UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Notification of an Other Appeal by the United States under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 23(1) of the Working Procedures for Appellate Review
Date: 16 June 2008
Document codes: WT/DS320/13
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Notification of an Other Appeal by the United States

under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 23(1) of the Working Procedures for Appellate Review

 The following notification, dated 10 June 2008, from the Delegation of the United States, is
being circulated to Members.

Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (“DSU”) and Rule 23 of the Working Procedures for Appellate Review , the
United States hereby notifies its decision to app eal to the Appellate Body certain issues of law
covered in the Report of the Panel on () (“Panel Report”) and cer tain legal interpretations developed
by the Panel.

1. The United States seeks review by the Appellate Body of the Panel’s legal conclusion that the
United States breached Article 23.1 of the DSU (e.g ., Panel Report, paras. 7.250, 7.856(a)). This
conclusion is in error and is based on erroneous fi ndings on issues of law and legal interpretations,
including the Panel’s findings that, by maintaining its suspension of concessions after the notification
by the European Communities (“EC”) of Directive 2003/74/EC, the United States was seeking the
redress of a violation of obligations under a c overed agreement without having recourse to, and
abiding by, the rules and procedures of the DSU (e.g ., Panel Report, paras. 7.215, 7.856(a)), and the
Panel’s interpretation and understanding of the lega l basis for the U.S. suspension of concessions
(e.g., Panel Report, paras. 7.209-7.214).

2. The United States also seeks review of the Pa nel’s conclusion that the United States breached
DSU Article 23.2(a) (e.g., Panel Report, paras. 7.245, 7.856(b)). This conclusion is in error and is
based on erroneous findings on issues of law and le gal interpretations, including the Panel’s findings
that the United States made a determination to the effect that a violation had occurred without
recourse to dispute settlement in accordance with the rules and procedures of the DSU (e.g., Panel
Report, paras. 7.239, 7.856(b)), on the basis of U.S. statements made at the meetings of the Dispute
Settlement Body on November 1 and December 7, 2003 (e.g., Panel Report paras. 7.223-7.230) and/or
the continuation of the U.S. suspension of concessions after the EC’s notification of Directive
2003/74/EC (e.g., Panel Report paras. 7.226, 7.230, 7.232).

3. The United States seeks review of the Panel’ s suggestion that the United States should have
recourse to the rules and procedures of the DSU wi thout delay (e.g., Panel Report paras. 6.45, 8.3)
and the Panel’s conclusion that it was restricted from a direct determination of the compatibility of

Directive 2003/74/EC with the covered agreements (e.g., Panel Report paras. 7.162-7.164, 7.360,
7.855, 8.3). The suggestion and conclusion are in error and based on erroneous findings on issues of
law and related legal interpretati ons. However, the Appellate Body would not need to review the
suggestion and conclusion if it reverses the Pane l’s findings and conclusions on DSU Articles 23.1
and 23.2(a).