dean22029/WTO_Docs huggingface dataset:
VENEZUELA – IMPORT LICENSING MEASURES ON CERTAIN AGRICULTURAL PRODUCTS
Document: Request to Join Consultations Communication from Chile
Date: 27 November 2002
Document codes: WT/DS275/7; G/L/587; G/GEN/55; G/TRIMS/D/19.
Complainant: U.S.
Respondent: Venezuela
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. III, X, XI, XIII  GATT 1994Art. 1.4, 3.2, 3.5, 5.1, 5.2, 5.3  Import LicensingArt. 2.1  Trade-Related Investment Measures (TRIMs)

VENEZUELA – IMPORT LICENSING MEASURES ON
CERTAIN AGRICULTURAL PRODUCTS
Request to Join Consultations
Communication from Chile
The following communication, dated 21 November 2002, from the Permanent Mission of
Chile to the Permanent Mission of Venezuela, the Permanent Mission of the United States and the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I hereby refer to the request for consultations by the United States with respect to import
licensing systems and practices that restrict agricultural imports into Venezuela, circulated on
12 November 2002 as document WT/D S275/1, , G/LI C/D/35, G/ A,

The measures challenged by the United States generally affect imports of the products at
issue, whatever their origin. Chilean exports of products such as fresh fruit and vegetables and white
meat have thus been seriously affected, and in certain instances prohibited, by such measures. For
example, Chilean exports of fresh apples, grapes, pears, plums, kiwis, cherries, peaches, asparagus,
pomegranates, quinces, and so forth have been subject to restrictions. Total exports of fresh fruit and
vegetables to Venezuela amounted to 3,278,832 crates in the season 2000-2001, i.e. a more than
10 per cent reduction in relation to the previous season. A noteworthy case is that of fresh garlic, for
which import permits were not issued despite the granting of a quota by Venezuela under the bilateral
trade agreement. Imports of white meat (chicken, turkey and pork) underwent an even more drastic
reduction. As a result of the restrictions in question, in 2001 sales to Venezuela of such products fell
by more than 66 per cent in relation to the previous year.
In view of the foregoing, and pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the Government of Chile respectfully requests to be
joined in the consultations on account of its substantial trade interest and substantial and systemic
interest in this case.
I should be obliged if you would kindly inform us of the date and place of the consultations.
VENEZUELA – IMPORT LICENSING MEASURES ON CERTAIN AGRICULTURAL PRODUCTS
Document: Acceptance by Venezuela of the Requests to Join Consultations Argentina, Canada, Chile, Colombia, the European Communities and New Zealand notified the Dispute Settlement Body of their desire to be joined in the consultations requested by the United States, pursuant to Article 4.11 of the DSU. The Permanent Mission of Venezuela informed the Dispute Settlement Body that it had accepted the requests of Argentina, Canada, Chile, the European Communities and New Zealand to join the consultations. VENEZUELA - MESURES CONCERNANT LES LICENCES D'IMPORTATION APPLICABLES À CERTAINS PRODUITS AGRICOLES Acceptation par le Venezuela des demandes de participation aux consultations L'Argentine, le Canada, le Chili, la Colombie, les Communautés européennes et la Nouvelle-Zélande ont fait savoir à l'ORD qu'ils désiraient participer aux consultations demandées par les États-Unis, conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends.
Date: 28 November 2002
Document codes: WT/DS275/8
Complainant: U.S.
Respondent: Venezuela
Dispute stage: Consultation
Agreements cited: Art. 4.2  AgricultureArt. III, X, XI, XIII  GATT 1994Art. 1.4, 3.2, 3.5, 5.1, 5.2, 5.3  Import LicensingArt. 2.1  Trade-Related Investment Measures (TRIMs)

VENEZUELA – IMPORT LICENSING MEASURES ON
CERTAIN AGRICULTURAL PRODUCTS
Acceptance by Venezuela of the Requests to Join Consultations
Argentina, Canada, Chile, Colombia, the European Communities and New Zealand notified
the Dispute Settlement Body of their desire to be joined in the consultations requested by the United
States, pursuant to Article 4.11 of the DSU.
The Permanent Mission of Venezuela informed the Dispute Settlement Body that it had
accepted the requests of Argentina, Canada, Chile, the European Communities and New Zealand to
join the consultations.
VENEZUELA - MESURES CONCERNANT LES LICENCES D'IMPORTATION
APPLICABLES À CERTAINS PRODUITS AGRICOLES
de participation aux consultations
Nouvelle-Zélande ont fait savoir à l'ORD qu'ils désiraient participer aux consultations demandées par
différends.
VENEZUELA - MEDIDAS EN MATERIA DE LICENCIAS DE
IMPORTACIÓN SOBRE DETERMINADOS
PRODUCTOS AGRÍCOLAS
notificaron al Órgano de Solución de Diferencias su deseo de que se las asociara a las consultas
La Misión Permanente de Venezuela ha informado al Órgano de Solución de Diferencias de
Zelandia de asociación a las consultas.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Request to Join Consultations Communication from Japan
Date: 7 January 2003
Document codes: WT/DS276/2
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Request to Join Consultations
Communication from Japan
The following communication, dated 20 December 2002, from the Permanent Mission of
Japan to the Permanent Mission of Canada, 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
Government of Canada that, in light of the substantial trade interest of Japan, it desires to be joined in
the consultations requested by the United States in a communication circulated to WTO Members on
19 December 2002 (, , ) titled " ".
As a major importer of wheat from Canada and the United States, Japan has a substantial
trade interest in this case.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Request to Join Consultations Communication from Mexico
Date: 6 January 2003
Document codes: WT/DS276/3; WT/DS276/1.
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Request to Join Consultations
Communication from Mexico
The following communication, dated 20 December 2002, from the Permanent Mission of
Mexico to the Permanent Mission of Canada, the Pe rmanent 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 Article 4.11 of the DSU, I would here by like to notify Mexico's substantial trade
interest in this matter as an importer of Canadian wh eat, and its wish to be joined in the consultations
requested by the United States in document
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Request to Join Consultations Communication from the European Communities
Date: 7 January 2003
Document codes: WT/DS276/4
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Request to Join Consultations
Communication from the European Communities
The following communication, dated 20 December 2002, from the Permanent Delegation of
the European Commission to the Permanent Mission of Canada, 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.
We refer to the communication from the Permanent Mission of the United States addressed to
the Permanent Mission of Canada and to the Chairman of the Dispute Settlement Body entitled
" " (WT/DS276)
and which was circulated on 19 December 2002 in accordance with Article 4.4 of the DSU as
document , and
The communication refers to consultations being sought with Canada pursuant to Article 4 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU),
Article XXII:1 of the General Agreement on Ta riffs and Trade 1994 (GATT 1994), and Article 8 of
the Agreement on Trade-Related Investment Measures (TRIMs Agreement) (to the extent it
incorporates by reference Article XXII of the GATT 1994) with regard to matters concerning the
export of wheat by the Canadian Wheat Board and the treatment accorded by Canada to grain
imported into Canada.
In view of the substantial trade interest of the European Communities in this matter, my
authorities have instructed me to notify you of the desire of the European Communities to be joined in
the consultations between Canada and the United States pursuant to Article 4.11 of the DSU.
The European Communities looks forward to receiving your reply to this request.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Request to Join Consultations Communication from Australia
Date: 8 January 2003
Document codes: WT/DS276/5
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Request to Join Consultations
Communication from Australia
The following communication, dated 24 December 2002, from the Permanent Mission of
Australia to the Permanent Mission of Canada, 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.
I refer to the "Request for Consultations by the United States" with regard to matters
concerning the export of wheat by the Canadian Wheat Board and the treatment accorded by Canada
to grain imported into Canada, made on 17 December 2002 pursuant to Article 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII:1
of the General Agreement on Tariffs and Trade 1994 , and Article 8 of the Agreement on
Trade-Related Investment Measures , which was circulated to Members on 19 December 2002
(, and refer).
Australia is a significant exporter of wheat and, as such, has a substantial trade interest in the
consultations requested by the United States.
Due to our substantial trade interest in the above-mentioned consultations, the Government of
Australia hereby notifies, pursuant to paragraph 11 of Article 4 of the DSU, its desire to be joined in
the consultations.
I would be grateful for your early positive response.
CANADA - MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 13 May 2003
Document codes: WT/DS276/7; WT/DS276/6; WT/DS276/6
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA - MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat
1. At its meeting on 31 March 2003 (WT/DSB/M/ 146), the Dispute Settlement Body (DSB)
established a panel pursuant to the request made by the United States in document , in
accordance with Article 6 of the Dispute Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute also agreed that the panel should have standard
terms of reference. The terms of reference Panel are 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 2 May 2003, Canada 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 12 May 2003, the Director-General composed the Panel as follows:
Chairperson: Ms. Claudia Orozco
Members: Mr. Alan Matthews
Mr. Hanspeter Tschäni
5. Australia, Chile, China, the European Communities, Japan, Mexico and Chinese Taipei have
reserved their third party rights to participate in the Panel's proceedings.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Communication from the Chair of the Panel
Date: 2 July 2003
Document codes: WT/DS276/10
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Communication from the Chair of the Panel
The following communication, dated 1 July 2003 and addressed to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
The United States has requested the Panel, pursuant to Article 12.12 of the DSU, to suspend
its work for three weeks, until 21 July 2003 in order to allow the parties time to work together to
respond to a preliminary ruling issued by the Panel. The Panel has agreed to this request and will
suspend its work from 1 July until 21 July 2003.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Communication from the Chairperson of the Panel
Date: 8 July 2003
Document codes: WT/DS276/11; WT/DS276/6
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Communication from the Chairperson of the Panel
The following communication, dated 7 July 2003, from the Chairperson of the Panel is
circulated to Members for their information.
On 2 July 2003, the United States requested the Panel to circulate to Members a preliminary
ruling by the Panel regarding the consistency of the United States' panel request of 6 March 2003
() with Article 6.2 of the DSU (the "Article 6.2 Ruling"). The United States explained
that, in its view, circulation of the Article 6.2 Ruling would assist the DSB in understanding the
reasons for the United States' panel request of 30 June 2003 (). Upon receiving the
United States request, the Panel sought the views of Canada and of those third parties whose
arguments are referred to in the Article 6.2 Ruling. Neither Canada nor any of the relevant third
parties objected to the Panel circulating the Article 6.2 Ruling to Members.
In view of the above, the Panel considers that it is appropriate to accept the United States'
request to circulate the Article 6.2 Ruling to Members for their information.
CANADA - MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 29 July 2003
Document codes: WT/DS276/13; WT/DS276/9; WT/DS276/9
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA - MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat
1. At its meeting on 11 July 2003 (WT/DSB/M/15 2), the Dispute Settlement Body (DSB)
established a panel pursuant to the request made by the United States in document , in
accordance with Article 6 of the Dispute Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute also agreed that the panel should have standard
terms of reference. The terms of reference Panel are 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 11 July 2003, the panel was constituted as follows:
Chairperson: Ms. Claudia Orozco
Members: Mr. Alan Matthews
Mr. Hanspeter Tschäni
5. Australia, Chile, China, the European Communities, Japan, Mexico and Chinese Taipei have
reserved their third party rights to participate in the Panel's proceedings.
CANADA - MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Communication from the Chairman of the Panel
Date: 31 October 2003
Document codes: WT/DS276/14
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA - MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN
Communication from the Chairman of the Panel
The following communication, dated 30 October 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/DS276) was established by the DSB on 31 March 2003 and composed on 12 May 2003.
Due to the three week suspension requested by the United States following the issuance of a
preliminary ruling by the Panel and the harmonization of this Panel's timetable with that of another
Panel established on this matter, the Panel will not be able to complete its work in six months.
The Panel expects to issue its final report to the parties in February 2004.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Communication from the Appellate Body
Date: 6 August 2004
Document codes: WT/DS276/16
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF
WHEAT AND TREATMENT OF IMPORTED GRAIN

Communication from the Appellate Body

 The following communication, dated 23 July 2004, from the Chairman of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, 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 with in 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 1 June 2004 of its decision to
appeal certain issues of law covered in the Pane l Report and legal interpre tations developed by the
Panel in this case, with the result that the 60-day period expires on Monday, 2 August 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, 2 August 2004. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members no later than Monday, 30 August 2004.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Communication from the Appellate Body
Date: 2 September 2004
Document codes: WT/DS276/17; WT/DS276/AB/R.
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF
WHEAT AND TREATMENT OF IMPORTED GRAIN

Communication from the Appellate Body

 The following communication, dated 30 Augus t 2004, from the Chairman of the Appellate
Body addressed to the Chair of the Dispute Settle ment Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to transmit to you the Report of the Appellate Body in , It will be
circulated to Members of the World Trade Organi zation 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. John Lockhart as Presidi ng Member; Mr. Yasuhei Taniguchi and myself, as
Members.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Agreement under Article 21.3(b) of the DSU
Date: 17 November 2004
Document codes: WT/DS276/19
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 15 Novemb er 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.

 The representatives of Canada and the United St ates wish to inform you that, pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
we have mutually agreed that the reasonable pe riod of time to implement the recommendations and
rulings of the Dispute Settlement Body in the above-re ferenced dispute is 10 months and 5 days, that
is, 27 September 2004 to 1 August 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
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Status Report by Canada
Date: 9 May 2005
Document codes: WT/DS276/20
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Status Report by Canada

 The following communication, dated 4 May 2 005, from the delegation of Canada to the
Chairman 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 the Dispute
Canada - Measures Relating to Exports of Wheat and Treatment of Imported Grain
(WT/DS276)

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

 On 27 September 2004, the Dispute Settlement Body ("DSB") adopted both the Appellate
Body and Panel reports in Canada-Measures Relating to Exports of Wheat and Treatment of Imported
Grain ( and ). Subseque ntly, pursuant to Article 21.3(b) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes, Canada and the
United States mutually agreed that the reasonabl e period of time to implement the recommendations
and rulings of the Dispute Settlement Body was 10 months and 5 days, that is, 27 September 2004 to
1 August 2005.

 On 11 March 2005, legislation that would bring Canada into conformity with its obligations
under the GATT 1994 was introduced in the Ca nadian House of Commons (Bill C-40, An Act to
Amend the Canada Grain Act and the Canada Transport Act ). Canada expects to be in full
compliance with its WTO obligations by 1 August 2005.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Status Report by Canada Addendum
Date: 10 June 2005
Document codes: WT/DS276/20/Add.1
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Status Report by Canada

Addendum

 The following communication, dated 9 June 2005, from the delegation of Canada to the
Chairman 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 the Dispute
Canada - Measures Relating to Exports of Wheat and Treatment of Imported Grain
(WT/DS276)

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

 On 27 September 2004, the Dispute Settlement Body ("DSB") adopted both the Appellate
Body and Panel reports in ( and ). Subse quently, pursuant to Article 21.3(b) of
the Understanding on Rules and Procedures Govern ing the Settlement of Disputes, Canada and the
United States mutually agreed that the reasonabl e period of time to implement the recommendations
and rulings of the Dispute Settlement Body was 10 months and 5 days, that is, 27 September 2004 to
1 August 2005.

 On 19 May 2005, legislation to bring Canada into compliance with its WTO obligations, An
Act to Amend the Canada Grain Ac t and The Canada Transportation Act, received royal assent. This
legislation removes the provisions of the Canada Grain Act that were found to contravene Canada's
national treatment obligation and amends the Canada Transportation Act to extend the railway
revenue cap to imported grain. In addition, chang es are being made to the Canada Grain Regulations
to remove the requirement that elevator operators must seek Canadian Grain Commission permission
to mix grain. In its place, there will be a new re gulation requiring that elevator operators notify the
Canadian Grain Commission the origin of all grain. The legislation and associated regulatory changes
will come into force on 1 August 2005.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Status Report by Canada Addendum
Date: 8 July 2005
Document codes: WT/DS276/20/Add.2
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Status Report by Canada

Addendum

 The following communication, dated 7 July 2005, from the delegation of Canada to the
Chairman 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 the Dispute
Canada - Measures Relating to Exports of Wheat and Treatment of Imported Grain
(WT/DS276)

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

 On 27 September 2004, the Dispute Settlement Body ("DSB") adopted both the Appellate
Body and Panel reports in ( and ). Subse quently, pursuant to Article 21.3(b) of
the Understanding on Rules and Procedures Govern ing the Settlement of Disputes, Canada and the
United States mutually agreed that the reasonabl e period of time to implement the recommendations
and rulings of the Dispute Settlement Body was 10 months and 5 days, that is, 27 September 2004 to
1 August 2005.

 On 19 May 2005, legislation to bring Canada into compliance with its WTO obligations, An
Act to Amend the Canada Grain Ac t and The Canada Transportation Act, received royal assent. This
legislation removes the provisions of the Canada Grain Act that were found to contravene Canada's
national treatment obligation and amends the Canada Transportation Act to extend the railway
revenue cap to imported grain. In addition, chang es are being made to the Canada Grain Regulations
to remove the requirement that elevator operators must seek Canadian Grain Commission permission
to mix grain. In its place, there will be a new re gulation requiring that elevator operators notify the
Canadian Grain Commission the origin of all grain. The legislation and associated regulatory changes
will come into force on 1 August 2005.

 With regard to the United States' questions at the 20 June 2005 meeting of the DSB, Canada
confirms that the regulation requiring the notifica tion of the origin of grain is the only regulation
being promulgated as a result of the withdrawal of the requirement that elevator operators must seek
Canadian Grain Commission permission to receive fo reign grain and mix grain. With respect to the
revenue cap, Canada believes the legislative change s to the Canada Transportation Act will bring it
into compliance. No regulatory changes are being considered in relation to this compliance measure.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Status Report by Canada Addendum
Date: 19 August 2005
Document codes: WT/DS276/20/Add.3
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Status Report by Canada

Addendum

 The following communication, dated 18 August 2005, from the delegation of Canada to the
Chairman 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 the Dispute
Canada - Measures Relating to Exports of Wheat and Treatment of Imported Grain
(WT/DS276)

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

 On 27 September 2004, the Dispute Settlement Body ("DSB") adopted both the Appellate
Body and Panel reports in ( and ). Subse quently, pursuant to Article 21.3(b) of
the Understanding on Rules and Procedures Govern ing the Settlement of Disputes, Canada and the
United States mutually agreed that the reasonabl e period of time to implement the recommendations
and rulings of the Dispute Settlement Body was 10 months and 5 days, that is, 27 September 2004 to
1 August 2005.

 On 19 May 2005, legislation to bring Canada into compliance with its WTO obligations, An
Act to Amend the Canada Grain Ac t and The Canada Transportation Act, received royal assent. This
legislation removes the provisions of the Canada Grain Act that were found to contravene Canada's
national treatment obligation and amends the Canada Transportation Act to extend the railway
revenue cap to imported grain. In addition, changes have been made to the Canada Grain Regulations
to remove the requirement that elevator operators must seek Canadian Grain Commission permission
to mix grain. In its place, there is a new re gulation requiring that elevator operators notify the
Canadian Grain Commission the origin of all grain. The legislation and associated regulatory changes
came into force on 1 August 2005. This ha s brought Canada into compliance with the
recommendations and rulings of the DSB.
CANADA – MEASURES RELATING TO EXPORTS OF WHEAT AND TREATMENT OF IMPORTED GRAIN
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 30 September 2004
Document codes: WT/DS276/18; WT/DS276/AB/R; WT/DS276/R
Complainant: U.S.
Respondent: Canada
Third parties: Australia, Chile, China, Taiwan, EU, Japan, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. XVII:1, III:4  GATT 1994Art. 2  Trade-Related Investment Measures (TRIMs)

CANADA – MEASURES RELATING TO EXPORTS OF WHEAT
AND TREATMENT OF IMPORTED GRAIN

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 27 September 2004, the Di spute Settlement Body adopted the Appellate
Body report on
() and the Panel report (), as modified by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

CANADA – MESURES CONCERNANT LES EXPORTATIONS DE BLÉ

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

 À sa réunion du 27 septembre 2004, l'Organe de rè glement des différends a adopté le rapport
de l'Organe d'appel intitulé "Canada – Mesures concernant les exportations de blé et le traitement des
rapport de l'Organe d'appel. Le rapport du Group e spécial est à rapprocher de celui de l'Organe
d'appel.

CANADÁ - MEDIDAS RELATIVAS A LAS EXPORTACIONES
DE TRIGO Y AL TRATO DEL GRANO IMPORTADO

Actuación del Órgano de Solución de Diferencias

 En su reunión de 27 de septiembre de 2004, el Órgano de Solución de Diferencias adoptó el
UNITED STATES - INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Document: Constitution of the Panel Established at the Request of Canada Note by the Secretariat
Date: 2 July 2003
Document codes: WT/DS277/3; WT/DS277/2; WT/DS277/2
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES - INVESTIGATION OF THE INTERNATIONAL TRADE
COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 7 May 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 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 12 June 2003, Canada 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 19 June 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Hardeep Singh Puri
Members: Mr. Paul O'Connor
Ms. Luz Elena Reyes De La Torre
5. The European Communities, Japan and Korea reserved their third-party rights.
UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Document: Communication from the Chairman of the Panel
Date: 24 December 2003
Document codes: WT/DS277/4
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION
IN SOFTWOOD LUMBER FROM CANADA
Communication from the Chairman of the Panel
The following communication, dated 19 December 2003, to the Dispute Settlement Body, is
circulated pursuant to Article 12.9 of the 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 (DS277) was established by the DSB on 7 May 2003 and composed on
19 June 2003.
It will not, however, be possible for the Panel to complete its work in six months in light of
scheduling conflicts.
The Panel expects to complete its work in February 2004.
UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Document: Understanding on
Date: 28 July 2004
Document codes: WT/DS277/6
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION
IN SOFTWOOD LUMBER FROM CANADA

Extension of Time-Period under Article 21.3 of the DSU

 The following communication, dated 26 July 2004, from the delegation of the United States
and the delegation of Canada to the Chairman of the Dispute Settlement Body, is circulated at the
request of these delegations.

 The parties to the dispute, Canada and the United States, are currently holding bilateral
consultations pursuant to Article 21.3(b) of th e Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU) on the period of time required for the United States to implement
the recommendations and rulings adopted by the Dis pute Settlement Body (DSB) in this dispute on
26 April 2004.

 Article 21.3(c) of the DSU provides that in the absence of an agreement between the parties
on a reasonable period of time for implementation, a period of time shall be determined through
binding arbitration within 90 days after the date of adoption of the recommendations and rulings by
the DSB.

 In the event that the parties to this dispute do not reach an agreement on the period of time for
such implementation, either or both of the parties ma y, at any time, request that the period of time be
determined through binding arbitration pursuant to that Article. In such event, the arbitrator shall
make his or her determination not later than 45 days after his or her appointment.

 We confirm that should recourse to arbitrati on be sought, the award of the arbitrator made
within the agreed 45-day time period shall be deemed to be the award of the arbitrator for the purpose
of Article 21.3(c) of the DSU.

Sergio Marchi Linnet F. Deily
Ambassador Ambassador
Permanent Representative of
Canada
Permanent Representative of
the United States
UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Document: Agreement under Article 21.3(b) of the DSU
Date: 4 October 2004
Document codes: WT/DS277/7
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – INVESTIGATION OF THE INTERNATIONAL
TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 1 Octobe r 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.

 The representatives of Canada and the United St ates wish to inform you that, pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
we have mutually agreed that the reasonable pe riod of time to implement the recommendations and
rulings of the Dispute Settlement Body in the above-r eferenced dispute shall be 9 months, that is from
26 April 2004 to 26 January 2005. We request that you circulate this notification 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 – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN 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 March 2005
Document codes: WT/DS277/12; WT/DS277/8.
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – INVESTIGATION OF THE INTERNATIONAL
TRADE COMMISSION IN 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 25 February 2005, the Dispute Settlement Body (DSB) referred this dispute,
if possible, to the original Panel in accordan ce 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 2 March 2005, the Panel was composed as follows:
Chairman: Mr Hardeep Singh Puri
 Members: Mr Paul O'Connor
 Ms Luz Elena Reyes de la Torre

4. China and the European Communities have reserve d their rights to participate in the Panel
proceedings as third parties.
UNITED STATES – INVESTIGATION OF THE INTERNATIONAL TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA
Document: Recourse to Article 22.6 of the DSU by the United States Constitution of the Arbitrator Note by the Secretariat
Date: 7 April 2005
Document codes: WT/DS277/13
Complainant: Canada
Respondent: U.S.
Third parties: China, EU, Japan, South Korea
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. VI:6  GATT 1994Art. 1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 12, 18.1  Anti-dumpingArt. 10, 15.1, 15.2, 15.3, 15.4, 15.5, 15.7, 15.8, 22, 32.1  Subsidies and Countervailing Measures (SCM)

UNITED STATES – INVESTIGATION OF THE INTERNATIONAL
TRADE COMMISSION IN SOFTWOOD LUMBER FROM CANADA

Recourse to Article 22.6 of the DSU by the United States

Constitution of the Arbitrator

Note by the Secretariat

1. At its meeting on 25 February 2005, the Dispute Settlement Body (DSB), agreed that the
matter raised by the United States in document WT /DS277/10, with respect to Canada's recourse to
Article 22.2 of the DSU, shall be referred to arbitration in accordance with 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 obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
(original footnote ) 15 The expression "arbitrator" shall be interpreted as referring
either to an individual or a group.
3. The following individuals will serve as arbitrators:
Chairman: Mr Hardeep Singh Puri
 Members: Mr Paul O'Connor
 Ms Luz Elena Reyes de la Torre