UNITED STATES – MEASURES RELATING TO ZEROING AND SUNSET REVIEWS
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 15 December 2010
Document codes: WT/DS322/38
Complainant: Japan
Respondent: U.S.
Third parties: Argentina, China, EU, Hong Kong, India, South Korea, Mexico, New Zealand, Norway, Taiwan, Thailand
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2.1, 2.4, 2.4.2, 9.1, 9.2, 9.3, 5.8, 3, 9.5, 11.1, 11.2, 11.3, 1  Anti-dumpingArt. VI  GATT 1994Art. 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – MEASURES RELATING TO ZEROING
AND SUNSET REVIEWS

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication has been received, on 13 December 2010, from the
Chairperson of the Arbitrator, with the request that it be circulated to the Dispute Settlement Body.

 The United States and Japan have jointly requested the Arbitrator to suspend its work, in the
context of informal discussions with respect to implementation (see the request attached).

 On the basis of this request, the Arb itrator has decided to suspend its work.

 The suspension can be terminated at any time at the written request of either Party and upon
such termination the Arbitrator's work will resume.

 The suspension will be automatically terminat ed and the Arbitrator's work will resume on
8 September 2011, unless Japan submits a written communication to the contrary to the Arbitrator by
7 September 2011.

 The suspension is without prejudice to any of the Parties' claims and arguments in these
dispute settlement proceedings

 The suspension will not otherwise affect the ri ghts and obligations of either Party under the
Marrakesh Agreement Establishing the World Trad e Organization or in these dispute settlement
proceedings.

Communication dated 10 December 2010,
Addressed to Mr Jose Antonio Buencamino, Chairperson of the Arbitrator,
from the delegations of the United States and Japan

 The United States and Japan (the "Parties") wish to thank you and the other members of the
Arbitrator for agreeing to serve in the above-referenced proceeding.

 The United States would like to inform the Arb itrator that it has sought informal discussions
with Japan with respect to implementation. In th at context, the United States respectfully requests the
Arbitrator to suspend its work. In light of that , Japan joins the United Stat es in making such request,
subject to the following conditions.

 The Parties hereby confirm the following matte rs, which they request the Arbitrator to
incorporate expressly or by reference in any decision by the Arbitrator to suspend:

• the suspension may be terminated at any time at the written request of either Party
and upon such termination the work of the Arbitrator will resume;

• the suspension will be automatically terminat ed and the work of the Arbitrator will
resume on 8 September 2011, unless Japan submits a written communication to the
contrary to the Arbitrator by 7 September 2011;

• the suspension is without prejudice to any of the Parties' claims and arguments in
these dispute settlement proceedings; and

• the suspension will not otherwise affect th e rights and obligations of either Party
under the Marrakesh Agreement Establishi ng the World Trade Organization or in
these dispute settlement proceedings."