UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR CALCULATING DUMPING MARGINS ("ZEROING")
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 4 July 2012
Document codes: WT/DS294/46
Complainant: EU
Respondent: U.S.
Third parties: Argentina, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea, Mexico, Norway, Thailand, Turkey
Dispute stage: Implementation & Compliance
Agreements cited: Art. 1, 2.1, 2.4, 5.8, 9.1, 9.3, 9.5, 11  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 3  Anti-dumping

UNITED STATES – LAWS, REGULATIONS AND METHODOLOGY FOR
CALCULATING DUMPING MARGINS ("ZEROING")

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 2 July 2012 , has been received from the Chairman of
the Arbitrator with the request that it be circulated to the Dispute Settlement Body.

The Arbitrator has received a joint communication dated 22 June 2012 (attached) from the
parties in which they:

(a) recall their joint communication dated 6 Fe bruary 2012, informing the Arbitrator of a
Memorandum with respect to this dispute, as well as the subsequent communication from the
Arbitrator dated 10 February 2012, by which th e Arbitrator decided to extend the suspension
of its work until 28 June 2012;
(b) inform the Arbitrator that the Europ ean Union has now withdrawn its request under
Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") and that the United States accordingly no longer makes objections under
Article 22.6 of the DSU;
(c) jointly request that the Arbitrator notify th e Dispute Settlement Body that it is not necessary
for it to issue a report or an award in this dispute.
In light of the circumstances describ ed in this joint communication, the Arbitrator considers that it is
not necessary for it to issue a decision on the matter refe rred to it. The Arbitrator therefore considers
that it has completed its work.

ATTACHMENT

Mr. Felipe Jaramillo
Chairperson of the Arbitration Panel/Arbitrator
1
 – Recourse
to Article 22.6 of the DSU by the United States (DS294)

Centre William Rappard
Rue de Lausanne 154
1211 Geneva

Dear Mr. Jaramillo,

The United States and the European Union would like to express our sincere thanks to you
and the other Members of the Arb itration Panel/Arbitrator for your service in the above-referenced
proceeding.

The United States and the European Union recall their joint communication dated
6 February 2012, informing the Arbitration Panel/Ar bitrator of a Memorandum with respect to this
dispute, as well as the subsequent communicati on from the Arbitration Panel/Arbitrator dated
10 February 2012, by which the Arbitration Panel/Arb itrator decided to extend the suspension of its
work until 28 June 2012.

The United States and the European Union would like to note that the European Union has
now withdrawn its request under Article 22.2 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes ("DSU") (WT/DS294/35) and to in form the Arbitration
Panel/Arbitrator that the United States accordingl y no longer makes objections under Article 22.6 of
the DSU. The United States and the European Un ion therefore respectfully request that the
Arbitration Panel/Arbitrator notify the Dispute Settlement Body that it is not necessary for it to issue a
report/an award in this dispute.

For the European Union:

(signed)
Angelos Pangratis
Ambassador
For the United States:

(signed)
Michael Punke
Ambassador