UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Report of the Arbitrator Yasuhei Taniguchi
Date: 26 July 2002
Document codes: WT/DS202/17
Complainant: South Korea
Respondent: U.S.
Third parties: Australia, Canada, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. 2, 3, 4, 5, 7.1, 8  SafeguardsArt. I, XIII, XIX  GATT 1994Art. 11, 12, 9.1  Safeguards

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON
IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE
FROM KOREA
Arbitration
under Article 21.3(c) of the
Understanding on Rules and Procedures
Governing the Settlement of Disputes
Report of the Arbitrator
Yasuhei Taniguchi

1. On 8 March 2002, the Dispute Settlement Body (the "DSB") adopted the Appellate Body
Report 1 and the Panel Report 2, as modified by the Appellate Body Report, in
("US – Line Pipe "). 3 At the DSB meeting of 5 April 2002, the United States informed the DSB,
pursuant to Article 21.3 of the Understanding on Rules and Proce dures Governing the Settlement of
Disputes (the "DSU"), that it would implement the recommendations and rulings of the DSB in this
dispute in a manner that respects its obligations and that it would require a "reasonable period of time"
to do so, pursuant to the terms of Article 21.3 of the DSU.
 4
2. In view of the parties' inability to reach an agreement on the period of time reasonably
required for implementation of those recommendations and rulings, Korea requested, in a letter dated
29 April 2002, that such period be determined by binding arbitration pursuant to Article 21.3(c) of the
DSU.
 5
3. In the absence of an agreement between the parties on the appointment of an arbitrator within
10 days after referring the matter to arbitration, Korea requested, in a letter dated 13 May 2002, the
Director-General of the (the "WTO") to appoint the arbitrator, as provided
for in footnote 12 to Article 21.3(c) of the DSU. After consultations with the parties, the Director-
General decided, on 23 May 2002, to appoint me as the arbitrator in this matter.
 6 On the same day,
the parties were informed of my acceptance of the designation as arbitrator.
4. In subsequent letters to me, the parties indicated that they agreed to extend the deadline for
completion of the arbitration to 12 July 2002. Notwithstanding this extension of the 90-day time
period stipulated in Article 21.3(c) of the DSU, th e parties confirmed that the arbitration award shall
be deemed to be an award issued under Article 21.3(c) of the DSU.
7
5. Written submissions were received from the United States and Korea on 3 June 2002, and an
oral hearing was held on 12 June 2002.
6. By joint letter of 12 July 2002, the parties requested that I delay the issuance of the award
until 22 July 2002, in order to allow time for additional bilateral discussions. The parties also

1Appellate Body Report, WT/DS202/AB/R, adopted 8 March 2002.
2Panel Report, WT/DS202/R, adopted 8 March 2002, as modified by the Appellate Body Report,

3WT/DS202/13.
4WT/DSB/M/122.
5WT/DS202/14.
6WT/DS202/16.
7Korea's letter of 30 May 2002; United States' letter of 3 June 2002.

confirmed that should the arbitration award be issued on 22 July 2002, it would be deemed to be an
award issued pursuant to Article 21.3(c) of the DSU.
7. I informed the parties by letter dated 12 July 2002 that I agreed to delay the issuance of the
award until 22 July 2002, to give the parties a further opportunity to seek agreement on a reasonable
period of time for compliance in this matter.
8. Additional joint requests for delay were received on 19 and 22 July 2002, wherein the parties
requested that the award pursuant to Article 21.3(c) of the DSU be delayed until 24 July 2002 and
26 July 2002, respectively. I informed the parties by letters dated 19 and 22 July 2002 that I agreed to
the requests.
9. By letters dated 24 July 2002, the parties informed me that they had reached agreement on the
reasonable period of time for compliance in this matter. Under the circumstances, it will not be
necessary for me to issue an award in this arbitration.
Signed in the original at Geneva this 24th day of July 2002 by:
Yasuhei Taniguchi
Arbitrator