dean22029/WTO_Docs huggingface dataset:
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Canada
Date: 27 June 2000
Document codes: WT/DS200/8
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Canada
The following communication, dated 23 June 2000, 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 Permanent Delegation of the European Commission pursuant to
Article 4 of the DSU and Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT
1994), with regard to Section 306 of the Trade Act of 1974, as last amended by Section 407 of the
Trade and Development Act of 2000 (Public La w 106-200). The 5 June 2000 communication from
the Permanent Delegation of the European Commission to the Permanent Mission of the United States
was circulated to WTO Members on 13 June 2000 (; ).
Canada has a substantial trade interest in the consultations. In Canada's view, "trade interest"
in Article 4.11 is not limited to an immediate commercial interest but rather is wide enough to
encompass both commercial and systemic interests. As a frequent participant in DSU dispute
settlement proceedings, Canada has a significant trade interest in the proper interpretation of the
provisions of the WTO Agreement cited by the European Communities in its request for
consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Panama
Date: 27 June 2000
Document codes: WT/DS200/9
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Panama
The following communication, dated 22 June 2000, from the Permanent Mission of Panama
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.
I am writing to request that the Republic of Panama be joined, pursuant to Article 4 of the
Dispute Settlement Understanding, in the consultations requested by the European Communities by
communication of 5 June 2000, circulated to WTO Members on 13 June 2000, with the designations
 and
The Republic of Panama has a substantial trade interest in these consultations, insofar as the
subject-matter – the so-called carrousel legislation – may directly affect the resolution of the various
banana disputes with the European Communities. As you know, the Republic of Panama is a
substantial supplier of bananas to the European market.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Australia
Date: 28 June 2000
Document codes: WT/DS200/10; WT/DS200/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Australia
The following communication, dated 23 June 2000, from the Permanent Mission of Australia
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.
I refer to the request for consultations by the European Communities with respect to
"" ()
which was circulated to Members on 13 June 2000.
Australia has a substantial trade interest in these consultations:
- Australia exported some $A 8,414 million of goods and $A 4,645 million of services to the
United States in 1999;
- Australia is a significant exporter of raw material inputs to the European Communities and to
other Members which export to the United States. Marketing plans and supply arrangements
of those raw material markets could be affected by changes to the lists of products subject to
the suspension of concessions by the United States;
- Australia has a systemic interest in the security and predictability of the multilateral trading
system, including any clarification of WTO rights on the suspension of concessions.
Given Australia's substantial interest in this matter, I have been instructed by my authorities to
request, pursuant to Article 4.11 of the DSU, that Australia be joined in the consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Request to Join Consultations Communication from Saint Lucia
Date: 5 July 2000
Document codes: WT/DS200/11; WT/DS200/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Request to Join Consultations
Communication from Saint Lucia
The following communication, dated 28 June 2000, from the Permanent Representation of
Saint Lucia 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.
I refer to the request by the European Commun ities for consultations with the United States
with regard to Section 306 of the Trade Ac t of 1974 and amendments thereto (Document
 of 13 June 2000).
Saint Lucia has a substantial interest in the matter under review and pursuant to Article 4.11
of the DSU, hereby gives notice of its desire to be joined in the consultations.
UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974 AND AMENDMENTS THERETO
Document: Communication from the Chairman of the Dispute Settlement Body The Chairman of the Dispute Settlement Body sent the following reply, dated 17 July 2000, to the communication from Japan contained in document WT/DS200/12.
Date: 3 August 2000
Document codes: WT/DS200/13; WT/DS200/12.
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 3.2, 21.5, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SECTION 306 OF THE TRADE ACT OF 1974
AND AMENDMENTS THERETO
Communication from the Chairman of the Dispute Settlement Body
The Chairman of the Dispute Settlement Body sent the following reply, dated 17 July 2000, to
the communication from Japan contained in document
Thank you for your letter of 10 July enquiring about the US's responses to requests made by
various WTO Members to be joined into ongoing consultations (pursuant to Article 4.11 of the DSU)
in the dispute mentioned above.
Enclosed are photocopies of responses sent by the United States to the Members who had
requested participation in the consultations pursuant to Article 4.11, as copied to me.1
With reference to your comments regarding the need to circulate not only requests for
consultations (Article 4.3 of the DSU) and requests to be joined in consultations (Article 4.11 of the
DSU), but also the various responses to such requests to be joined into consultations, I have looked
into the matter and advised the Secretariat that it shou ld resort to its previous practice of circulating a
Note identifying Members accepted to participate in consultations pursuant to Article 4.11 of the
DSU, where such information has been made available to the Secretariat. You recall that pursuant to
the wording of Article 4.11, third-party Members may participate in such cons ultations only with the
approval (acceptance) of the defending Member. Members which are refused the right to participate
in such consultations may always, of course, request their own consultations with the defendant, who
may then decide to coordinate the consultations in both disputes.
I agree with you that transparency would be further increased if all responses were circulated
in their entirety and that the DSB has an interest in finding out which Members have been invited for
such consultations. However, although a practice has developed of notifying the Chairman of the
DSB or the Secretariat of (negative and positive) responses, there is no obligation to notify the DSB
of any refusal to have a third-party join into consultations. In this context and in light of the
Secretariat's overload of translation work and the important number of such requests to be joined in
consultations, I hope you will agree that the circulation of even just the names of Members accepted
to join in consultations will be a considerable practical improvement.
I hope this suggestion is to your satisfaction. If not, I should be happy to discuss the matter
further with you.
NICARAGUA – MEASURES AFFECTING IMPORTS FROM HONDURAS AND COLOMBIA
Document: Request for Consultations by Honduras
Date: 13 June 2000
Document codes: WT/DS201/1; G/L/387; S/L/85
Complainant: Honduras
Respondent: Nicaragua
Dispute stage: Consultation
Agreements cited: Art. II, XVI  Services (GATS)Art. I, II  GATT 1994

NICARAGUA – MEASURES AFFECTING IMPORTS FROM
HONDURAS AND COLOMBIA
Request for Consultations by Honduras
The following communication, dated 6 June 2000, from the Permanent Mission of Honduras
to the Permanent Mission of Nicaragua and to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
In accordance with the provisions of GATT Article XXII, GATS Article XXII and Article 4
of the Understanding on Rules and Procedures Gove rning the Settlement of Disputes, (DSU), the
Government of Honduras requests consultations with the Government of Nicaragua concerning
Law 325 of 1999 establishing a tax on goods and services coming from or originating in Honduras or
Colombia, as well as Implementing Decree 129-99 and Ministerial Order 041-99.
The Government of Honduras considers that the measures established under Law 325
Establishing a Tax on Goods and Services Coming from or Originating in Honduras or Colombia, and
Implementing Decree 129-99 are inconsistent with the obligations of the Government of Nicaragua
under the GATT 1994, in particular Articles I and II thereof, and that these provisions and Ministerial
Order 041-99 are inconsistent with Articles II and XVI of the General Agreement on Trade in
Services (GATS) and nullify or impair the benefits accruing to Honduras under these provisions of the
GATT 1994 and the GATS.
We should appreciate a prompt reply concerning the holding of these consultations, as well as
an indication of the date and place to be established by mutual agreement. As you know, the
consultations must take place within a period of no more than 30 days from the submission of this
request.
NICARAGUA – MEASURES AFFECTING IMPORTS FROM HONDURAS AND COLOMBIA
Document: Request to Join Consultations Communication from the European Communities
Date: 22 June 2000
Document codes: WT/DS201/2; WT/DS201/1; G/L/387; S/L/85
Complainant: Honduras
Respondent: Nicaragua
Dispute stage: Consultation
Agreements cited: Art. II, XVI  Services (GATS)Art. I, II  GATT 1994

NICARAGUA – MEASURES AFFECTING IMPORTS FROM
HONDURAS AND COLOMBIA
Request to Join Consultations
Communication from the European Communities
The following communication, dated 20 June 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of Nicaragua, the Permanent Mission of Honduras
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.
I refer to the "Request for Consultations by Honduras" with respect to "Nicaragua - Measures
Affecting Imports from Honduras and Colombia " (, , ) which has been
circulated on 13 June 2000.
The European Communities request, pursuant to Article 4.11 of the DSU, to be joined in the
consultations.
We would be grateful of being informed of the date and venue of the consultations.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Request for Consultations by Korea
Date: 15 June 2000
Document codes: WT/DS202/1; G/L/388; G/SG/D10/1
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
Request for Consultations by Korea
The following communication, dated 13 June 2000, from the Permanent Mission of Korea to
the Permanent Mission of the United States and to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of the
United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, Article XXII:1 of the General Agreement on Tariffs and Trade 1994
(GATT 1994) and Article 14 of the Agreement on Sa feguards regarding the definitive safeguard
measure imposed by the United States on imports of circular welded carbon quality line pipe (line
pipe).
On 18 February 2000, the United States proclaimed a definitive safeguard measure on imports
of line pipe (subheadings 7306.10.10 and 7306.10.50 of the Harmonized Tariff Schedule of the
United States). In the said proclamation, the United States announced the proposed date of
introduction of the measure is 1 March 2000 and that the measure is expected to be in effect for
three years and one day. The Republic of Korea considers that the US procedures and determinations
that led to the imposition of the safeguard measure as well as the measure itself contravene various
provisions contained in the Agreement on Safeguards and GATT 1994. In particular, the Republic of
Korea is of the view that the United States measure is inconsistent with its obligations under:
(1) Articles 2, 3, 4, 5, 11 and 12 of the Agreement on Safeguards; and
(2) Articles I, XIII and XIX of GATT 1994.
We look forward to receiving your reply to the present request and to setting a mutually
convenient date for consultations.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Request to Join Consultations Communication from the European Communities
Date: 26 June 2000
Document codes: WT/DS202/2; WT/DS202/1; G/L/388; G/SG/D10/1
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
Request to Join Consultations
Communication from the European Communities
The following communication, dated 21 June 2000, from the Permanent Delegation of the
European Commission to the Permanent Mission of the United States, the Permanent Mission of
Korea and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
I refer to the request for consultations by Korea with respect to ""
(, , ) which has been circulated on 15 June 2000.
Due to their substantial trade interest, th e European Communities request, pursuant to
Article 4.11 of the DSU, to be joined in the consultations.
We would be grateful of being informed of the date and venue of the consultations.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Request to Join Consultations Communication from Japan
Date: 27 June 2000
Document codes: WT/DS202/3
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
Request to Join Consultations
Communication from Japan
The following communication, dated 23 June 2000, from the Permanent Mission of Japan to
the Permanent Mission of the United States, the Pe rmanent Mission of Korea 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 Japan hereby notifies the Government of the
United States that, in light of the substantial trade interest of Japan it desires to be joined in the
consultations requested by the Republic of Korea in a communication circulated to WTO Members on
15 June 2000 (, , ) entitl ed "".
Japan has a substantial trade interest in the matter that is the subject of the request by Korea in
light of the large trade volume between Japan and the United States.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Constitution of the Panel Established at the Request of Korea Note by the Secretariat
Date: 22 January 2001
Document codes: WT/DS202/5; WT/DS202/4.; WT/DS202/4
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
Constitution of the Panel Established at the Request of Korea
Note by the Secretariat
1. At its meeting on 23 October 2000, the Dispute Settlement Body (DSB) established a Panel in
accordance with the request made by Korea 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 Korea in document , the matter referred to the DSB by Korea 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 12 January 2001, Korea 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. The Director-General composed the Panel as follows:
Chairman: Mr. Dariusz Rosati
Members: Mr. Roberto Azevedo
Mr. Eduardo Bianchi
5. Australia, Canada, the European Communities, Japan and Mexico have reserved their rights
to participate in the panel proceedings as third parties.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Communication from the Chairman of the Panel
Date: 16 July 2001
Document codes: WT/DS202/6
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
Communication from the Chairman of the Panel
The following communication, dated 12 July 2001, addressed to the Dispute Settlement Body
(DSB), 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 "" was established by the DSB on 23 October 2000 and
composed on 22 January 2001.
However, it will not be possible for the Panel to complete its work in six months due to the
parties' wish to use the maximum time periods prescribed in Appendix 3 of the DSU.
The Panel expects to complete its work by early September 2001.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
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: 6 November 2001
Document codes: WT/DS202/7
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
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 6 November 2001, sent by the Permanent Mission of the
United States to the Dispute Settlement Body (DSB), is circulated to Members. This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the
Working Procedures for Appellate Review.
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 appeal to the Appellate Body certain findings of law and
legal interpretations contained in the Panel Report in (). The United
States seeks review by the Appellate Body of th e following Panel’s conclusions that are based upon
erroneous findings on issues of law and on related legal interpretations:
1) That the United States acted inconsistently with Articles 3.1 and 4.2(c) of the
Agreement on Safeguards by failing to include in its published report a finding or
reasoned conclusion either (1) that increased imports have caused serious injury, or
(2) that increased imports are threatening to cause serious injury.
2) That the United States acted inconsistently with Article 4.2(b) of the Agreement on
Safeguards by failing to establish a causal link between increased imports and the
serious injury, or threat thereof.
3) That the United States acted inconsistently with its obligations under Article 12.3 of
the Agreement on Safeguards by failing to provide an adequate opportunity for prior
consultations with Members having a substantial interest as exporters of line pipe.
4) That the United States acted inconsistently with its obligations under Article 8.1 of
the Agreement on Safeguards to endeavor to maintain a substantially equivalent
level of concessions and other obligations.
5) That the United States applied the line pipe safeguard to developing countries whose
imports do not exceed the individual and collective thresholds in Article 9.1 of the
Agreement on Safeguards.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Withdrawal of Appeal by the United States in accordance with Rule 30(1) of the  Working Procedures for Appellate Review
Date: 13 November 2001
Document codes: WT/DS202/8; WT/DS202/7
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
Withdrawal of Appeal by the United States
in accordance with Rule 30(1) of the Working Procedures for Appellate Review
The following notification, dated 13 November 2001, from the Permanent Mission of the
United States to the Chairman of the Appellate Body and to the Chairman of the Dispute Settlement
Body, is circulated to Members.
For scheduling reasons, the United States hereby withdraws its November 6, 2001 notice of
appeal () in the above-referenced case. This withdrawal is made pursuant to Rule 30 of
the Working Procedures for Appellate Review, and is conditional on the right of the United States to
file a new notice of appeal pursuant to Rule 20 of the Working Procedures.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
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: 19 November 2001
Document codes: WT/DS202/9
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
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 19 November 2001, sent by the Permanent Mission of the
United States to the Dispute Settlement Body (DSB), is circulated to Members. This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to the
Working Procedures for Appellate Review.
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 re-file its appeal to the Appellate Body of certain findings
of law and legal interpretations contained in the Panel Report in ().
The United States seeks review by the Appellate Body of the following Panel's conclusions that are
based upon erroneous findings on issues of law and on related legal interpretations:
1) That the United States acted inconsistently with Articles 3.1 and 4.2(c) of the
Agreement on Safeguards by failing to include in its published report a finding or
reasoned conclusion either (1) that increased imports have caused serious injury, or
(2) that increased imports are threatening to cause serious injury.
2) That the United States acted inconsistently with Article 4.2(b) of the Agreement on
Safeguards by failing to establish a causal link between increased imports and the
serious injury, or threat thereof.
3) That the United States acted inconsistently with its obligations under Article 12.3 of
the Agreement on Safeguards by failing to provide an adequate opportunity for prior
consultations with Members having a substantial interest as exporters of line pipe.
4) That the United States acted inconsistently with its obligations under Article 8.1 of
the Agreement on Safeguards to endeavor to maintain a substantially equivalent
level of concessions and other obligations.
5) That the United States applied the line pipe safeguard to developing countries whose
imports do not exceed the individual and collective thresholds in Article 9.1 of the
Agreement on Safeguards.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Communication from the Appellate Body
Date: 20 November 2001
Document codes: WT/DS202/10
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
Communication from the Appellate Body
The following communication, dated 20 November 2001, from the Chairman of the Appellate
Body, Mr. Claus-Dieter Ehlermann, to the Ch airman of the Dispute Settlement Body,
Mr. Roger Farrell, is circulated in accordance with Rule 15 of the Working Procedures for Appellate
Review.
The term of office of Mr. Julio Lacarte-Muró expires on 10 December 2001.
Mr. Lacarte-Muró is Member of the Division currently hearing the appeal in .
The Appellate Review proceedings in this appeal will not be completed by the date of expiry of
Mr. Lacarte-Muró's term on 10 December 2001, but will be completed by 15 February 2002.
Rule 15 of the Working Procedures for Appellate Review provides:
A person who ceases to be a Member of the Appellate Body may,
with the authorization of the Appellate Body and upon notification
to the DSB, complete the disposition of any appeal to which that
person was assigned while a Member, and that person shall, for that
purpose only, be deemed to continue to be a Member of the
Appellate Body.
The Appellate Body has authorized Mr. Lacarte-Muró to complete the disposition of this
appeal.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Communication from the Appellate Body
Date: 18 January 2002
Document codes: WT/DS202/11
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
Communication from the Appellate Body
The following communication, dated 18 January 2002, 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 after 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 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 Dispute Settlement Body of its decision to appeal certain issues
of law covered in the Panel Report and legal interpretations developed by the Panel in this case on
19 November 2001, with the result that the 60-day period will expire on Friday, 18 January 2002.
Due to the time required for completion and translation of the Report, the Appellate Body will not be
able to circulate its Report by Friday, 18 January 2002. We estimate that the Appellate Body Report
in this appeal will be circulated to WTO Members no later than Friday, 15 February 2002.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Communication from the Appellate Body
Date: 15 February 2002
Document codes: WT/DS202/12; WT/DS202/AB/R.
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
Communication from the Appellate Body
The following communication, dated 15 February 2002, from Mr. James Bacchus, 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.
It is my honour to transmit to you the Report of the Appellate Body in ,
 It will be circulated to Members of the later 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. Julio Lacarte-Muró, as Presiding Member;
Mr. Georges Abi-Saab, and myself, as Members.
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Appointment of Arbitrator by the Director-General Note by the Secretariat On 23 May 2002, pursuant to the request by Korea of 13 May 2002, the Director-General appointed Mr. Yasuhei Taniguchi to act as arbitrator under Article 21.3(c) of the  Understanding on Rules and Procedures Governing the Settlement of Disputes   in the matter  United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea.
Date: 29 May 2002
Document codes: WT/DS202/16
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
Appointment of Arbitrator by the Director-General
Note by the Secretariat
On 23 May 2002, pursuant to the request by Korea of 13 May 2002, the Director-General
appointed Mr. Yasuhei Taniguchi to act as arbitrator under Article 21.3(c) of the Understanding on
Rules and Procedures Governing the Settlement of Disputes in the matter .
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
Date: 31 July 2002
Document codes: WT/DS202/19; 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
The following communication, dated 26 July 2002, from the Arbitrator,
Mr. Yasuhei Taniguchi, to the Chairman of the Dispute Settlement 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 – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 15 March 2002
Document codes: WT/DS202/13; WT/DS202/AB/R; WT/DS202/R
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
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 8 March 2002, the Dispute Settlement Body adopted the Appellate Body
report on "United States – Definitive Safeguar d Measures on Imports of Circular Welded Carbon
Quality Line Pipe from Korea" () and the Panel report (), as modified
by the Appellate Body report. The Panel report should be read in conjunction with the Appellate
Body report.
ÉTATS-UNIS – MESURES DE SAUVEGARDE DÉFINITIVES À L'IMPORTATION
DE TUBES ET TUYAUX DE QUALITÉ CARBONE SOUDÉS, DE SECTION
CIRCULAIRE, EN PROVENANCE DE CORÉE
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 8 mars 2002, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis – Mesures de sauvegarde définitives à l'importation de tubes et
tuyaux de qualité carbone soudés, de section circulaire, en provenance de Corée" ()
du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
ESTADOS UNIDOS - MEDIDAS DE SALVAGUARDIA DEFINITIVAS CONTRA
LAS IMPORTACIONES DE TUBOS AL CARBONO SOLDADOS DE
SECCIÓN CIRCULAR PROCEDENTES DE COREA
Actuación del Órgano de Solución de Diferencias
definitiva contra las importaciones de tubos al carbono soldados de sección circular procedentes de
UNITED STATES – DEFINITIVE SAFEGUARD MEASURES ON IMPORTS OF CIRCULAR WELDED CARBON QUALITY LINE PIPE FROM KOREA
Document: Request by Korea for Arbitration under Article 21.3(c) of the DSU
Date: 2 May 2002
Document codes: WT/DS202/14
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
Request by Korea for Arbitration under Article 21.3(c) of the DSU
The following communication, dated 29 April 2002, from the Permanent Mission of Korea to
the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.
On 8 March 2002, the DSB adopted the recommendations and rulings made in the Appellate
Body and Panel reports in "". On 5 April 2002, the United States confirmed to the
DSB its intention to implement the recommendations and rulings of the DSB.
Since the adoption of the Appellate Body and Panel reports, pursuant to Article 21.3(b) of the
DSU, Korea and the United States have conducted discussions to reach agreement on a "reasonable
period of time" for the US implementation of the DSB recommendations and rulings. However, no
mutually satisfactory solution has been found to date.
Therefore, Korea requests that the "reasonable period of time" be determined by binding
arbitration pursuant to Article 21.3(c) of the DSU. In this regard, Korea will promptly open
discussions with the United States with a view to achieving agreement on an arbitrator within the next
ten days pursuant to footnote 12 of the DSU.
MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 30 August 2002
Document codes: WT/DS204/4; WT/DS204/3; WT/DS204/3
Complainant: U.S.
Respondent: Mexico
Third parties: Australia, Brazil, Canada, Cuba, EU, Guatemala, Honduras, India, Japan, Nicaragua
Dispute stage: Panel
Agreements cited: Art. VI:1, VI:5, XVI:1, XVI:2, XVII:1, XVII:2, XVII:3, XVIII  Services (GATS)

MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat
1. At its meeting on 17 April 2002 (WT/DSB/M/123), the Dispute Settlement Body (DSB)
established a Panel pursuant to the request of the United States in document , in
accordance with Article 6 of the DSU.
2. At that meeting, the parties to the dispute 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 the United States in document , the matter referred to the DSB by the
United States 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 16 August 2002, the United States 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 26 August 2002, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Ernst-Ulrich Petersmann
Members: Mr. Raymond Tam
Mr. Björn Wellenius
5. Australia, Brazil, Canada, Cuba, the European Communities, Guatemala, Honduras, India,
Japan and Nicaragua have reserved their rights to participate in the Panel proceedings as a third party.
MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Document: Communication from the Chairman of the Panel
Date: 17 March 2003
Document codes: WT/DS204/5
Complainant: U.S.
Respondent: Mexico
Third parties: Australia, Brazil, Canada, Cuba, EU, Guatemala, Honduras, India, Japan, Nicaragua
Dispute stage: Panel
Agreements cited: Art. VI:1, VI:5, XVI:1, XVI:2, XVII:1, XVII:2, XVII:3, XVIII  Services (GATS)

MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Communication from the Chairman of the Panel
The following communication, dated 13 March 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/DS204) was
established by the DSB on 17 April 2002 and composed on 29 August 2002.
It will not be possible for the Panel to complete its work in six months due to the time needed
for translation into Spanish and English of all relevant documents and the complexity of the issues
involved.
In conformity with the changes to the timetable for Panel work agreed with the parties at the
second substantive meeting of the Panel, the Panel expects to complete its work in August 2003.
MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Document: Communication from the Chairman of the Panel
Date: 8 August 2003
Document codes: WT/DS204/6
Complainant: U.S.
Respondent: Mexico
Third parties: Australia, Brazil, Canada, Cuba, EU, Guatemala, Honduras, India, Japan, Nicaragua
Dispute stage: Panel
Agreements cited: Art. VI:1, VI:5, XVI:1, XVI:2, XVII:1, XVII:2, XVII:3, XVIII  Services (GATS)

MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Communication from the Chairman of the Panel
The following communication, dated 6 August 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/DS204) was
established by the DSB on 17 April 2002 and composed on 29 August 2002.
Further to our communication to you of 13 March 2003 under Article 12.9, the Panel now
expects to complete its work in December 2003. This date takes account of issues related to
translation into Spanish and English of all relevant documents and the time needed to translate the
interim report into Spanish, as agreed with the parties, prior to its issuance.
MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES
Document: Status Report by Mexico
Date: 7 December 2004
Document codes: WT/DS204/9
Complainant: U.S.
Respondent: Mexico
Third parties: Australia, Brazil, Canada, Cuba, EU, Guatemala, Honduras, India, Japan, Nicaragua
Dispute stage: Panel
Agreements cited: Art. VI:1, VI:5, XVI:1, XVI:2, XVII:1, XVII:2, XVII:3, XVIII  Services (GATS)

MEXICO – MEASURES AFFECTING TELECOMMUNICATIONS SERVICES

Status Report by Mexico

 The following communication, dated 6 December 2004, from the delegation of Mexico to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the DSB Recommendations and Rulings in

 (WT/DS204)

 Mexico submits this report in accordance with Article 21.6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes.

 On 1 June 2004, the Dispute Settlement Body (DSB) adopted its recommendations and
rulings in (WT/DS204). On that same
date, the parties to the dispute notified an agre ement on implementation, which specifies that the
reasonable period of time for Mexico to comply is 13 months.

 Accordingly, the Government of Mexico complied with the first phase of that agreement by
publishing, on 11 August 2004, its new international te lecommunications rules. These rules eliminate
the uniform settlement rate system, the proportional retu rn system and the right of the carrier with the
greatest proportion of outgoing traffic to negotiate the related settlement rates. The new system will
enable all of Mexico's long-distance carriers to negotiate their rates freely, not merely with United
States carriers, but with carriers worldwide. Ther e can be no doubt that this will make the Mexican
telecommunications market yet more competitive.

 Similarly, Mexico is drafting regulations for the establishment of commercial agencies. Once
these have been developed, Mexico will have fully complied with the DSB's recommendations and
rulings.