UNITED STATES – CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000
Document: Constitution of the Panel Established at the Request of Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand Note by the Secretariat
Date: 5 November 2001
Document codes: WT/DS217/6; WT/DS234/14; WT/DS217/5; WT/DS234/12; WT/DS234/13
Complainant: Canada, Mexico
Respondent: U.S.
Third parties: Argentina, Australia, Brazil, Costa Rica, EU, Hong Kong, India, Indonesia, Israel, Japan, South Korea, Norway, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 5.4  Anti-dumpingArt. 5  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 8, 18  Anti-dumpingArt. 11.4, 18, 32  Subsidies and Countervailing Measures (SCM)Art. XVI  Agreement Establishing the World Trade OrganizationArt. 10  Subsidies and Countervailing Measures (SCM)Art. X  GATT 1994Art. 1  Anti-dumping

UNITED STATES – CONTINUED DUMPING
AND SUBSIDY OFFSET ACT OF 2000
Constitution of the Panel Established at the Request of Australia, Brazil, Canada, Chile,
the European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand
Note by the Secretariat
1. At its meetings on 23 August and 10 September 2001, the DSB established a single panel in
accordance with Article 9 of the DSU to examine the matters referred to the DSB by: Australia,
Brazil, Chile, the European Communities, India, Indonesia, Japan, Korea and Thailand
(); Canada (); and Mexico ().
2. At those meetings, 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 Australia, Brazil, Chile, the European Communities, India, Indonesia, Japan,
Korea and Thailand in document , by Canada in document
 and by Mexico in docume nt , the matters referred by
Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan,
Korea, Mexico and Thailand to the DSB in those documents, 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 15 October 2001, Australia, Brazil, Canada, Chile, the European Communities, India,
Indonesia, Japan, Korea, Mexico and Thailand 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 panellists
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 25 October 2001, the Director-General accordingly composed the panel as follows:
Chairman: H.E. Mr. Luzius Wasescha
Members: Mr. Maamoun Abdel-Fattah
Mr. William Falconer

5. Argentina, Canada, Costa Rica, Hong Kong, Chin a, Mexico and Norway reserved their third
party rights in DS217. Australia, Canada (in respect of Mexico's complaint), the European
Communities, India, Indonesia, Japan, Korea, Mexico (in respect of Canada's complaint) and Thailand
reserved their third party rights in DS234.