dean22029/WTO_Docs huggingface dataset:
UNITED STATES - SUNSET REVIEW OF ANTI-DUMPING DUTIES ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Document: Communication from the Chairman of the Panel
Date: 14 January 2003
Document codes: WT/DS244/6
Complainant: Japan
Respondent: U.S.
Third parties: Brazil, Canada, Chile, EU, India, South Korea, Norway
Dispute stage: Appellate Body
Agreements cited: Art. VI, X  GATT 1994Art. 2, 3, 5, 6, 11, 12, 18.3, Annex II  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - SUNSET REVIEW OF ANTI-DUMPING DUTIES ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Communication from the Chairman of the Panel
The following communication, dated 9 January 2003, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).
Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed
six months.
Article 12.9 of the DSU states that, when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in writin g of the reasons for the delay, together with an
estimate of the period within which it will issue its report.
The Panel on "United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant
Carbon Steel Flat Products from Japan" was established by the DSB on 22 May 2002 and composed
on 17 July 2002.
It will not, however, be possible for the Panel to complete its work within six months due to
the timetable adopted after having heard the parties' views and based on the time periods prescribed in
Appendix 3 of the DSU.
The Panel expects to complete its work by April 2003.
UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Document: Communication from the Appellate Body
Date: 14 November 2003
Document codes: WT/DS244/8
Complainant: Japan
Respondent: U.S.
Third parties: Brazil, Canada, Chile, EU, India, South Korea, Norway
Dispute stage: Appellate Body
Agreements cited: Art. VI, X  GATT 1994Art. 2, 3, 5, 6, 11, 12, 18.3, Annex II  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Communication from the Appellate Body
The following communication, dated 12 November 2003, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its report.
Japan notified the Dispute Settlement Body on 15 September 2003 of its decision to appeal
certain issues of law covered in the Panel Report and legal interpretations developed by the Panel in
this case, with the result that the 60-day period expires on Friday, 14 November 2003. Due to the
time required for completion and translation of the Report, the Appellate Body will not be able to
circulate its Report by Friday, 14 November 2003. We estimate that the Appellate Body Report in
this appeal will be circulated to WTO Members no later than Monday, 15 December 2003.
UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Document: Communication from the Appellate Body
Date: 17 December 2003
Document codes: WT/DS244/9; WT/DS244/AB/R.
Complainant: Japan
Respondent: U.S.
Third parties: Brazil, Canada, Chile, EU, India, South Korea, Norway
Dispute stage: Appellate Body
Agreements cited: Art. VI, X  GATT 1994Art. 2, 3, 5, 6, 11, 12, 18.3, Annex II  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN

Communication from the Appellate Body

 The following communication, dated 15 December 2003, from Mr. Georges Abi-Saab,
Chairman of the Appellate Body, addressed to th e Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes.

 It is my honour to transmit to you the Report of the Appellate Body in ,
 It will be circulated to Member s of the later today, in
accordance with paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes . It is a confidential document until its circulation. The three Members of
the Appellate Body who served on this appeal were: Mr. Taniguchi, as Presiding Member;
Mr. Ganesan, and myself, as Members.
UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 20 January 2004
Document codes: WT/DS244/10; WT/DS244/AB/R; WT/DS244/R
Complainant: Japan
Respondent: U.S.
Third parties: Brazil, Canada, Chile, EU, India, South Korea, Norway
Dispute stage: Appellate Body
Agreements cited: Art. VI, X  GATT 1994Art. 2, 3, 5, 6, 11, 12, 18.3, Annex II  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – SUNSET REVIEW OF ANTI-DUMPING DUTIES ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 9 January 2004, the Disput e 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.

ÉTATS-UNIS – RÉEXAMEN À L'EXTINCTION DES DROITS ANTIDUMPING
APPLIQUÉS AUX PRODUITS PLATS EN ACIER AU CARBONE TRAITÉ

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

 À sa réunion du 9 janvier 2004, l'Organe de rè glement des différends a adopté le rapport de
l'Organe d'appel intitulé " États-Unis – Réexamen à l'extinction des droits antidumping appliqués aux
produits plats en acier au carbone traité contre la corrosion en provenance du Japon "
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

PLANOS DE ACERO AL CARBONO RESISTENTES A

Actuación del Órgano de Solución de Diferencias

 En su reunión de 9 de enero de 2004, el Ór gano de Solución de Diferencias adoptó el informe
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat1
Date: 17 July 2002
Document codes: WT/DS245/3; WT/DS245/2; WT/DS245/2
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat1
1. At its meeting on 3 June 2002, the DSB established a panel in accordance with Article 6 of
the DSU to examine the matter referred to the DSB by the United States ().
2. In accordance with Article 7.1 of the DSU, the terms of reference of the 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 9 July 2002, the United States requested the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 16 July 2002, the Director-General accordingly determined the composition of the Panel
as follows:
Chairman: Mr. Michael Cartland
Panelists: Mr. Christian Haeberli
Ms. Kathy-Ann Brown
5. Australia, Brazil, Chinese Taipei, the European Communities and New Zealand reserved their
right to participate in the Panel proceedings as third parties.
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Communication from the Chairman of the Panel
Date: 21 January 2003
Document codes: WT/DS245/4
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Communication from the Chairman of the Panel
The following communication, dated 16 January 2003, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding.
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/DS245) was
established by the DSB on 3 June 2002 and composed on 16 July 2002.
It will not, however, be possible for the Panel to complete its work in six months due to the
complexity of the matter and the Panel's decision to seek technical and scientific expertise pursuant to
Article 11 of the Agreement on Sanitary and Phytosanitary Measures and Article 13 of the DSU.
The Panel expects to issue its final report to the parties by the end of May 2003.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Notification of an Appeal by Japan under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 28 August 2003
Document codes: WT/DS245/5
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Notification of an Appeal by Japan
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 28 August 2003, sent by Japan to the Dispute Settlement
Body (the "DSB"), is circulated to Members. This notification also constitutes the Notice of Appeal,
filed on the same day with the Appellate Body, pursuant to the Working Procedures for Appellate
Review.
Pursuant to Article 16 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Rule 20 of the Working Procedures for Appellate Review, Japan
hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in the Panel
Report on Japan-Measures Affecting the Impor tation of Apples (, dated 15 th July 2003)
and certain legal interpretations developed by the Panel.
Japan seeks review by the Appellate Body of the conclusions of the Panel that Japan’s
phytosanitary measure on the United States apples is inconsistent with the Agreement on the
Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). These findings are in error,
and are based on erroneous findings on issues of law and related legal interpretations. The Appeal
relates to the following issues:
1. The Panel erred in law in finding that Japan acted inconsistently with its
obligations under Article 2.2 of the SPS Agreement. This finding reflects the Panel’s
erroneous interpretation of the rule of burden of proof, and the Panel’s failure to make
an objective assessment of the matter before it under Article 11 of the DSU.
2. The Panel erred in law in finding that Japan’s phytosanitary measure was
inconsistent with the requirements under Article 5.7 of the SPS Agreement. This
finding is based on an erroneous interpretation of the requirements under Article 5.7.
3. The Panel erred in law in finding that Japan’s phytosanitary measure was not
based on a risk assessment within the meaning of Article 5.1 of the SPS Agreement.
This finding is based on an erroneous interpretation of the requirements of a risk
assessment under Article 5.1.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Communication from the Appellate Body
Date: 23 October 2003
Document codes: WT/DS245/6
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Communication from the Appellate Body
The following communication, dated 23 October 2003, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of
the reasons for the delay together with an estimate of the period within which it will submit its report.
Japan notified the Dispute Settlement Body on 28 August 2003 of its decision to appeal
certain issues of law covered in the Panel Report and legal interpretations developed by the Panel in
this case, with the result that the 60-day period expires on Monday, 27 October 2003. Due to the time
required for completion and translation of the Report, the Appellate Body will not be able to circulate
its Report by Monday, 27 October 2003. We estimate that the Appellate Body Report in this appeal
will be circulated to WTO Members no later than Wednesday, 26 November 2003.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Communication from the Appellate Body
Date: 26 November 2003
Document codes: WT/DS245/7; WT/DS245/AB/R.
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Communication from the Appellate Body
The following communication, dated 26 November 2003, from Mr. James Bacchus, Chairman
of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is being circulated
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 , It will be circulated to Members of the
 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 Presiding Member; Mr. Luiz Olavo Baptista and Mr. Giorgio Sacerdoti, as
Members.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Agreement under Article 21.3(b) of the DSU
Date: 12 February 2004
Document codes: WT/DS245/9
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Agreement under Article 21.3(b) of the DSU

 The following communication, dated 10 February 2004, from the delegation of Japan and the
delegation of the United States, to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(b) of the DSU.

The Governments of Japan and the United States are pleased to inform you that, pursuant to
Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ,
on 30 January 2004, we mutually agreed that the reasonable period of time to implement the
recommendations and rulings of the Dispute Settleme nt Body (DSB) in the above-referenced dispute
shall be six months and 20 days, that is, from 10 December 2003 to 30 June 2004. We would be
grateful if you would ensure that this letter is circulated to the DSB.

 (signed) (signed)
 Masato Kitera David P. Shark
 Minister Chargé d'Affaires, a.i.
Deputy Permanent Representative to the WTO Deputy Permanent Representative to the WTO
 For the Government of Japan For the Government of the United States
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Recourse by the United States to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 30 July 2004
Document codes: WT/DS245/14; WT/DS245/11.; WT/DS245/11
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES

Recourse by the United States to Article 21.5 of the DSU

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 30 July 2004, the Dispute Settlement Body (DSB) d ecided, in accordance
with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised by the United
States in document

2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:

"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. The Panel is composed as follows:

 Chairperson: Mr. Michael Cartland

 Members: Mr. Christian Häberli
 Ms Kathy-Ann Brown

4. At the meeting on 30 July 2004, Austra lia, the European Communities, New Zealand and
Chinese Taipei reserved their third party rights.
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Recourse to Article 21.5 of the DSU by the United States Constitution of the Panel Note by the Secretariat Revision
Date: 13 August 2004
Document codes: WT/DS245/14/Rev.1; WT/DS245/11.; WT/DS245/11
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES

Recourse to Article 21.5 of the DSU by the United States

Constitution of the Panel

Note by the Secretariat

Revision

1. At its meeting on 30 July 2004, the Dispute Settlement Body (DSB) d ecided, in accordance
with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised by the United
States in document

2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:

"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. The Panel is composed as follows:

 Chairperson: Mr. Michael Cartland

 Members: Mr. Christian Häberli
 Ms Kathy-Ann Brown

4. Australia, Brazil, China, the European Communities, New Zealand and Chinese Taipei
reserved their rights to participate in the Panel proceedings as third parties.
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Recourse by Japan to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 30 July 2004
Document codes: WT/DS245/15; WT/DS245/13
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES

Recourse by Japan to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

1. At the meeting of the Dispute Settlement Body (DSB) on 30 July 2004, it was agreed that the
matter raised by Japan in document was referred to arbitration, as required by
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 oblig ations within 30 days of the expiry of the
reasonable period of time unless the DSB decides by consensus to reject the request.
However, if the Member concerned 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 party has requested authorization to suspend concessions or other obligations
pursuant to paragraph 3(b) or (c), the matter sha ll be referred to arbitration. Such arbitration
shall be carried out by the original panel, if members are available, or by an arbitrator
1
appointed by the Director-Gener al and shall be completed with in 60 days after the date of
expiry of the reasonable period of time. C oncessions or other obligations shall not be
suspended during the course of the arbitration".

3. The Arbitration will be carried out by the original panel, namely:

 Chairperson: Mr. Michael Cartland

 Members: Mr. Christian Häberli
 Ms Kathy-Ann Brown
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Recourse by the United States to Article 21.5 of the DSU Communication from the Chairman of the Panel
Date: 29 October 2004
Document codes: WT/DS245/17
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Recourse by the United States to Article 21.5 of the DSU

Communication from the Chairman of the Panel

 The following communication, dated 29 Oct ober 2004, addressed to the Dispute Settlement
Body (DSB), is circulated pursuant to Article 21.5 of the Dispute Settlement Understanding (DSU).

 Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that a panel called to review the existence or consistency with a covered
agreement of measures taken to comply with recommendations and rulings of the Dispute Settlement
Body (DSB) shall circulate its report within 90 days after the date of referral of the matter to it. When
the Panel considers that it cannot provide its report within this time frame, 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 matter was referred to the Panel on Japan - Measures Affecting the Importation of Apples
-- Recourse by the United States to Article 21.5 of the DSU (WT/DS245) at the DSB meeting of
 30 July 2004. Due in particular to the need to consult scientific experts, on which the Panel reached a
decision on 28 October 2004, the Panel is not able to issue its report within 90 days.

 The Panel expects to circulate its final repor t to Members during the second half of the month
of May 2005.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Request for Consultations by the United States
Date: 6 March 2002
Document codes: WT/DS245/1; G/L/520; G/SPS/GEN/299; G/AG/GEN/50
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Request for Consultations by the United States
The following communication, dated 1 March 2002, from the Permanent Mission of the
United States to the Permanent Mission of Japan and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of Japan
pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994),
Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS
Agreement) and Article 19 of the Agreement on Agriculture, with respect to restrictions imposed by
Japan on imports of apples from the United States.
Since 1994, Japan has imposed quarantine restrictions on US apples imported into Japan to
protect against the introduction of fire blight ( Erwinia amylovora ). These restrictions include,
inter alia, the prohibition of imported apples from orchards in which any fire blight is detected, the
requirement that export orchards be inspected three times yearly for the presence of fire blight, the
disqualification of any orchard from exporting to Japan should fire blight be detected within a
500 metre buffer zone surrounding such orchard, and a post-harvest treatment of exported apples with
chlorine. Japan appears to maintain these restrictions through Ministry of Agriculture, Forestry and
Fisheries Notification No. 1184, dated 22 August 1994, and related detailed rules and regulations.
Japan's measures appear to be inconsistent with the obligations of Japan under Article XI of
GATT 1994, Articles 2.2, 2.3, 5.1, 5.2, 5.3, 5.6, 6.1, 6.2 and 7 and Annex B of the SPS Agreement,
and Article 14 of the Agreement on Agriculture. Japan's measures also appear to nullify or impair the
benefits accruing to the United States directly or indirectly under the cited agreements.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 26 July 2005
Document codes: WT/DS245/20; WT/DS245/RW
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Panel Report pursuant to Article 21.5 of the DSU

Action by the Dispute Settlement Body

 At its meeting on 20 July 2005, the Dispute Settlement Body adopted the Panel report on
: Recourse to Article 21.5 of the DSU by the
United States ().

JAPON – MESURES VISANT L'IMPORTATION DE POMMES

Rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum

Groupe spécial " Japon – Mesures visant l'importation de pommes: Recours des États-Unis à

Actuación del Órgano de Solución de Diferencias

 En su reunión de 20 de julio de 2005, el Órgano de Solución de Diferencias adoptó el informe
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 16 December 2003
Document codes: WT/DS245/8; WT/DS245/AB/R; WT/DS245/R
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 10 December 2003, the Dis pute Settlement Body adopted the Appellate
Body report on () and the
Panel report (), as upheld by the Appella te Body report. The Panel report should be
read in conjunction with the Appellate Body report.

JAPON – MESURES VISANT L'IMPORTATION DE POMMES

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

de l'Organe d'appel intitulé Japon – Mesures visant l'importation de pommes () et le
Groupe spécial est à rapprocher de celui de l'Organe d'appel.

Actuación del Órgano de Solución de Diferencias
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Request by Japan for Arbitration under Article 22.6 of the DSU
Date: 29 July 2004
Document codes: WT/DS245/13
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Request by Japan for Arbitration under Article 22.6 of the DSU

 The following communication, dated 29 July 2004, from the delegation of Japan to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

 On 30 June 2004, Japan am ended and implemented its Detailed Rules for Plant Quarantine
Enforcement Regulation Concerning Fresh Fruit of Apple Produced in the United States of America
to comply with the Dispute Settlement Body (D SB) recommendations and rulings in the dispute
, adopted at the DSB on 10 December 2003.

 Pursuant to Article 22.6 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Japan objects to the level of suspension of concessions and other
obligations under the General Agreements on Tariffs and Trade 1994, the Agreement on the
Application of Sanitary and Phytosanitary Measures , and/or the Agreement on Agriculture proposed
by the United States in its letter dated 19 July 2004 ().

 Without prejudice to its position with resp ect to the WTO-consistency of Japan's
implementing measures, which will be examined by the Article 21.5 panel requested by the
United States in its letter also dated 19 July 2004 (), Japan considers that the level of
suspension proposed by the United States is not e quivalent to the level of the nullification or
impairment of benefits accruing to the United Stat es as a result of the alleged failure of Japan to
comply with the recommendations and rulings of the DSB in the matter (WT/DS245).

 In accordance with the provisions of Article 22.6 of the DSU and as envisaged in the
"Confirmed Procedures between Japan and the Unit ed States under Articles 21 and 22 of the Dispute
Settlement Understanding in the follow-up to the dispute in (WT/DS245)" (WT/DS245/10), Japan therefore requests that this matter be
referred to arbitration.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Request by Japan for Arbitration under Article 22.6 of the DSU Communication from the Arbitrator
Date: 10 August 2004
Document codes: WT/DS245/16
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Request by Japan for Arbitration under Article 22.6 of the DSU

Communication from the Arbitrator

 The following communication, dated 4 August 2004, has been received from the Delegation
of Japan and the Delegation of the United States an d addressed to Mr. Michael Cartland, Chairman of
the arbitrators.

 On 19 July 2004, the United States requ ested that the DSB establish a Panel under
Article 21.5 of the DSU and simultaneously requested authorization under Article 22.2 of the DSU to
suspend concessions or other obligations with respec t to Japan. Japan objected to the United States
Article 22.2 request on 29 July 2004. The matter has been referred to arbitration. The United States
and Japan understand that you and the other arbitrator s have also accepted to serve as panellists in the
Article 21.5 compliance proceeding. In the light of this development and in accordance with
paragraph 6 of the "Confirmed Procedures between Japan and the United States under Articles 21 and
22 of the Dispute Settlement Understanding in the Follow Up to the Dispute in Japan - Measures
Affecting the Importation of Apples" ("Confirme d Procedures") dated 30 June 2004 (),
the United states and Japan would request you and th e other arbitrators to suspend the Article 22.6
arbitration proceedings until adoption by the DSB of its recommendations and rulings.

 As recognized in the Confirmed Procedures, th e above is without prejudice to the right of
either the United States or Japan to take any action or procedural step in order to protect its rights and
interests under the WTO Agreement, including the reactivation of the arbitration proceedings.

 In accordance with the joint request by the parties, the Arbitrator has suspended the
arbitration proceeding.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Request by Japan for Arbitration under Article 22.6 of the DSU Communication from the Arbitrator
Date: 20 July 2005
Document codes: WT/DS245/18; WT/DS245/RW
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Request by Japan for Arbitration under Article 22.6 of the DSU

Communication from the Arbitrator

 The following communication, dated 19 July 2005, has been received from the Delegation of
Japan and the Delegation of the United States and addressed to Mr. Michael Cartland, Chairman of
the Arbitrator.

 On 20 July 2005, the report of the Panel in : Recourse to Article 21.5 of the DSU by the United States () will be considered
for adoption by the Dispute Settlement Body ("DSB").

 In response to the request of the parties pursuant to paragraph 6 of the "Confirmed Procedures
between Japan and the United States under Articles 21 and 22 of the Dispute Settlement
Understanding in the follow-up to the dispute in " of 30 June 2004 (), the Arbitrat or has suspended its proceedings under DSU
Article 22.6, as communicated through WT/DS245/ 16 dated 10 August 2004, until the adoption by
the DSB of the Article 21.5 compliance panel report. In order to permit time for further consultations,
Japan and the United States have agreed to request that the arbitration proceedings remain suspended
until 31 August 2005.

 Accordingly, Japan and the United States re quest that the arbitration proceedings be
suspended until 31 August 2005.

 In accordance with the joint request by the parties, the Arbitrator has suspended the
arbitration proceeding.
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Request by Japan for Arbitration under Article 22.6 of the DSU Communication from the Arbitrator Corrigendum Please note that the introductory  sentence should read as follows:
Date: 22 July 2005
Document codes: WT/DS245/18/Corr.1
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES

Request by Japan for Arbitration under Article 22.6 of the DSU

Communication from the Arbitrator

Corrigendum

 Please note that the introductory sentence should read as follows:

 The following communication, dated 18 July 2005, has been received from the Delegation of
Japan and the Delegation of the United States and addressed to Mr. Michael Cartland, Chairman of
the Arbitrator.
EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Document: Request to Join Consultations Communication from Venezuela
Date: 25 March 2002
Document codes: WT/DS246/2
Complainant: India
Respondent: EU
Third parties: Bolivia, Plurinational State of, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, Venezuela, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1  GATT 1994

EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING
OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Request to Join Consultations
Communication from Venezuela
The following communication, dated 20 March 2002, from the Permanent Mission of
Venezuela to the Permanent Delegation of the European Commission, the Permanent Mission of India
and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of
the DSU.
I wish to inform you that Venezuela is interest ed in being joined in the consultations to be
held between the European Communities (EC) and India concerning "European Communities -
Conditions for the Granting of Tariff Preferences to Developing Countries", DS/246.
Our request is specifically based on Venezuela's substantial trade interest in this matter, in
accordance with Article 4.11 of the WTO dispute settlement procedures.
EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Document: Request to Join Consultations Communication from Colombia
Date: 5 April 2002
Document codes: WT/DS246/3; WT/DS246/1; G/L/521
Complainant: India
Respondent: EU
Third parties: Bolivia, Plurinational State of, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, Venezuela, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1  GATT 1994

EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING
OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Request to Join Consultations
Communication from Colombia
The following communication, dated 21 March 2002, from the Permanent Mission of
Colombia to the Permanent Delegation of the European Commission, the Permanent Mission of India
and to the Chairman of the Dispute Settlement Body , is circulated in accordance with Article 4.11 of
the DSU.
I refer to the communication dated 5 March 2002, circulated in document ,
, in which India requests consultations with your delegation regarding the conditions under
which the European Union accords tariff preferences to the developing countries under its current
scheme of generalized tariff preferences (the GSP scheme).
In view of Colombia's substantial interest in these preferences, we hereby request to be joined
in the consultations in accordance with our rights under the multilateral system, and in particular,
pursuant to paragraph 4 of the Decision of 28 November 1979 of the GATT Contracting Parties on
Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing
Countries (L/4903, BISD 26S/203) (the Enabling Clause).
I would be grateful if you would inform me of the date and place of these consultations.
EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Document: Constitution of the Panel Established at the Request of India Note by the Secretariat
Date: 6 March 2003
Document codes: WT/DS246/5; WT/DS246/4; WT/DS246/4
Complainant: India
Respondent: EU
Third parties: Bolivia, Plurinational State of, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, Venezuela, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1  GATT 1994

EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING
OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Constitution of the Panel Established at the Request of India
Note by the Secretariat
1. At its meeting on 27 January 2003, the Dispute Settlement Body (DSB) established a Panel
pursuant to the request of India in document , in accordance with Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by India in document , the matter referred to the DSB by India 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 24 February 2003, India 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 6 March 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Julio Lacarte-Muró
Members: Ms. Marsha Echols
Mr. Akio Shimizu
5. Bolivia, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras,
Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, the United States and Venezuela
have reserved their rights to participate in the Panel proceedings as a third party.
EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Document: Communication from the Chairman of the Panel
Date: 24 September 2003
Document codes: WT/DS246/6
Complainant: India
Respondent: EU
Third parties: Bolivia, Plurinational State of, Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, Venezuela, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1  GATT 1994

EUROPEAN COMMUNITIES – CONDITIONS FOR THE GRANTING
OF TARIFF PREFERENCES TO DEVELOPING COUNTRIES
Communication from the Chairman of the Panel
The following communication, dated 22 September 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/DS246) was established by the DSB on 27 January 2003 and composed
on 6 March 2003.
However, due to the complexity of the matter, the Panel could not complete its work within
six months.
The Panel expects to issue its final report to the parties at the end of October.