dean22029/WTO_Docs huggingface dataset:
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Request to Join Consultations Communication from Mexico
Date: 5 June 2002
Document codes: WT/DS259/7; WT/DS258/1
Complainant: Brazil
Respondent: U.S.
Third parties: Canada, Taiwan, Cuba, Mexico, Thailand, Turkey, Venezuela
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4  SafeguardsArt. XIX:1, X:3  GATT 1994Art. 2.2, 3  SafeguardsArt. I:1  GATT 1994Art. 5  SafeguardsArt. XVI  Agreement Establishing the World Trade Organization  Agreement Establishing the World Trade Organization

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Request to Join Consultations
Communication from Mexico
The following communication, dated 31 May 2002, from the Permanent Mission of Mexico to
the Permanent Mission of the United States, the Pe rmanent Mission of Brazil and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
In accordance with Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I have the honour to inform you that Mexico wishes to be joined in the
consultations requested by New Zealand and Brazil, respectively under the symbols
and , "United States – Definitive Sa feguard Measures on Imports of Certain Steel
Products". In the light of various arguments put forward by New Zealand and Brazil, Mexico
considers that it has a substantial trade interest in this matter.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Acceptance by the United States of the Requests to Join Consultations China, the European Communities, Japan, Korea, Mexico and Norway notified the Dispute Settlement Body of their desire to be joined in  the consultations requested by Brazil, pursuant to Article 4.11 of the DSU. The Permanent Mission of the United States informed the Dispute Settlement Body that it had accepted the requests of China, the European Communities, Japan, Korea, Mexico and Norway to join consultations. ÉTATS-UNIS – MESURES DE SAUVEGARDE DÉFINITIVES À L'IMPORTATION DE CERTAINS PRODUITS EN ACIER Acceptation par les États-Unis des demandes de participation aux consultations La Chine, les Communautés européennes, la Corée, le Japon, le Mexique et la Norvège ont fait savoir à l'Organe de règlement des différends qu'ils désiraient participer aux consultations demandées par le Brésil, conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends.
Date: 12 June 2002
Document codes: WT/DS259/8
Complainant: Brazil
Respondent: U.S.
Third parties: Canada, Taiwan, Cuba, Mexico, Thailand, Turkey, Venezuela
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 4  SafeguardsArt. XIX:1, X:3  GATT 1994Art. 2.2, 3  SafeguardsArt. I:1  GATT 1994Art. 5  SafeguardsArt. XVI  Agreement Establishing the World Trade Organization  Agreement Establishing the World Trade Organization

UNITED STATES – DEFINITIVE SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Acceptance by the United States of the Requests to Join Consultations
China, the European Communities, Japan, Korea, Mexico and Norway notified the Dispute
Settlement Body of their desire to be joined in the consultations requested by Brazil, pursuant to
Article 4.11 of the DSU.
The Permanent Mission of the United States informed the Dispute Settlement Body that it had
accepted the requests of China, the European Communities, Japan, Korea, Mexico and Norway to join
consultations.
ÉTATS-UNIS – MESURES DE SAUVEGARDE DÉFINITIVES À
L'IMPORTATION DE CERTAINS PRODUITS EN ACIER
participation aux consultations
fait savoir à l'Organe de règlement des différends qu'ils désiraient participer aux consultations
différends.

ESTADOS UNIDOS - MEDIDAS DE SALVAGUARDIA DEFINITIVAS SOBRE
LAS IMPORTACIONES DE DETERMINADOS PRODUCTOS DE ACERO
China, las Comunidades Europeas, Corea, el Japón, México y Noruega notificaron al Órgano
La Misión Permanente de los Estados Unidos ha informado al Órgano de Solución de
Comunidades Europeas, Corea, el Japón, México y Noruega.
EUROPEAN COMMUNITIES – PROVISIONAL SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Request to Join Consultations Communication from Japan
Date: 11 June 2002
Document codes: WT/DS260/2
Complainant: U.S.
Respondent: EU
Third parties: Egypt, Japan, South Korea, Turkey
Dispute stage: Panel
Agreements cited: Art. 2.1, 3, 4.1, 4.2, 5, 6, 12.1, 12.4, 2.2  SafeguardsArt. I, XIX  GATT 1994

EUROPEAN COMMUNITIES – PROVISIONAL SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Request to Join Consultations
Communication from Japan
The following communication, dated 7 June 2002, from the Permanent Mission of Japan to
the Permanent Delegation of the European Communitie s, the Permanent Mission of the United States
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the Government of Japan hereby notifies the European
Communities that, in light of the substantial trade inte rest of Japan, it desires to be joined in the
consultations requested by the United States in a communication circulated to WTO Members on
5 June 2002 (, , ) titled "".
EUROPEAN COMMUNITIES – PROVISIONAL SAFEGUARD MEASURES ON IMPORTS OF CERTAIN STEEL PRODUCTS
Document: Acceptance by the European Communities of the Request to Join Consultations Japan notified the Dispute Settlement Body of its desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU. The Permanent Delegation of the European Commission informed the Dispute Settlement Body that it had accepted the request of Japan to join consultations. COMMUNAUTÉS EUROPÉENNES – MESURES DE SAUVEGARDE PROVISOIRES À L'IMPORTATION DE CERTAINS PRODUITS EN ACIER Acceptation par les Communautés européennes de la demande de participation aux consultations Le Japon a fait savoir à l'Organe de règlement des différends qu'il désirait participer aux consultations demandées par les États-Unis, conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends. La Délégation permanente de la Commission européenne a informé l'Organe de règlement des différends qu'elle avait accepté la demande de participation aux consultations présentée par le Japon.
Date: 8 July 2002
Document codes: WT/DS260/3
Complainant: U.S.
Respondent: EU
Third parties: Egypt, Japan, South Korea, Turkey
Dispute stage: Panel
Agreements cited: Art. 2.1, 3, 4.1, 4.2, 5, 6, 12.1, 12.4, 2.2  SafeguardsArt. I, XIX  GATT 1994

EUROPEAN COMMUNITIES – PROVISIONAL SAFEGUARD MEASURES
ON IMPORTS OF CERTAIN STEEL PRODUCTS
Acceptance by the European Communities of the Request to Join Consultations
Japan notified the Dispute Settlement Body of its desire to be joined in the consultations
requested by the United States, pursuant to Article 4.11 of the DSU.
The Permanent Delegation of the European Commission informed the Dispute Settlement
Body that it had accepted the request of Japan to join consultations.

COMMUNAUTÉS EUROPÉENNES – MESURES DE SAUVEGARDE PROVISOIRES
À L'IMPORTATION DE CERTAINS PRODUITS EN ACIER
Le Japon a fait savoir à l'Organe de règlement des différends qu'il désirait participer aux

COMUNIDADES EUROPEAS - MEDIDAS DE SALVAGUARDIA PROVISIONALES
La Delegación Permanente de la Comisión Europea ha informado al Órgano de Solución de
URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Document: Request to Join Consultations Communication from the European Communities
Date: 8 July 2002
Document codes: WT/DS261/2
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Request to Join Consultations
Communication from the European Communities
The following communication, dated 4 July 2002, from the Permanent Delegation of the
European Commission to the Permanent Mission of Uruguay, the Permanent Mission of Chile and to
the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the European Communities hereby notifies Uruguay
that, in light of its substantial trade interest, it de sires to be joined in the consultations requested by
Chile in a communication circulated to WTO Members on 26 June 2002 (, )
titled "".
The EC would be grateful of being informed of the date and venue of the consultations.
URUGUAY - TAX TREATMENT ON CERTAIN PRODUCTS
Document: Request to Join Consultations Communication from Mexico
Date: 29 July 2002
Document codes: WT/DS261/3
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY - TAX TREATMENT ON CERTAIN PRODUCTS
Request to Join Consultations
Communication from Mexico
The following communication, dated 5 July 2002, from the Permanent Mission of Mexico to
the Permanent Mission of Uruguay, the Permanent Mission of Chile and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I hereby notify Mexico's substantial trade interest and its desire to be
joined in the consultations requested by Chile in the above-mentioned case.
URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Document: Constitution of the Panel Established at the Request of Chile Note by the Secretariat
Date: 7 July 2003
Document codes: WT/DS261/5; WT/DS261/4.; WT/DS261/4
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Constitution of the Panel Established at the Request of Chile
Note by the Secretariat
1. At its meeting on 19 May 2003, the Dispute Sett lement Body (DSB) established a Panel in
accordance with Article 6 of the DSU to examine the matter referred to the DSB by Chile in
document
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
Chile in document , the matter referred to the DSB by Chile 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 4 July 2003, the parties agreed on the following composition of the Panel:
Chairman: Mr. Miguel Rodríguez Mendoza
Members: Mr. Cristian Espinosa Cañizares
Mr. Hernando J. Gómez
4. The European Communities, Mexico and the United States reserve their rights to participate
in the Panel proceedings as third parties.
URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Document: Communication from the Chair of the Panel
Date: 19 August 2003
Document codes: WT/DS261/6
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Communication from the Chair of the Panel
The following communication, dated 15 August 2003 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
Chile and Uruguay have jointly requested the Panel, pursuant to Article 12.12 of the DSU, to
suspend its work for a period of 60 days, until 12 October 2003, in order to provide an opportunity for
dialogue aimed at seeking a positive and bilateral solution to the dispute. The Panel has agreed to this
request and is suspending its work from 14 August to 12 October 2003. It will resume its work on
13 October 2003 unless Chile requests an extension of the suspension or the parties reach a positive
settlement of the dispute.
URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Document: Communication from the Chair of the Panel Addendum
Date: 15 October 2003
Document codes: WT/DS261/6/Add.1
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Communication from the Chair of the Panel
Addendum
The following communication, dated 12 October 2003 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
Chile and Uruguay have jointly requested the Panel, pursuant to Article 12.12 of the DSU, to
suspend its work for a further period of 60 days, until 11 December 2003, in order to continue the
dialogue aimed at seeking a positive and bilateral solution to the dispute. The Panel has agreed to this
request and is suspending its work from 13 October to 11 December 2003. It will resume its work on
12 December 2003 unless Chile requests an extension of the suspension or the parties reach a positive
settlement of the dispute.
URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS
Document: Communication from the Chair of the Panel Addendum
Date: 17 December 2003
Document codes: WT/DS261/6/Add.2
Complainant: Chile
Respondent: Uruguay
Third parties: EU, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994

URUGUAY – TAX TREATMENT ON CERTAIN PRODUCTS

Communication from the Chair of the Panel

Addendum

 The following communication, dated 11 Dece mber 2003 and addressed to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.

 Chile and Uruguay have jointly requested the Pa nel, pursuant to Article 12.12 of the DSU, to
suspend its work for a final additional period of 30 days, until 10 January 2004, in order to formalize a
mutually agreed solution over the coming days a nd notify it to the Dispute Settlement Body, in
accordance with Article 3.6 of the DSU. The Panel has agreed to this request and is suspending its
work from 12 December 2003 to 10 January 2004.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN STEEL PRODUCTS FROM FRANCE AND GERMANY
Document: Request to Join Consultations Communication from Canada
Date: 12 August 2002
Document codes: WT/DS262/2
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 1, 2, 3, 5, 6, 11, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. 10, 11, 12, 15, 21, 32  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING AND
COUNTERVAILING DUTIES ON CERTAIN STEEL PRODUCTS
FROM FRANCE AND GERMANY
Request to Join Consultations
Communication from Canada
The following communication, dated 7 August 2002, from the Permanent Mission of Canada
to the Permanent Mission of the United States, the Permanent Delegation of the European
Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada hereby notifies its desire to be joined in
consultations requested by the European Communities pursuant to Article 4 of the DSU,
Article XXII:1 of the General Agreement on Tariffs and Trade 1994, Article 17 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and Article 30 of
the Agreement on Subsidies and Countervailing Measures, with respect to the anti-dumping and
countervailing duties imposed by the United States on imports of corrosion-resistant carbon steel flat
products from France and Germany and on imports of cut-to-length carbon steel plate from Germany.
The relevant communication from the Permanent Delegation of the European Commission to the
Permanent Mission of the United States dated 25 July 2002 was circulated to WTO Members on
30 July 2002 (; ; ; ).
Canada has a substantial trade interest in these consultations as Canadian exports of carbon
steel products also were subject to the sunset review in question, which resulted in the continuation of
an anti-dumping order respecting corrosion-resi stant carbon steel flat products from Canada
(DOC Case No. A-122-822, USITC Case No. A-614, Publication No. 3364, November 2000).
Moreover, as a user and respondent in anti-dumping duty investigations, Canada has a substantial
trade interest in the issues that will be canvassed during these consultations. Specifically, the
appropriate standards that should be used to determine whether anti-dumping and/or countervailing
duty orders should be extended or revoked is of fundamental interest to Canada.
UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN STEEL PRODUCTS FROM FRANCE AND GERMANY
Document: Request to Join Consultations Communication from Japan
Date: 12 August 2002
Document codes: WT/DS262/3
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 1, 2, 3, 5, 6, 11, 18, Annex II  Anti-dumpingArt. VI, X  GATT 1994Art. 10, 11, 12, 15, 21, 32  Subsidies and Countervailing Measures (SCM)Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEWS OF ANTI-DUMPING AND
COUNTERVAILING DUTIES ON CERTAIN STEEL PRODUCTS
FROM FRANCE AND GERMANY
Request to Join Consultations
Communication from Japan
The following communication, dated 8 August 2002, from the Permanent Mission of Japan to
the Permanent Mission of the United States, the Permanent Delegation of the European Commission
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the Government of Japan hereby notifies the
United States that, in light of the substantial trade interest of Japan, it desires to be joined in the
consultations requested by the European Communities in a communication circulated to
WTO Members on 30 July 2002 (, , , ) titled
"".
UNITED STATES – FINAL DUMPING DETERMINATION ON  SOFTWOOD LUMBER FROM CANADA
Document: Constitution of the Panel Established at the Request of Canada Note by the Secretariat
Date: 5 March 2003
Document codes: WT/DS264/3; WT/DS264/2; WT/DS264/2
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 8 January 2003, the DSB established a panel in accordance with Article 6 of
the DSU to examine the matter referred to the DSB by Canada ().
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 Canada in document , the matter referred by Canada to the DSB 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 25 February 2003, the parties agreed to the following composition of the Panel:
Chairman: Mr. Harsha V. Singh
Members: Mr. Gerhard Hannes Welge
Mr. Adrian Makuc
4. The European Communities, India and Japan reserved their third-party rights.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Communication from the Chairman of the Panel
Date: 29 August 2003
Document codes: WT/DS264/4
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA
Communication from the Chairman of the Panel
The following communication, dated 25 August 2003, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).
Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.
Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settlement Body (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 (WT/DS264) was established by the DSB on 8 January 2003 and composed on
4 March 2003.
Due to the complexity of the matter, the Panel will not, however, be able to complete its work
in six months.
The Panel expects to issue its final report to the parties in December 2003.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Communication from the Chairman of the Panel
Date: 8 December 2003
Document codes: WT/DS264/5
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA
Communication from the Chairman of the Panel
The following communication, dated 2 December 2003, addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with 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 terms 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 panel 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 (WT/DS264) was established by the DSB on 8 January 2003 and composed on
4 March 2003.
Further to our communication to you of 29 August 2003 under Article 12.9, the Panel now
expects to issue its final report to the parties in February 2004.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Notification of an Appeal by the United States under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 18 May 2004
Document codes: WT/DS264/6
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Notification of an Appeal by the United States
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)

 The following notification, dated 13 May 2004, 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 20 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 () and certain legal interpretations developed by the Panel.

The United States seeks review by the Appellate Body of the Panel's legal conclusion in
paragraphs 7.224 and 8. 1(a)(i) of the Panel's Report, and the reasoning leading thereto. Therein, the
Panel found that the determination of the U.S. Department of Commerce was inconsistent with
Article 2.4.2 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs
and Trade 1994 inasmuch as it was based on a methodology whereby sales in the United States of
different models or types of merchandise at a bove their normal value were not accounted for by
offsetting or reducing the amount of dumping found to have occurred with respect to other models or
types (a methodology referred to by the Panel as "zer oing"). This finding is in error and is based on
erroneous findings on issues of law and related le gal interpretations contai ned in paragraphs 7.213
through 7.223 of the Panel's Report.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Communication from the Appellate Body
Date: 12 July 2004
Document codes: WT/DS264/7
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Communication from the Appellate Body

 The following communication, dated 8 July 2004, from the Chairman of the Appellate Body
addressed to the Chair 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 of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its report w ithin 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 Dispute Settlement Body on 13 May 2004 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 Monday, 12 July 2004. Due to the
time required for completion and translation of th e Report, the Appellate Body will not be able to
circulate its Report by Monday, 12 July 2004. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members no later than Wednesday, 11 August 2004.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Communication from the Appellate Body
Date: 13 August 2004
Document codes: WT/DS264/8; WT/DS264/AB/R.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Communication from the Appellate Body

 The following communication, dated 11 August 2004, from Mr. Georges Abi-Saab, Chairman
of the Appellate Body, addressed to the Chair 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.

 It is my honour to transmit to you the Report of the Appellate Body in , It will be circulated
to Members of the 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: Mr. A.V. Ganesan as Presiding Member; Mr. Luiz Olavo Baptista and Ms. Merit E. Janow, as
Members.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Surveillance of Implementation of Recommendations and Rulings Note by the Secretariat Acceptance of the Appointment as Arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes On 3 November 2004, the Director-General conve yed to Mr. John Lockhart a joint letter from the Permanent Mission of Canada and the Perm anent Mission of the United States, dated
Date: 8 November 2004
Document codes: WT/DS264/11
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Surveillance of Implementation of Recommendations and Rulings

Note by the Secretariat

Acceptance of the Appointment as Arbitrator under Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes

 On 3 November 2004, the Director-General conve yed to Mr. John Lockhart a joint letter from
the Permanent Mission of Canada and the Perm anent Mission of the United States, dated
1 November 2004, in which Canada and the United Stat es agreed that Mr. Lockha rt act as arbitrator
under Article 21.3(c) of the Understanding on Rules and Procedu res Governing the Settlement of
Disputes in the matter United States - Final Dumping Determination on Softwood Lumber from
Canada. In a letter dated 4 November 2004, Mr. Loc khart informed Canada and the United States
that he accepted the appointment as arbitrator.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Agreement under Article 21.3(b) of the DSU
Date: 8 December 2004
Document codes: WT/DS264/12
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 6 December 2004, from the delegation of Canada and
the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 Canada and the United States wish to inform you that, pursuant to Article 21.3(b) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), we have
mutually agreed that the reasonable period of time to implement the recommendations and rulings of
the Dispute Settlement Body in the above-referenced dispute shall be seven and one-half months, that
is from 31 August 2004 to 15 April 2005.

 In addition, we wish to inform you that, in light of our agreement, the proceeding under
Article 21.3(c) of the DSU is terminated. We wi sh to extend our appreciation and thanks to the
arbitrator for his efforts in this proceeding.

 We request that you circulate this notifica tion to the Members of the Dispute Settlement
Body.

 (signed) (signed)
 H.E. Mr Don Stephenson H.E. Ms Linnet F. Deily
 Ambassador Ambassador
 Permanent Representative of Canada Permanent Representative of the United States
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 13 December 2004
Document codes: WT/DS264/13
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD
LUMBER FROM CANADA

Arbitration
under Article 21.3(c) of the
Understanding on Rules and Procedures
Governing the Settlement of Disputes

Report of the Arbitrator
John Lockhart

1. On 31 August 2004, the Dispute Settlement Body (the "DSB") adopted the Appellate Body
Report1 and the Panel Report 2, as modified by the Appellate Body Report, in .3 At the DSB meeting of
27 September 2004, the United States confirmed its intention to implement the recommendations and
rulings of the DSB in this dispute and stated that it would require a "reasonable period of time" in
which to do so, pursuant to Article 21.3 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (the "DSU").4
2. On 18 October 2004, Canada informed the DSB that consultations with the United States had
not resulted in agreement on the reasonable period of time for implementation. Canada, therefore,
requested that such period be determined by bindi ng arbitration, in accordance with Article 21.3(c) of
the DSU.
5
3. Canada and the United States were unable to ag ree on an arbitrator within 10 days of the
matter being referred to ar bitration. On 29 October 2004, Canada requested the Director-General to
appoint an arbitrator to determine a reasonable period of time for implementation, pursuant to
footnote 12 to Article 21.3(c) of the DSU. In a joint letter dated 1 November 2004, Canada and the
United States indicated that in discussions that t ook place following Canada's request to the Director-
General, they had "determined that [I] would be a mutually acceptable arbitrator." Accordingly,
Canada withdrew its request of 29 October 2004 a nd both parties requested the Director-General to
convey to me their agreement that I act as arbitrat or in this matter. I informed the parties of my
acceptance of the appointment by letter dated 4 November 2004.6
4. Canada and the United States provided their written submissions on 19 November 2004.

1Appellate Body Report, WT/DS264/AB/R.
2Panel Report, WT/DS264/R.
3WT/DS264/9.
4WT/DSB/M/176, para. 34.
5WT/DS264/10.
6WT/DS264/11.

5. By a joint letter dated 6 December 2004, 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 8th of December 2004 by:

John Lockhart
Arbitrator
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 15 December 2004
Document codes: WT/DS264/14; WT/DS264/13.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Arbitration under Article 21.3(c) of the Understanding

on Rules and Procedures Governing the Settlement of Disputes

 The following communication, dated 13 December 2004, from the Arbitrator,
Mr. John Lockhart, to the Chair of the Dispute Sett lement Body, is circulated in accordance with
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am pleased to send you a copy of my Report of the Arbitrator in , It will be circulated to
the Members of the WTO later today. It is a confidential document until its circulation.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Modification of the Agreement under Article 21.3(b) of the DSU
Date: 17 February 2005
Document codes: WT/DS264/15
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION ON
SOFTWOOD LUMBER FROM CANADA

Modification of the Agreement under Article 21.3(b) of the DSU

 The following communication, dated 14 Februa ry 2005, from the delegation of Canada and
the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

 Canada and the United States wish to inform you that we have mutually agreed to modify the
"reasonable period of time" for implementation of the recommendations and rulings of the Dispute
Settlement Body in the above-referenced dispute, which was originally established pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
so as to expire on 2 May 2005.

 We request that you circulate this notifica tion to the Members of the Dispute Settlement
Body.

 (signed) (signed)
 H.E. Mr Don Stephenson H.E. Ms Linnet F. Deily
 Ambassador Ambassador
 Permanent Representative of Canada Perm anent Representative of the United States
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Recourse to Article 21.5 of the DSU by Canada Constitution of the Panel Note by the Secretariat
Date: 10 June 2005
Document codes: WT/DS264/20; WT/DS264/16.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA

Recourse to Article 21.5 of the DSU by Canada

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 1 June 2005, the Dispute Settleme nt Body (DSB) referred this dispute, if
possible, to the original Panel in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU) to examine the matter re ferred to the DSB by Canada in document

2. At that meeting, the parties to the dispute al so 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 Canada in document , the ma tter referred to the DSB by Canada 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 3 June 2005, the formalities in composing the Panel were completed and the Panel was
composed as follows:
Chairman: Mr Harsha V. Singh
 Members: Mr Gerhard Hannes Welge
 Mr Adrián Makuc

4. China, the European Communities, India and Japan have reserved their rights to participate in
the Panel proceedings as third parties.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Recourse to Article 21.5 of the DSU by Canada Constitution of the Panel Note by the Secretariat Revision
Date: 15 June 2005
Document codes: WT/DS264/20/Rev.1; WT/DS264/16.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA

Recourse to Article 21.5 of the DSU by Canada

Constitution of the Panel

Note by the Secretariat

Revision

1. At its meeting on 1 June 2005, the Dispute Settleme nt Body (DSB) referred this dispute, if
possible, to the original Panel in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU) to examine the matter re ferred to the DSB by Canada in document

2. At that meeting, the parties to the dispute al so 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 Canada in document , the ma tter referred to the DSB by Canada 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 3 June 2005, the formalities in composing the Panel were completed and the Panel was
composed as follows:
Chairman: Mr. Harsha V. Singh
Members: Mr. Gerhard Hannes Welge
 Mr. Adrián Makuc

4. China, the European Communities, India, Jap an, New Zealand and Thailand have reserved
their rights to participate in the Panel proceedings as third parties.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Recourse to Article 21.5 of the DSU by Canada Constitution of the Panel Note by the Secretariat Revision
Date: 17 June 2005
Document codes: WT/DS264/20/Rev.2; WT/DS264/16.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA

Recourse to Article 21.5 of the DSU by Canada

Constitution of the Panel

Note by the Secretariat

Revision

1. At its meeting on 1 June 2005, the Dispute Settleme nt Body (DSB) referred this dispute, if
possible, to the original Panel in accordance with Article 21.5 of the Dispute Settlement
Understanding (DSU) to examine the matter re ferred to the DSB by Canada in document

2. At that meeting, the parties to the dispute al so 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 Canada in document , the ma tter referred to the DSB by Canada 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 3 June 2005, the formalities in composing the Panel were completed and the Panel was
composed as follows:
Chairman: Mr. Harsha V. Singh
Members: Mr. Gerhard Hannes Welge
 Mr. Adrián Makuc

4. China, the European Communities, India, Jap an, New Zealand and Thailand have reserved
their rights to participate in the Panel proceedings as third parties.
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Recourse by the United States to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 15 June 2005
Document codes: WT/DS264/21
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA

Recourse by the United States to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

1. At the meeting of the Dispute Settlement Body (DSB) on 1 June 2005, it was agreed that the
matter raised by the United States in document WT/D S264/19 was referred to arbitration, as required
by Article 22.6 of the DSU.

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 oblig ations within 30 days of the expiry of the
reasonable period of time unless the DSB decid es by consensus to reject the request.
However, if the Member concerned 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 party has requested authorization to suspend concessions or other obligations
pursuant to paragraph 3(b) or (c), the matter sha ll be referred to arbitration. Such arbitration
shall be carried out by the original panel, if members are available, or by an arbitrator
1
appointed by the Director-Gener al and shall be completed with in 60 days after the date of
expiry of the reasonable period of time. C oncessions or other obligations shall not be
suspended during the course of the arbitration".

3. The Arbitration will be carried out by the original panel, namely:

 Chairperson: Mr. Harsha V. Singh

 Members: Mr. Gerhard Hannes Welge
 M r . A d r i á n M a k u c
UNITED STATES – FINAL DUMPING DETERMINATION ON SOFTWOOD LUMBER FROM CANADA
Document: Recourse by the United States for Arbitration under Article 22.6 of the DSU Communication from the Arbitrator
Date: 16 June 2005
Document codes: WT/DS264/22
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, India, Japan, New Zealand, Thailand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 1, 2, 4, 5, 9  Anti-dumpingArt. VI  GATT 1994Art. 18  Anti-dumping

UNITED STATES – FINAL DUMPING DETERMINATION
ON SOFTWOOD LUMBER FROM CANADA

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

Communication from the Arbitrator

 The following communication, dated 10 June 200 5, has been received from the delegation of
the United States and the delegation of Canada and addressed to Mr. Harsha V. Singh, Chairman of
the arbitrators.

 On 19 May 2005, Canada requested that th e WTO Dispute Settlement Body establish a panel
under Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) and simultaneously requested authorization under Article 22.2 of the DSU to suspend
concessions or other obligations with respect to th e United States. The United States objected to the
Canadian Article 22.2 request on 31 May 2005 . Th e matter has been referred to arbitration pursuant
to Article 22.6 of the DSU. The United St ates and Canada understand that you and the other
arbitrators have also accepted to serve as panelists in the Article 21.5 compliance proceeding. In
accordance with paragraph 5 of the "Agreed Procedures under Articles 21 and 22 of the Dispute
Settlement Understanding Applicable to the WTO Dispute: (WT/DS264)," dated 27 May 2005
(), the United States and Canada request that the Article 22.6 arbitration proceedings be
suspended until either party requests their re sumption following adoption by the DSB of the
recommendations and rulings in the Article 21.5 compliance proceedings.

 In accordance with the joint request by the parties, the Arbitrator has suspended the
arbitration proceeding.