dean22029/WTO_Docs huggingface dataset:
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 27 March 2015
Document codes: WT/DS436/13
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 24 March 2015, from the delegation of India and the
delegation of the United States to the Chairperso n of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), the United States and India have
agreed that the reasonable period of time for the United States to implement the
recommendations and rulings of the Dispute Settlement Body ("DSB") in the dispute United States
– Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India
(WT/DS436) shall be 15 months from the 19 December 2014, date of adoption of the DSB
recommendations and rulings. Accordingly, the reasonable period of time expires on
19 March 2016.

We request that you circulate this notification to the Members of the DSB.

(Signed)
H.E. Ms Anjali Prasad
Ambassador
Permanent Mission of India

(Signed)
H.E. Mr Michael Punke
Ambassador
Permanent Mission of the United States
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: implementation of the recommendations
Date: 10 March 2016
Document codes: WT/DS436/15
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 9 March 2016, from the delegation of India 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.

With regard to the dispute United States – Countervailing Measures on Certain Hot-Rolled Carbon
Steel Flat Products from India (WT/DS436), we are pleased to inform you that India and the
United States have mutually agreed to modify the previously notified reasonable period of time for
implementation of the recommendations and rulings of the Dispute Settlement Body (DSB)
pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes so as to expire on 18 April 2016.

We request that you please circulate this notification to the Members of the DSB.

(Signed)
H.E. Ms Anjali Prasad
Ambassador
Permanent Mission of India

(Signed)
Mr Christopher S. Wilson
Chargé d'affaires, a.i.
Permanent Mission of the United States
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA JOINT COMMUNICATION FROM THE UNITED STATES AND INDIA
Document: panel report
Date: 28 November 2014
Document codes: WT/DS436/9
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
JOINT COMMUNICATION FROM THE UNITED STATES AND INDIA
The following communication, dated 6 November 2014, from the delegation of the United States
and the delegation of India to the Presiding Member of the Appellate Body Division in this dispute,
is circulated at the request of those delegations.

India appealed the panel report in this dispute on 8 August 2014, and the United States filed its
other appeal relating to the same report on 13 August 2014. Due to the large number of claims at
issue in the appeal, on 11 August 2014, the United States requested to extend by one week the
parties' appellee submissions. In its request, the United States also acknowledged that it might be
difficult for the Appellate Body to meet the 90-day time limit in Article 17.5 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU"). On 19 August 2014, the
Appellate Body agreed to an extension in the time for the appellee and third participant
submissions.

On 6 October 2014, the Appellate Body informed th e DSB of its reasons for the delay in providing
its report and stated that the report "will be circulated to Members no later than Monday
8 December 2014", beyond the time limit in Articl e 17.5 of the DSU. The United States and India
hereby confirm that they will each deem an Appe llate Body Report in this proceeding, issued no
later than 8 December 2014, to be an Appellate Bo dy Report circulated pursuant to Article 17.5 of
the DSU.

(Signed)
Mr Christopher S. Wilson
Chargé d' affaires, a.i.
Permanent Mission of the United States

(Signed)
H.E. Ms Anjali Prasad
Ambassador
Permanent Mission of India
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA COMMUNICATION FROM THE APPELLATE BODY
Document: Report of the Appellate Body
Date: 10 December 2014
Document codes: WT/DS436/10; WT/DS436/AB/R.
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON
STEEL FLAT PRODUCTS FROM INDIA
COMMUNICATION FROM THE APPELLATE BODY
The following notification, dated 8 December 2014, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is circulated to Members in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

It is my honour to provide to you the Report of the Appellate Body in United States –
Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India ,
 It will be circulated to Members of the at 5.30 p.m.
today, in accordance with Article 17.5 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 we re Mr Ricardo Ramírez-Hernández, as Presiding
Member, and Mr Ujal Singh Bhatia and Mr Thomas Graham, as Members.
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA APPELLATE BODY REPORT AND PANEL REPORT ACTION BY THE DISPUTE SETTLEMENT BODY
Document: APPELLATE BODY REPORT AND PANEL REPORT
Date: 22 December 2014
Document codes: WT/DS436/11; WT/DS436/AB/R; WT/DS436/R; WT/DS436/R/Add.1
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON
STEEL FLAT PRODUCTS FROM INDIA
APPELLATE BODY REPORT AND PANEL REPORT
ACTION BY THE DISPUTE SETTLEMENT BODY
At its meeting on 19 December 2014, the Dispute Settlement Body adopted the Appellate Body
report on United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat
Products from India () and the Panel report ( and
), as modified by the Appellate Bo dy report. The Panel report should be read
in conjunction with the Appellate Body report.

ÉTATS-UNIS – MESURES COMPENSATOIRES VISANT CERTAINS PRODUITS
PLATS EN ACIER AU CARBONE LAMINÉS À CHAUD
EN PROVENANCE D'INDE
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT
DU GROUPE SPÉCIAL
DISPOSITIONS PRISES PAR L'ORGANE DE
RÈGLEMENT DES DIFFÉRENDS
À sa réunion du 19 décembre 2014, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire États-Unis – Mesures compensatoires visant certains produits plats en
acier au carbone laminés à chaud en provenance d'Inde () et le rapport du Groupe
rapport du Groupe spécial doit être lu conjointement avec celui de l'Organe d'appel.

ESTADOS UNIDOS – MEDIDAS COMPENSATORIAS SOBRE DETERMINADOS
PRODUCTOS PLANOS DE ACERO AL CARBONO LAMINADO EN
ACTUACIÓN DEL ÓRGANO DE SOLUCIÓN DE DIFERENCIAS
En su reunión de 19 de diciembre de 2014, el Órgano de Solución de Diferencias adoptó el informe
del Órgano de Apelación titulado Estados Unidos - Medidas compensatorias sobre determinados
productos planos de acero al carbono lamina do en caliente procedentes de la India
UNITED STATES – COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA
Document: Constitution of the Panel Established at the Request of China Note by the Secretariat Corrigendum Please note that the first sentence of pa ragraph 3 should be amended to read:
Date: 5 December 2012
Document codes: WT/DS437/3/Corr.1
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Turkey, Vietnam, Saudi Arabia
Dispute stage: Implementation & Compliance
Agreements cited: Art. 11.1, 11.2, 11.3, 1.1(a)(1), 2, 1.1(b), 14(d), 12.7, 1.1, 10, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI, XXIII  GATT 1994Art. 30  Subsidies and Countervailing Measures (SCM)Art. 15  Protocol of Accession

UNITED STATES – COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA

Constitution of the Panel Established at the Request of China

Note by the Secretariat

Corrigendum

 Please note that the first sentence of pa ragraph 3 should be amended to read:

3. On 14 November 2012, China requested the Director-General to determine the composition
of the panel, pursuant to Article 8.7 of the DSU.
UNITED STATES – COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA COMMUNICATION FROM THE CHAIRMAN OF THE PANEL
Document: COMMUNICATION FROM
Date: 19 November 2013
Document codes: WT/DS437/6
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Turkey, Vietnam, Saudi Arabia
Dispute stage: Implementation & Compliance
Agreements cited: Art. 11.1, 11.2, 11.3, 1.1(a)(1), 2, 1.1(b), 14(d), 12.7, 1.1, 10, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI, XXIII  GATT 1994Art. 30  Subsidies and Countervailing Measures (SCM)Art. 15  Protocol of Accession

UNITED STATES – COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA
COMMUNICATION FROM THE CHAIRMAN OF THE PANEL
The following communication, dated 18 November 2013, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated pursuant to Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Pr ocedures 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 accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in United States – Countervailing Duty Measures on Certain Products from
China (DS437) was established by the DSB on 28 September 2012 and composed on
26 November 2012.

The timetable adopted by the Panel after consulta tions with the Parties to the dispute envisaged
that the final report would be issued to the Parties by January 2014. However, due to the
complexity of the issues raised by the parties in this dispute, the Panel now expects to conclude its
work in May 2014.
UNITED STATES – COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
Document: RECOURSE TO ARTICLE 22.6
Date: 28 October 2019
Document codes: WT/DS437/31
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Turkey, Vietnam, Saudi Arabia
Dispute stage: Implementation & Compliance
Agreements cited: Art. 11.1, 11.2, 11.3, 1.1(a)(1), 2, 1.1(b), 14(d), 12.7, 1.1, 10, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI, XXIII  GATT 1994Art. 30  Subsidies and Countervailing Measures (SCM)Art. 15  Protocol of Accession

UNITED STATES – COUNTERVAILING DUTY MEASURES
ON CERTAIN PRODUCTS FROM CHINA
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE UNITED STATES
The following communication, dated 25 October 2019, from the delegation of the United States to
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

Regarding China's recourse to Article 22.2 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU") in the dispute United States – Countervailing Duty Measures on
Certain Products from China (WT/DS437), my authorities have instructed me to inform you that,
pursuant to Article 22.6 of the DSU, the United States objects to the level of suspension of
concessions and related obligations "with respect to goods under the agreements described in
Article 22.3(g)(i) of the DSU" proposed by China in document

Accordingly, as required by Article 22.6 of the DSU2, the matter has been referred to arbitration.

Accordingly, any proposed suspension of concessions or obligations in another sector or under another
agreement would not follow the principles and procedures set forth in Article 22.3 of the DSU.
2 Pursuant to Article 22.6 of the DSU, "if the Member concerned objects to the level of suspension
proposed, … the matter shall be referred to arbitration".
UNITED STATES – COUNTERVAILING DUTY MEASURES ON CERTAIN PRODUCTS FROM CHINA REQUEST BY CHINA FOR ARBITRATION UNDER ARTICLE 21.3(C) OF THE DSU
Document: REQUEST BY CHINA FOR ARBITRATION
Date: 30 June 2015
Document codes: WT/DS437/14
Complainant: China
Respondent: U.S.
Third parties: Australia, Brazil, Canada, EU, India, Japan, South Korea, Norway, Russia, Turkey, Vietnam, Saudi Arabia
Dispute stage: Implementation & Compliance
Agreements cited: Art. 11.1, 11.2, 11.3, 1.1(a)(1), 2, 1.1(b), 14(d), 12.7, 1.1, 10, 32.1  Subsidies and Countervailing Measures (SCM)Art. VI, XXIII  GATT 1994Art. 30  Subsidies and Countervailing Measures (SCM)Art. 15  Protocol of Accession

UNITED STATES – COUNTERVAILING DUTY MEASURES ON
CERTAIN PRODUCTS FROM CHINA
REQUEST BY CHINA FOR ARBITRATION UNDER ARTICLE 21.3(C) OF THE DSU
The following communication, dated 26 June 2015, from the delegation of China to the
Chairperson of the Dispute Settlement Body, is circulated at the request of that delegation.

On 16 January 2015, the Dispute Settlement Body ("DSB") adopted its recommendations and
rulings in the dispute United States – Countervailing Duty Measures on Certain Products from
China. On 13 February 2015, the United States announced its intention to implement the DSB's
recommendations and rulings in this dispute and stated that it would need a reasonable period of
time in which to do so.

Pursuant to Article 21.3(b) of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), China has held consultations with the United States regarding the
length of the reasonable period of time. Howeve r, the parties have not been able to reach an
agreement. As a result, China requests that the reasonable period of time be determined through
binding arbitration pursuant to Article 21.3(c) of the DSU.

China is ready to enter into consultations with the United States on the appointment of the
arbitrator within the next ten days, pursuant to footnote 12 of the DSU.

We respectfully request that you circulate this notification to the Members of the DSB.
ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 7 May 2014
Document codes: WT/DS438/14; WT/DS444/13; WT/DS445/13
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
COMMUNICATION FROM THE PANEL
The following communication, dated 5 May 2014, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Pr ocedures 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 accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on Argentina – Measures Affecting the Importation of Goods (WT/DS438, WT/DS444,
WT/DS445) was established by the DSB on 28 January 2013 and composed on 27 May 2013. In its
communication to the DSB of 15 November 2013 (, , ),
the Panel indicated that it expected to issue its final report to the parties by the end of May 2014.
However, it will not be possible for the Panel to issue its final report to the parties by that time,
due to the complexity of the dispute and the large volume of evidence.

The Panel estimates that it will issue its final re port to the parties by the end of June 2014, in
accordance with the revised timetable adopted after consultation with the parties.
ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS NOTIFICATION OF AN OTHER APPEAL BY THE EUROPEAN UNION UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Date: 2 October 2014
Document codes: WT/DS438/16
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
NOTIFICATION OF AN OTHER APPEAL BY THE EUROPEAN UNION
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 23(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
The following notification, dated 1 October 2014, fr om the Delegation of the European Union, is
being circulated to Members.

Governing the Settlement of Disputes (DSU) and Rule 23 of the Working Procedures for Appellate
Review, the European Union hereby notifies its decision to appeal to the Appellate Body certain
issues of law and certain legal interpretations developed by the Panel in Argentina – Measures
Affecting the Importation of Goods () (Panel Report).
2. The European Union submits that the Panel made an error in applying Article 6.2 of the DSU
when determining its terms of reference in this case. Specifically, The European Union submits
that the Panel erred when finding that the 23 measures described by the European Union in
Section 4.2.4 of its first written submission as "s pecific instances" of application of alleged RTRRs
were not precisely identified in the EU's Panel Request as measures at issue and that, accordingly,
those 23 measures did not constitute "measures at issue" in the present dispute.
1 Those measures
were clearly identified on substance in the EU's Panel Request in accordance with the requirements
under Article 6.2 of the DSU. Thus, they were "measures at issue" in this dispute and the Panel
should have examined them accordingly.
3. Moreover, as a conditional appeal, should the Appellate Body agree with Argentina's appeal
in this case and, thus, reverse or otherwise modify any of the Panel's findings that the TTR
measure exists and that was inconsistent with Articles XI:1 and III:4 of the GATT 1994, the
European Union requests the Appellate Body to complete the analysis and find that Argentina
violated Articles XI:1 and/or III:4 of the GATT 1994 in each of the 23 specific measures described
by the European Union in Section 4.2.4 of its first written submission.
ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 24 November 2014
Document codes: WT/DS438/17; WT/DS444/15; WT/DS445/16
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
COMMUNICATION FROM THE APPELLATE BODY
 The following notification, dated 20 November 2014, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Body, is circulated to Members in accordance
with Article 17.5 of the Understanding on Rule s 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 (DSU), wh ich 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 (DSB) 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.

Argentina notified the DSB on 26 September 2014 of its decision to appeal certain issues of law
covered in the Panel Reports and legal interpretations developed by the Panel in these disputes,
with the result that the 60-day period expires on Tuesday, 25 November 2014. For the reasons
expressed below, the Appellate Body will not be able to circulate its report by this date, or within the
90-day timeframe provided for in the last sentence of Article 17.5 of the DSU.

At the time the Division hearing this appeal was composed, the Appellate Body comprised only six,
rather than the full complement of seven, Appellate Body Members. The Appellate Body has also
faced a substantial workload in the second half of 2014, with several appeals proceeding in
parallel, and there has been overlap in the composition of the Divisions hearing these different
appeals during this period. Moreover, the 90-day pe riod in these disputes will expire during the
annual year-end closure of the WTO Secretariat.

Due to the scheduling issues arising from these circumstances, the number and complexity of the
issues raised in these and concurrent appeal proc eedings and the demands that this places on the
WTO Secretariat's translation services, as well as the intervening closure of the WTO Secretariat for
the 2014 year-end period, the Appellate Body will not be able to circulate its report within the
90-day timeframe provided for in Article 17.5 of the DSU.

For these reasons, we estimate that the Appellate Bo dy report in this appeal will be circulated to
WTO Members no later than Thursday, 15 January 2015.
ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS COMMUNICATION FROM THE EUROPEAN UNION
Document: COMMUNICATION FROM
Date: 11 December 2014
Document codes: WT/DS438/18; WT/DS444/17; WT/DS445/18
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
COMMUNICATION FROM THE EUROPEAN UNION
The following communication, dated 9 December 2014, from the delegation of the European Union
to the Presiding Member of the Appellate Body Division in this dispute, is circulated at the request
of this delegation.

The European Union refers to a letter dated 5 December 2014 from three participants in these
proceedings i.e. the responding party Argentina and two of the complaining parties United States
and Japan ("the three participants"). In this letter the three participants appear to interpret
Article 17.5 of the Understanding on the Rules and Procedures Governing the Settlement of
Disputes (DSU) in a manner that necessitates a reaction from the European Union. In particular,
the letter appears to suggest that the Appellate Body would be required to consult and obtain the
agreement of the participants if it cannot issue its report within the 90-day time limit set out in
Article 17.5 of the DSU. However, the three partic ipants fail to cite any legal basis in the DSU,
textual or otherwise, that would require such consultation and agreement. For its part, the
European Union would like to state for the record its view that such a basis does not exist and that
therefore the interpretation provided by the three participants is plainly incorrect.
Furthermore, the three participants assert the ex istence and normative significance of a "prior
practice of Members" citing inter alia certain cases to which the European Union has been a main
party/participant. In particular, the letter asserts that a practice existed until 2011 according to
which "the Appellate Body consulted with the Parties and obtained their agreement before
circulating reports after the deadline provided for in the DSU". Furthermore, it appears that for the
three participants the asserted past practice carries some normative relevance. The
European Union would like to state for the record that it disagrees with the assertion made by the
three participants on the existence of such past practice and its normative value. At most, the
citations provided in the letter demonstrate that each of the participants agreed that a certain
factual situation existed or certain events factually took place in the context of the relevant
proceedings without those circumstances and/or the purported "agreement" having any normative
relevance.
ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 19 January 2015
Document codes: WT/DS438/19; WT/DS444/19; WT/DS445/20; WT/DS438/AB/R; WT/DS444/AB/R; WT/DS445/AB/R.
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA – MEASURES AFFECTING THE IMPORTATION OF GOODS
COMMUNICATION FROM THE APPELLATE BODY
 The following notification, dated 15 January 2015, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Body, is circulated to Members in accordance
with Article 17.5 of the Understanding on Rule s and Procedures Governing the Settlement of
Disputes.

I t i s m y h o n o u r t o p r o v i d e t o y o u the Reports of the Appellate Body in Argentina – Measures
Affecting the Importation of Goods , / / These
Reports will be circulated to Members of the at approximately 4 p.m.
today, in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes. These Reports are co nfidential until their circulation. The three
Members of the Appellate Body who served on these appeals were Mr Seung Wha Chang, as
Presiding Member, and Mr Ujal Bhatia and Mr Ricardo Ramírez-Hernández, as Members.
ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS COMMUNICATION FROM ARGENTINA AND THE EUROPEAN UNION CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 13 March 2015
Document codes: WT/DS438/21
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS
COMMUNICATION FROM ARGENTINA AND THE EUROPEAN UNION CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, dated 12 March 2015, from the delegation of Argentina and the
delegation of the European Union to the Chairper son of the Dispute Settlement Body, is circulated
at the request of these delegations.

At its meeting on 26 January 2015, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute Argentina — Measures Affecting the Importation of
Goods (DS438). At the meeting of the DSB held on 23 February 2015, Argentina announced its
intention to implement the DSB’s recommendations and rulings in this dispute and stated that it
would need a reasonable period of time in which to do so.
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determined "through binding arbitration within
90 days after the date of adoption of the recommendations and rulings."
In order to allow sufficient time for the parties to discuss a mutually agreed period, Argentina and
the European Union (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties, considers that additional
time is required; and (ii) hereby confirm that an y award of the arbitrator (including an award not
made within 90 days after the date of adoption of the DSB recommendations and rulings) shall be
deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in
determining the reasonable period of time for Argentina to implement the recommendations and
rulings of the DSB.
ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 6 July 2015
Document codes: WT/DS438/22
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 2 July 2015, from the delegation of Argentina and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated
in accordance with Article 21.3(b) of the DSU.

We wish to inform you that, pursuant to Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), Argentina and the European Union have
agreed that the reasonable period of time fo r Argentina to implement the recommendations and
rulings of the Dispute Settlement Body ("DSB") in the dispute Argentina – Measures Affecting the
Importation of Goods (WT/DS438) shall be 11 months and 5 days from the 26 January 2015 date
of adoption of the DSB recommendations and rulings. Accordingly, the reasonable period of time
expires on 31 December 2015.

We request that you circulate this notification to the Members of the DSB.

(signed) (signed)
H.E. Mr Alberto Pedro D'Alotto
Ambassador
Permanent Mission of Argentina
H.E. Mr Angelos Pangratis
Ambassador
Permanent Mission of the European Union
ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS APPELLATE BODY REPORT AND PANEL REPORT ACTION BY THE DISPUTE SETTLEMENT BODY
Document: APPELLATE BODY REPORT AND PANEL REPORT
Date: 28 January 2015
Document codes: WT/DS438/20; WT/DS438/AB/R; WT/DS438/R; WT/DS438/R/Add.1
Complainant: EU
Respondent: Argentina
Third parties: Australia, Canada, China, Ecuador, Guatemala, India, Israel, Japan, South Korea, Norway, Saudi Arabia, Switzerland, Taiwan, Thailand, Turkey, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. X:1, X:3, XI:1  GATT 1994Art. 1.3, 1.4, 1.6, 3.2, 3.3, 3.5(f)  Import LicensingArt. III:4  GATT 1994

ARGENTINA - MEASURES AFFECTING THE IMPORTATION OF GOODS
APPELLATE BODY REPORT AND PANEL REPORT
ACTION BY THE DISPUTE SETTLEMENT BODY
At its meeting on 26 January 2015, the Dispute Settlement Body adopted the Appellate Body
report on Argentina – Measures Affecting the Importation of Goods () and the
Panel report (, and ), as modified by the Appellate Body report.
The Panel report should be read in conjunction with the Appellate Body report.

DE MARCHANDISES
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL
DE RÈGLEMENT DES DIFFÉRENDS
À sa réunion du 26 janvier 2015, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire " Argentine – Mesures affectant les importations de marchandises "
de l'Organe d'appel.

ACTUACIÓN DEL ÓRGANO DE SOLUCIÓN DE DIFERENCIAS
En su reunión de 26 de enero de 2015, el Órgano de Solución de Diferencias adoptó el informe del
CHINA – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN AUTOMOBILES FROM THE UNITED STATES CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE UNITED STATES NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 13 February 2013
Document codes: WT/DS440/3; WT/DS440/2; WT/DS440/2
Complainant: U.S.
Respondent: China
Third parties: Colombia, EU, India, Japan, South Korea, Oman, Turkey, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. 5.4  Anti-dumpingArt. 11.4, 12.7, 12.8, 22.3, 22.5  Subsidies and Countervailing Measures (SCM)Art. 6.9, 6.8, Annex 2, 12.2, 12.2.2, 6.5.1  Anti-dumpingArt. 12.4.1, 15.1, 16.1  Subsidies and Countervailing Measures (SCM)Art. 3.1, 4.1, 3.1, 3.2  Anti-dumpingArt. 15.4  Subsidies and Countervailing Measures (SCM)Art. 3.4, 3.5  Anti-dumpingArt. 15.5  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1  Anti-dumpingArt. 10  Subsidies and Countervailing Measures (SCM)  Subsidies and Countervailing Measures (SCM)

CHINA – ANTI-DUMPING AND COUNTERVAILING DUTIES
ON CERTAIN AUTOMOBILES FROM THE UNITED STATES
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST
OF THE UNITED STATES
NOTE BY THE SECRETARIAT
1. At its meeting on 23 October 2012, 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 Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU).
1

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant pr ovisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by the United States in
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 1 February 2013, the United States requested the Director-General to determine the
composition of the Panel, pursuant to Article 8.7 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 sh all 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 11 February 2013, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Pierre Pettigrew

 Members: Ms Andrea Marie Brown
 Ms Enie Neri De Ross

5. Colombia; the European Union; India; Japan; Korea; Oman; Saudi Arabia, Kingdom of; and
Turkey have reserved their rights to participate in the Panel proceedings as third parties.
CHINA – ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN AUTOMOBILES FROM THE UNITED STATES COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 25 September 2013
Document codes: WT/DS440/4
Complainant: U.S.
Respondent: China
Third parties: Colombia, EU, India, Japan, South Korea, Oman, Turkey, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. 5.4  Anti-dumpingArt. 11.4, 12.7, 12.8, 22.3, 22.5  Subsidies and Countervailing Measures (SCM)Art. 6.9, 6.8, Annex 2, 12.2, 12.2.2, 6.5.1  Anti-dumpingArt. 12.4.1, 15.1, 16.1  Subsidies and Countervailing Measures (SCM)Art. 3.1, 4.1, 3.1, 3.2  Anti-dumpingArt. 15.4  Subsidies and Countervailing Measures (SCM)Art. 3.4, 3.5  Anti-dumpingArt. 15.5  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1  Anti-dumpingArt. 10  Subsidies and Countervailing Measures (SCM)  Subsidies and Countervailing Measures (SCM)

CHINA – ANTI-DUMPING AND COUNTERVAILING DUTIES
ON CERTAIN AUTOMOBILES FROM THE UNITED STATES
COMMUNICATION FROM THE PANEL
The following communication, dated 25 September 2013, was received from the Chairperson of
the Panel with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Pr ocedures 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 accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on China – Anti-dumping and Countervailing Duties on Certain Automobiles from the
United States (WT/DS440) was established by the DSB on 23 October 2012
 and composed on
11 February 2013.

The Panel expects to issue its final report to the parties by March 2014, in accordance with the
timetable adopted after consultation with the parties.
CHINA - ANTI-DUMPING AND COUNTERVAILING DUTIES ON CERTAIN AUTOMOBILES FROM THE UNITED STATES PANEL REPORT ACTION BY THE DISPUTE SETTLEMENT BODY
Document: PANEL REPORT
Date: 20 June 2014
Document codes: WT/DS440/5; WT/DS440/R; WT/DS440/R/Add.1; WT/DS440/R; WT/DS440/R/Add.1
Complainant: U.S.
Respondent: China
Third parties: Colombia, EU, India, Japan, South Korea, Oman, Turkey, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. 5.4  Anti-dumpingArt. 11.4, 12.7, 12.8, 22.3, 22.5  Subsidies and Countervailing Measures (SCM)Art. 6.9, 6.8, Annex 2, 12.2, 12.2.2, 6.5.1  Anti-dumpingArt. 12.4.1, 15.1, 16.1  Subsidies and Countervailing Measures (SCM)Art. 3.1, 4.1, 3.1, 3.2  Anti-dumpingArt. 15.4  Subsidies and Countervailing Measures (SCM)Art. 3.4, 3.5  Anti-dumpingArt. 15.5  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1  Anti-dumpingArt. 10  Subsidies and Countervailing Measures (SCM)  Subsidies and Countervailing Measures (SCM)

CHINA - ANTI-DUMPING AND COUNTERVAILING DUTIES
ON CERTAIN AUTOMOBILES FROM THE UNITED STATES
PANEL REPORT
ACTION BY THE DISPUTE SETTLEMENT BODY
At its meeting on 18 June 2014, the Dispute Settlement Body adopted the Panel report
( and ).

CHINE - DROITS ANTIDUMPING ET COMPENSATEURS VISANT
CERTAINES AUTOMOBILES EN PROVENANCE
DES ÉTATS-UNIS
RAPPORT DU GROUPE SPÉCIAL
spécial ( et ).

CHINA - DERECHOS ANTIDUMPING Y COMPENSATORIOS
SOBRE DETERMINADOS AUTOMÓVILES PROCEDENTES
DE LOS ESTADOS UNIDOS
INFORME DEL GRUPO ESPECIAL
ACTUACIÓN DEL ÓRGANO DE SOLUCIÓN DE DIFERENCIAS
En su reunión de 18 de junio de 2014, el Órgano de Solución de Diferencias adoptó el informe del
Grupo Especial ( y ).
AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Uruguay
Date: 26 July 2012
Document codes: WT/DS441/2
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN
PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from Uruguay

 The following communication, dated 23 July 2012, from the delegation of Uruguay to the
delegation of Australia, the delegation of the Domi nican Republic and the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 With reference to the request for consulta tions by the Dominican Republic in the case
Australia - Certain Measures Concerning Tradema rks, Geographical Indica tions and Other Plain
Packaging Requirements Applicable to Tobacco Products and Packaging , dated 18 July 2012
(), I have the honour to inform you that my authorities have instructed me to notify the
consulting Members and the Dispute Settlement Body of Uruguay's wish, in the light of its substantial
trade interest and its position in relation to these consultations, to be joined in the consultations
pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes.

 I take this opportunity to renew to the Ambassador the assurances of my highest
consideration.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from New Zealand
Date: 27 July 2012
Document codes: WT/DS441/3
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from New Zealand

 The following communication, dated 23 July 2012, from the delegation of New Zealand to
the delegation of Australia, the delegation of Do minican Republic and to the Chairperson 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) , New Zealand hereby notifies the G overnments of Australia and the
Dominican Republic as well as the Dispute Settlement Bo dy (DSB) that it wishes to be joined in the
consultations requested by the Dominican Republic in the document circulated to WTO Members on
23 July 2012 entitled " Australia – Certain Measures Concerning Trademarks, Geographical
Indications and Other Plain Packaging Requirem ents Applicable to Tobacco Products and
Packaging" (, , , ).

New Zealand has a substantial trade interest in the subject of the consultations and a systemic
interest in the application and inte rpretation of the provisions of the Agreement on Trade-Related
Aspects of Intellectual Property Rights , the Agreement on Technical Barriers to Trade , and the
General Agreement on Tariffs and Trade 1994.

New Zealand looks forward to confirmation of receipt and acceptance of this request and
advice regarding the timing and venue for the cons ultations. I have further requested that this
communication be circulated to the Members of the DSB.