings of the DSB is inconsistent with a covered
agreement, Argentina may request authorizati on to suspend concessions or other obligations
under Article 22.2 of the DSU. Argentina w ill not request authorization to suspend
concessions or other obligations under Article 22.2 of the DSU until the adoption by the DSB
of its recommendations and rulings in the DSU Article 21.5 proceeding. If, on the basis of
these recommendations and rulings, Argentina decides to seek authorization from the DSB for

the suspension of concessions or other obligatio ns under Article 22.2 of the DSU, the United
States will not assert that Argentina is preclude d from obtaining such authorization because
its request was made outside the time-period speci fied in Article 22.6 of the DSU. This is
without prejudice to the United States’ right to have the matter referred to arbitration in
accordance with Article 22.6 of the DSU.

8. If Argentina requests authorization to suspe nd concessions or other obligations pursuant to
Article 22.2 of the DSU, and if the United Stat es objects under Article 22.6 of the DSU to the
level of suspension of concessions or other oblig ations and/or claims that the principles and
procedures set forth in DSU Article 22.3 have not been followed, the matter will be referred
to arbitration pursuant to DSU Article 22.6.

9. The Parties will cooperate to facilitate the pa rticipation of the orig inal panelists in the
compliance panel and the DSU Article 22.6 arbitration.

10. If any of the original panelists is not availa ble either for the compliance panel or for the DSU
Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement and either
Party may request the Director-General of the WTO to appoint, within 10 days of the request,
a replacement for the proceeding or proceedings in which such a replacement is required. If
an original panelist is unavailable to serve in e ither of the proceedings, the Parties will further
request that in making this appointment, the Director-General seek a person who will also be
available to act in both proceedings.

11. The Parties agree to continue to cooperate in all matters referred to in these agreed procedures
and not to raise any procedural objection to any of the steps set out herein. If, during the
application of these procedures, the Parties cons ider that a procedural aspect has not been
properly addressed they will endeavour to find a solution within the shortest time possible
that will not affect the other agreed procedures.

Agreed in Geneva on 5 January 2006.

 For Argentina: For the United States:

 (signed) (signed)
 Ernesto Martínez Gondra Peter F. Allgeier
 Minister Ambassador
 Chargé d'affaires a.i. Permanent Mission of the United States
 Permanent Mission of Argentina to the WTO