UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 11 May 2007
Document codes: WT/DS322/21
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

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

Report of the Arbitrator
Florentino P. Feliciano

1. On 23 January 2007, 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 20 February 2007, the
United States confirmed its intention to implemen t 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 29 March 2007, Japan informed the DSB that consultations with the United States had not
resulted in agreement on the reasonable period of time for implementation. Japan, therefore,
requested that such period be determined by bindin g arbitration, in accordance with Article 21.3(c) of
the DSU.5
3. Japan and the United States were unable to agree on an arbitrator within 10 days of the matter
being referred to arbitration. Therefore, by le tter dated 17 April 2007, Japan requested that the
Director-General appoint an arbitrator pursuant to footnote 12 to Article 21.3(c) of the DSU. In a
joint letter dated 25 April 2007, Japan and the Unite d States communicated to the Chairman of the
DSB their agreement that, notwithstanding the 90-day period for arbitration described in
Article 21.3(c) of the DSU (which had expired on 24 April 2007), an arbitration award issued within
60 days after the date of the appointment of the ar bitrator would be deemed by the parties to be the
award of the arbitrator under Article 21.3(c) of the DSU. 6 The Director-General appointed me as
arbitrator on 27 April 2007, after consulting the parties. 7 On the same day, I informed the parties of
my acceptance of the appointment.
4. By joint letter dated 4 May 2007, the parties in formed me that they had reached agreement on
the reasonable period of time for implementation in this matter and, accordingly, Japan no longer
seeks to have the reasonable period of time determined by binding arbitration pursuant to
Article 21.3(c) of the DSU. 8 Under the circumstances, it will not be necessary for me to issue an
award in this arbitration.

1WT/DS322/AB/R.
2WT/DS322/R.
3WT/DS322/15.
4WT/DSB/M/226, para. 34.
5WT/DS322/17.
6WT/DS322/18.
7WT/DS322/19.
8See also WT/DS322/20.

Signed in the original at Manila this 8th day of May 2007 by:

Florentino P. Feliciano
Arbitrator