UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Document: OF TUNA AND TUNA PRODUCTS SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO COMMUNICATION FROM THE APPELLATE BODY
Date: 14 March 2018
Document codes: WT/DS381/46
Complainant: Mexico
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Ecuador, EU, Guatemala, India, Japan, South Korea, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. I:1, III:4  GATT 1994Art. 2.1, 2.2, 2.3, 2.4  Technical Barriers to Trade (TBT)

UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
UNITED STATES – MEASURES CONCERNING THE IMPORTATION, MARKETING AND SALE
OF TUNA AND TUNA PRODUCTS
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY MEXICO
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 29 January 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 6 0 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.

Mexico notified the DSB on 1 December 2017 of its decision to appeal certain issues of law covered
in the Panel Reports and legal interpretations developed by the Panels in these cases, with the result
that the 60-day period expires on Tuesday, 30 January 2018. Due to the time required to hear and
decide this appeal, the Appellate Body is not able to circulate its Report by this date.

The Appellate Body faces a substantial ly enhanced workload in 2018 , with several appeals
proceeding in parallel, and there is increasing overlap in the composition of the Divisions hearing
the different appeals owing to the current vacancies on the Appella te Body. Due to the scheduling
issues arising from these circumstances, the number and complexity of the issues raised in this
and concurrent appellate proceedings, together with t he demands that these concurrent appeals
place on the WTO Secretariat's translation services, and the shortage of staff in the Appellate Body
Secretariat, the Appellate Body w ill not be able to circulate its Report in this dispute within the
90-day timeframe provided for in Article 17.5 of the DSU.

The circulation date of the App ellate Body Report in this appeal will be communicated to the
participants and third participants after the oral hearing.