dean22029/WTO_Docs huggingface dataset:
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 4.11 of the SCM Agreement Constitution of the Arbitrator Note by the Secretariat
Date: 19 July 2005
Document codes: WT/DS267/24
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 4.11 of the SCM Agreement

Constitution of the Arbitrator

Note by the Secretariat

1. At the meeting of the Dispute Settlement Body (DSB) on 15 July 2005, it was agreed that the
matter raised by the United States in document WT /DS267/23 be referred to arbitration, as required
by Article 22.6 of the DSU and Article 4.11 of the SCM Agreement.

2. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
1 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
3. Article 4.11 of the SCM Agreement provides as follows:

"In the event a party to the dispute requests arbitration under paragraph 6 of
Article 22 of the Dispute Settlement Unde rstanding ("DSU)", the arbitrator shall
determine whether the countermeasures are appropriate."
4. The Arbitration will be carried out by the original panel, namely:

 Chairman: Mr Darius Rosati

 Members: Mr Mario Matus
 Mr Daniel Moulis
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 4.11 of the SCM Agreement Constitution of the Arbitrator Note by the Secretariat Addendum
Date: 15 October 2008
Document codes: WT/DS267/24/Add.1; WT/DS267/38
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 4.11 of the SCM Agreement

Constitution of the Arbitrator

Note by the Secretariat

Addendum

1. At the time that Brazil requested the resumption of the arbitration (), two of the
arbitrators, Mr Darius Rosati (Chair) and Mr Mario Matus (member), however, had become
unavailable to serve in these proceedings.
2. On 1 October 2008, the parties agreed that the ar bitration will be carried out by the following
individuals:

 Chairman: Mr Eduardo Pérez-Motta

 Members: Mr Alan Matthews
 Mr Daniel Moulis
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 4.11 of the SCM Agreement Communication from the Arbitrator
Date: 18 August 2005
Document codes: WT/DS267/25
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 4.11 of the SCM Agreement

Communication from the Arbitrator

 The following communication, dated 17 August 2005, has been received from the delegation
of Brazil and the delegation of the United States a nd addressed to Mr Darius Rosati, Chairman of the
Arbitrator.

 On 4 July 2005, Brazil requested authorizati on from the Dispute Settlement Body ("DSB") to
take appropriate countermeasures pursuant to Article 4.10 of the Agreement on Subsidies and
Countervailing Measures ("SCM Agreement") and to susp end concessions or other obligations
pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") with respect to the United States (). The United States objected to
the Brazilian Article 4.10 and Article 22.2 requ est on 14 July 2005 (). The matter has
been referred to arbitration pursuant to Article 22.6 of the DSU.

 In accordance with paragraph 3 of the "Agr eed Procedures under Articles 21 and 22 of the
Dispute Settlement Understanding and Article 4 of the SCM Agreement in the follow-up to the
dispute (WT/DS267)", dated 5 July 2005
(), the United States and Brazil request th at the Article 22.6 arbitration proceedings be
suspended until Brazil subsequently requests their resumption or termination in accordance with the
terms of the "Agreed Procedures".

 In accordance with the joint request by the parties, the Arbitrator has suspended the
arbitration proceedings.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 7.10 of the SCM Agreement Constitution of the Arbitrator Note by the Secretariat
Date: 18 November 2005
Document codes: WT/DS267/28; WT/DS267/27
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 7.10 of the SCM Agreement

Constitution of the Arbitrator

Note by the Secretariat

1. At the meeting of the Dispute Settlement Bo dy (DSB) on 18 October 2005, it was agreed that
the matter raised by the United States in document be referred to arbitration, as
required by Article 22.6 of the DSU and Article 7.10 of the SCM Agreement.

2. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
1 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
3. Article 7.10 of the SCM Agreement provides as follows:

"In the event that a party to the dispute requests arbitration under paragraph 6 of
Article 22 of the DSU, the arbitrator sha ll determine whether the countermeasures are
commensurate with the degree and nature of the adverse effects determined to exist."
4. The Arbitration will be carried out by the original panel, namely:

 Chairman: Mr Darius Rosati

 Members: Mr Mario Matus
 Mr Daniel Moulis
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 7.10 of the SCM Agreement Constitution of the Arbitrator Note by the Secretariat Addendum
Date: 15 October 2008
Document codes: WT/DS267/28/Add.1; WT/DS267/39
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 7.10 of the SCM Agreement

Constitution of the Arbitrator

Note by the Secretariat

Addendum

1. At the time that Brazil requested the resumption of the arbitration () two of the
arbitrators, Mr Darius Rosati (Chair) and Mr Mario Matus (member), had become unavailable to
serve in these proceedings.
2. On 1 October 2008, the parties agreed that the ar bitration will be carried out by the following
individuals:
 Chairman: Mr Eduardo Pérez-Motta

 Members: Mr Alan Matthews
 Mr Daniel Moulis
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse by the United States to Article 22.6 of the DSU and Article 7.10 of the SCM Agreement Communication from the Arbitrator
Date: 7 December 2005
Document codes: WT/DS267/29
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse by the United States to Article 22.6 of the DSU

and Article 7.10 of the SCM Agreement

Communication from the Arbitrator

 The following communication, dated 21 Novemb er 2005 and addressed to Mr Darius Rosati,
Chairman of the Arbitrator, has been received from the delegation of Brazil and the delegation of the
United States.

 Brazil and the United States wish to thank you an d the other arbitrators for accepting to serve
in the above-referenced proceeding.

 On 6 October 2005, Brazil requested authorization from the Dispute Settlement Body
("DSB") to take countermeasures in connection with the dispute (). The United States objected to Brazil's request on 17 October 2005
(). The matter has been referred to arbitration pursuant to Article 22.6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU").

 Noting that the United States reaffirmed in the DSB's meeting of 18 October 2005, its
commitment to implement the recommendations and rulings of the DSB in this dispute, and in light of
the preference for WTO-consistent solutions mutually acceptable to the parties to a dispute set out in
DSU Article 3.7, the United States and Brazil request that the Article 22.6 arbitration proceedings be
suspended until either party subsequently requests their resumption.

 Brazil and the United States have agreed that, if either party decides to request resumption of
the arbitration proceedings, that party will provide the other party with 30 days' advance notice before
making such a request.

 In accordance with the joint request by the parties, the Arbitrator has suspended the
arbitration proceedings.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Article 21.5 of the DSU by Brazil Constitution of the Panel Note by the Secretariat
Date: 1 November 2006
Document codes: WT/DS267/31; WT/DS267/30.; WT/DS267/30
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Article 21.5 of the DSU by Brazil

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 28 September 2006, the Di spute Settlement Body (DSB) decided, in
accordance with Article 21.5 of th e Dispute Settlement Understanding (DSU), to refer, if possible, to
the original panel the matter raised by Brazil in document
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 Brazil in document , the matter referred to the DSB by Brazil in that
document, and to make such finding s as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 18 and 20 October 2006, Brazil and the United States respectively requested the Director-
General to determine the composition of the Panel in accordance with Article 8.7 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 the 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."
4. On 25 October 2006, the Director-General de termined the composition of the Panel as
follows:
Chairman: Mr. Eduardo Pérez Motta
Members: Mr. Mario Matus
 Mr. Ho-Young Ahn

5. Argentina, Australia, Canada, Chad; China, the European Communities, India, Japan,
New Zealand, and Thailand reserved their rights to participate in the Panel proceedings as third
parties.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Article 21.5 of the DSU by Brazil Communication from the Chairman of the Panel
Date: 11 January 2007
Document codes: WT/DS267/32
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Article 21.5 of the DSU by Brazil

Communication from the Chairman of the Panel

 The following communication, dated 9 January 2007, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated pur suant to Article 21.5 of the Dispute Settlement
Understanding (DSU).

 Article 21.5 of the DSU stipulates that a panel considering the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings of the DSB
shall circulate its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further states that wh en a panel considers that it cannot provide its
report within this time frame, it shall inform the DS B in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report.

 On 28 September 2006, the DSB agreed to refer the dispute : Recourse to Article 21.5 of the DSU by Brazil to the original panel, if possible.
Subsequently, at the request of both parties, the Director-General determined the composition of the
Panel on 25 October 2006.

 Given the particular circumstances of this case and the schedule adopted after consultations
with parties to this dispute, it has not been possi ble for the Panel to comple te its work within the
90-day period as foreseen in Article 21.5.

 The Panel expects to complete its work in July 2007.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Article 21.5 of the DSU by Brazil Communication from the Appellate Body
Date: 25 April 2008
Document codes: WT/DS267/35
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Article 21.5 of the DSU by Brazil

Communication from the Appellate Body

 The following communication, dated 11 April 2008, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated 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 afte r the appellant has formally notified the Dispute
Settlement Body (the "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.

 The United States notified the DSB on 12 February 2008 of its decision to appeal certain
issues of law covered in the Panel Report and legal interpretations developed by the Panel in this case,
with the result that the 60-day period expires on Friday, 11 April 2008 (day 60 falls on
Saturday, 12 April 2008).

 In the light of the numerous and complex i ssues raised in this a ppeal, and the increased
burden on translation services, the Appellate Body is not able to circulate its Report by 11 April 2008.
We estimate that the Appellate Body Report in this appeal will be circulated to WTO Members no
later than Monday, 2 June 2008. The United States and Brazil have confirmed that they will deem the
Appellate Body Report in this proceeding, issued no later than 2 June 2008, to be an Appellate Body
Report circulated pursuant to Article 17.5 of the DSU.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Article 21.5 of the DSU by Brazil Communication from the Appellate Body
Date: 9 June 2008
Document codes: WT/DS267/36; WT/DS267/AB/RW.
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Article 21.5 of the DSU by Brazil

Communication from the Appellate Body

 The following communication, dated 2 June 2008, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settle ment Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in (Recourse to Article 21.5 of the DSU by Brazil) , It
will be circulated to Members of the at 4 p.m. today, in accordance with
paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes. It is a confidential document until its circulation. The three Members of the
Appellate Body who served on this appeal were: myself, as Presiding Member, Ms. Jennifer Hillman
and Mr. David Unterhalter, as Members.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Communication from Brazil
Date: 15 October 2008
Document codes: WT/DS267/38; WT/DS267/23
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Communication from Brazil

 The following communication, dated 25 Augus t 2008, addressed to Mr. Darius Rosati, the
Chairman of the Arbitrator, has been received from the delegation of Brazil.

Procedures Governing the Settlement of Disputes a nd Article 4.11 of the Agreement on Subsidies and
Countervailing Measures.
2. In a letter dated 18 August 2005, addressed to th e Chairman of the Arbitrator in accordance
with paragraph 3 of the "Agreed Procedures unde r Articles 21 and 22 of the Dispute Settlement
Understanding and Article 4 of the SCM Ag reement in the follow-up to the dispute United States -
Subsidies on Upland Cotton (WT/DS267)" (), Brazil and the United States jointly
requested that the arbitration proceedings were suspended until Brazil subsequently requested their
resumption (or termination) in accordance with the terms" of the "Agreed Procedures".
3. On 20 June 2008, the DSB adopted the reports of the Article 21.5 compliance panel and the
Appellate Body (), which found that measures taken by the United States to comply
with the recommendations and rulings of the DSB in this dispute were incons istent with the covered
agreements. Upon instructions from my authoriti es, and in accordance with paragraph 10 of the
"Agreed Procedures", I hereby request the re sumption of the above-mentioned arbitration
proceedings.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Communication from Brazil
Date: 15 October 2008
Document codes: WT/DS267/39; WT/DS267/26; WT/DS267/27
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Communication from Brazil

 The following communication, dated 25 Augus t 2008, addressed to Mr. Darius Rosati, the
Chairman of the Arbitrator, has been received from the delegation of Brazil.

Cotton (). As the United States obj ected to Brazil's request on 17 October 2005
(), the matter was referred to arbitrati on pursuant to Article 22.6 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes and Article 7.10 of the Agreement on
Subsidies and Countervailing Measures.
2. In a letter addressed to the Chairman of the Arbitrator, dated 21 November 2005, Brazil and
the United States jointly requested that the above-m entioned arbitration proceedings were suspended
until either party subsequently requested their resu mption. In addition, Brazil and the United States
agreed in the joint letter that if either party d ecided to request the resumption of the arbitration
proceedings, that party should provide the other party with 30 days' advance notice before making
such a request.
3. Such advance notice was given by Brazil to th e United States in a letter dated 2 July 2008.
Upon instructions from my authorities, I hereby request that the arbitration proceedings be resumed.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Communication from Brazil
Date: 5 May 2010
Document codes: WT/DS267/44
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Communication from Brazil

 The following communication, dated 30 April 2010, from the delegation of Brazil to the
Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 On 8 March 2010, Brazil sent to the Chairman of the Dispute Settlement Body ("DSB") a
notification that, starting on 7 April 2010, it would suspend the application to the United States of
concessions or other obligations under the General Agreement on Tariffs and Trade 1994
(GATT 1994) in the form of increased import duti es on certain products when they are imported from
the United States. The suspension of con cessions or other obligations by Brazil vis-à-vis the United
States was authorized by the DSB in its meeting of 19 November 2009, in the context of the dispute
 (DS267).

 I wish to inform you that Brazil has decided to postpone the imposition of the
countermeasures described in Brazil's previous communication. Brazil and the United States are
currently engaged in a dialogue with a view to reaching a mutually satisfactory solution to the
above-mentioned dispute. Accordingly, no countermeasures will enter into force before 21 June 2010.

 I would be grateful if you could circulate this notification to the Members of the DSB.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Report of the Panel Addendum
Date: 8 September 2004
Document codes: WT/DS267/R/Add.1; WT/DS267/R.
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Report of the Panel

Addendum

 This addendum contains the annexes A-H to th e Report of the Panel to be found in document
 Annex I can be found in Add.2 and Annexes J-O can be found in Add.3.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Report of the Panel Addendum
Date: 8 September 2004
Document codes: WT/DS267/R/Add.2; WT/DS267/R.
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Report of the Panel

Addendum

 This addendum contains the Annex I to the Report of the Panel to be found in document
 Annexes A-H can be found in Add.1 and Annexes J-O can be found in Add.3.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Report of the Panel Addendum
Date: 8 September 2004
Document codes: WT/DS267/R/Add.3; WT/DS267/R.
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Report of the Panel

Addendum

 This addendum contains the Annexes J-O to th e Report of the Panel to be found in document
 Annexes A-H can be found in Add.1 and Annex I can be found in Add.2.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Report of the Panel Corrigendum
Date: 8 September 2004
Document codes: WT/DS267/R/Corr.1; WT/DS267/R
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

∗

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Report of the Panel

Corrigendum

 The following corrections should be made to document :

paragraph 6.9

 "paragraph 7.227" should read "paragraph 7.277".

paragraph 6.22

 "paragraph 7.6314" should read "paragraph 7.634".

paragraph 6.52
 "footnote 1374" should read "footnote 1432".

paragraph 7.294

 "Brazil's taking of 'legal steps to establish a clai m' " should read "Brazil's 'taking of legal steps
to establish a claim' ".

paragraph 7.688

 "Article 13(b)(ii) of the SCM Agreement" should read "Article 13(b)(ii) of the Agreement on
Agriculture".

paragraph 7.691
 "Article 1.1(a)2(ii)" should r ead "Article 1.1(a)(1)(ii)".

footnote 993

 "Question No.229" should read "Question No.228".

footnote 1052

 "para. 7.866" should read "para. 7.843".

paragraph 7.1131

 The following changes should be made in the 4 th sentence:
 (i) The first pair of quotation marks should be deleted.
 (ii) The first pair of double quot ation marks should be deleted.
(iii) The term "certain identified agricultural products" as it first appears in the sentence
should be deleted (together with the quotation mark).
 (iv) A quotation mark should be put before the word "all" and after the close bracket.

∗ In English only.

paragraph 7.1140

 "enterprise" should read "enterprises".

footnote 1313

 " DSU" should read "SCM Agreement".

paragraph 7.1207

 "subsidized Member" should read "subsidizing Member".

footnote 1333

 The words "subsidized product" and "like produc t" that appear in the second and third lines,
respectively, should be in italics.

paragraph 7.1227

 "adverse effects to the interests" should read "adverse effects to the interests", and "(c) the
effect of the subsidy is" should read "(c) the effect of the subsidy is".

footnote 1358

 "Article 16.4" should read "Article 16.2".

paragraph 7.1246

 The word "cotton" that appears in the first line should be deleted.

footnote 1429

 "(MTN/GNG/NG19/W/38/Rev.2)" should read "(MTN/GNG/NG10/W/38/Rev.2)".

footnote 1431
 "to request a finding" should read "to make a finding".

paragraph 7.1401

 "is capable of" should read "are capable of ".

paragraph 7.1430
 " WTO Agreement" should read "SCM Agreement".
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Article 21.5 of the DSU by Brazil Report of the Panel Corrigendum In paragraph 7.8 last line, "Sec tion IX.A.3" should read "Section IX.B.3". In footnote 613, "Article 21 of the Vienna Convention" should read "Article 27 of the Vienna Convention".
Date: 20 December 2007
Document codes: WT/DS267/RW/Corr.1
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Article 21.5 of the DSU by Brazil

Report of the Panel

Corrigendum

 In paragraph 7.8 last line, "Sec tion IX.A.3" should read "Section IX.B.3".

 In footnote 613, "Article 21 of the Vienna Convention" should read "Article 27 of the Vienna
Convention".
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 24 March 2005
Document codes: WT/DS267/20; WT/DS267/AB/R; WT/DS267/R
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 21 March 2005, the Disput e Settlement Body adopted the Appellate Body
report on () and the Panel report
( and Corr.1, Add.1, Add.2 and Add.3), as modified by the Appellate Body report. The
Panel report should be read in conjunction with the Appellate Body report.

ÉTATS-UNIS – SUBVENTIONS CONCERNANT LE COTON UPLAND

Rapport de l'Organe d'appel et rapport du Groupe spécial

 À sa réunion du 21 mars 2005, l'Organe de rè glement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis – subventions concernant le coton upland" () et
l'Organe d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ESTADOS UNIDOS - SUBVENCIONES AL
ALGODÓN AMERICANO (UPLAND)

Actuación del Órgano de Solución de Diferencias

 En su reunión del 21 de marzo de 2005, el Ór gano de Solución de Diferencias adoptó el
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 26 June 2008
Document codes: WT/DS267/37; WT/DS267/AB/RW; WT/DS267/RW
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU

Action by the Dispute Settlement Body

 At its meeting on 20 June 2008, the Dispute Settlement Body adopted the Appellate Body
report on : Recourse to Article 21.5 of the DSU by Brazil
() and the Panel report ( and Corr.1), as modified by the
Appellate Body report. The Pane l report should be read in conj unction with the Appellate Body
report.

ÉTATS-UNIS – SUBVENTIONS CONCERNANT LE COTON UPLAND

Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5

 À sa réunion du 20 juin 2008, l'Organe de rè glement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire États-Unis – Subventions concernant le coton upland: Recours du Brésil
rapport du Groupe spécial ( et Corr.1), tel qu'il a été modifié par le rapport de
l'Organe d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ESTADOS UNIDOS - SUBVENCIONES AL ALGODÓN AMERICANO (UPLAND)
Actuación del Órgano de Solución de Diferencias
 En su reunión de 20 de junio de 2008, el Órgano de Solución de Diferencias adoptó el
Apelación.
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Request by the United States for Arbitration under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement
Date: 15 July 2005
Document codes: WT/DS267/23
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Request by the United States for Arbitration under Article 22.6 of the DSU

and Article 4.11 of the SCM Agreement

 The following communication, dated 14 July 2005, from the Delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU and
Article 4.11 of the SCM Agreement.

 Regarding the dispute United States - Subsidies on Upland Cotton (WT/DS267), my
authorities have instructed me to inform you that, pursuant to Article 4.11 of the Agreement on
Subsidies and Countervailing Measures (SCM Agreement) and Article 22.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU), the United States of America
objects to the appropriateness of the countermeasure s and the level of suspension of concessions or
other obligations proposed by Brazil in document In the view of the United States,
the countermeasures proposed are not appropriate within the meaning of Article 4.10 of the SCM
Agreement. Further, the level of suspension proposed is not equivalent to th e level of nullification or
impairment within the meaning of Article 22.7 of the DSU.

 In addition, Brazil has requested authorizati on to suspend concessions or other obligations
under another covered agreement pursu ant to Article 22.3(c) of the DSU. Pursuant to Article 22.6 of
the DSU, the United States claims that the princi ples and procedures set forth in DSU Article 22.3
have not been followed.

 Accordingly, as required by Article 22.6 of the DSU (and consequently Article 4.11 of the
SCM Agreement), "the matter shall be referred to arbitration."
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Request by the United States for Arbitration under Article 22.6 of the DSU and Article 7.10 of the SCM Agreement
Date: 18 October 2005
Document codes: WT/DS267/27
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Request by the United States for Arbitration under Article 22.6 of the DSU

and Article 7.10 of the SCM Agreement

 The following communication, dated 17 Oc tober 2005, from the delegation of the
United States to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to Article 22. 6
of the DSU and Article 7.10 of the SCM Agreement.

 Regarding the dispute (WT/DS267), my
authorities have instructed me to inform you that, pursuant to Article 22.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 7.10 of the Agreement
on Subsidies and Countervailing Measures (SCM Agreement), the United States of America objects
to the level of suspension of concessions or othe r obligations and the countermeasures proposed by
Brazil in document In the view of the United States, the countermeasures proposed
are not commensurate with the degree and nature of the adverse effects determined to exist within the
meaning of Article 7.9 of the SCM Agreement. Fu rther, the level of suspension proposed is not
equivalent to the level of nullification or impairment within the meaning of Article 22.7 of the DSU.

 In addition, Brazil has requested authorizati on to suspend concessions or other obligations
under other covered agreemen ts pursuant to Article 22.3(c) of the DSU. Pursuant to Article 22.6 of
the DSU, the United States claims that the princi ples and procedures set forth in DSU Article 22.3
have not been followed.

 Accordingly, as required by Article 22.6 of the DSU (and consequently Article 7.10 of the
SCM Agreement), "the matter shall be referred to arbitration".
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Document: Recourse to Arbitration by the United States under Article 22.6 of the DSU and Article 7.10 of the SCM Agreement Decision by the Arbitrator Corrigendum Paragraph 5.167, 3 rd sentence, should read: "The United States observes that medical sterilizers exported by Brazil exceed the imported amount from the United States in 2007 (US$4.6 million in exports,
Date: 31 August 2009
Document codes: WT/DS267/ARB/2/Corr.1
Complainant: Brazil
Respondent: U.S.
Third parties: Argentina, Australia, Benin, Canada, Chad, China, Taiwan, EU, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 5, 6  Subsidies and Countervailing Measures (SCM)Art. 3.3, 7.1, 8, 9.1, 10.1  AgricultureArt. III:4, XVI  GATT 1994

UNITED STATES – SUBSIDIES ON UPLAND COTTON

Recourse to Arbitration by the United States under Article 22.6 of the DSU

and Article 7.10 of the SCM Agreement

Decision by the Arbitrator

Corrigendum

Paragraph 5.167, 3
rd sentence, should read:

"The United States observes that medical sterilizers exported by Brazil exceed the
imported amount from the United States in 2007 (US$4.6 million in exports,
US$1.5 million in imports)."

* In English only.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Constitution of the Panel Established at the Request of Argentina Note by the Secretariat
Date: 9 September 2003
Document codes: WT/DS268/3; WT/DS268/2; WT/DS268/2
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
Constitution of the Panel Established at the Request of Argentina
Note by the Secretariat
1. At its meeting on 19 May 2003, the Dispute Settlement Body established a Panel pursuant to
the request by Argentina in document , in accordance with Article 6 of the Dispute
Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Argentina in document , the matter referred to the DSB by Argentina
in that 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 22 August 2003, Argentina requested the Director-General to determine the composition
of the 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 composition of the panel by appointing the
panelists whom the Director-General considers 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 the dispute, after consulting with the parties
to the dispute. The Chairman of the 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."
4. On 4 September 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Paul O'Connor
Members: Mr. Bruce Cullen
Dr. Faizullah Khilji
5. The European Communities, Japan, Korea, Mexico and Chinese Taipei reserved their third-
party rights.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Communication from the Chairman of the Panel
Date: 4 March 2004
Document codes: WT/DS268/4
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

Communication from the Chairman of the Panel

 The following communication, dated 4 Marc h 2004, addressed to the Dispute Settlement
Body (DSB), is circulated pursuant to Article 12.9 of the Dispute Settlement Understanding (DSU).

 Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed six
months.

 Article 12.9 of the DSU states that when a pane l considers that it cannot issue its report within
six months, it shall inform the DSB in writing of the reasons for the delay, together with an estimate
of the period within which it will issue its report.

 The Panel on United States-Sunset Reviews Of Anti- Dumping Measures On Oil Country
Tubular Goods From Argentina (DS268) was established by the DSB on 19 May 2003 and composed
on 4 September 2003.

 It will not, however, be possible for the Panel to complete its work in six months in light of
scheduling conflicts.

 The Panel expects to complete its work in June 2004.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS FROM ARGENTINA
Document: Communication from the Appellate Body
Date: 1 November 2004
Document codes: WT/DS268/6
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

Communication from the Appellate Body

 The following communication, dated 28 October 2004, from the Chairman of the Appellate
Body addressed to the Chair of the Dispute Settleme nt Body, is being circulated 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 gene ral rule, the Appellate Body
will circulate its report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Ar ticle 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its report within 60 days, it shall inform the Dispute
Settlement Body in writing of the reasons for the de lay together with an estimate of the period within
which it will submit its report.

 The United States notified the Dispute Settlement Body on 31 August 2004 of its decision to
appeal certain issues of law covered in the Pane l Report and legal interpre tations developed by the
Panel in this case, with the result that the 60-da y period expires on Monday, 1 November 2004. Due
to the time required for completion and translation of the Report, the Appellate Body will not be able
to circulate its Report by Monday, 1 November 2004. We estimate that the Appellate Body Report in
this appeal will be circulated to WTO Members no later than Monday, 29 November 2004.