dean22029/WTO_Docs huggingface dataset:
UNITED STATES – ANTI-DUMPING MEASURES ON OIL COUNTRY TUBULAR GOODS (OCTG) FROM MEXICO
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 2 December 2005
Document codes: WT/DS282/10; WT/DS282/AB/R
Complainant: Mexico
Respondent: U.S.
Third parties: Argentina, Canada, China, Taiwan, EU, Japan, Venezuela, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 3, 6, 11, 18  Anti-dumpingArt. VI, X  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – ANTI-DUMPING MEASURES ON
OIL COUNTRY TUBULAR GOODS (OCTG) FROM MEXICO

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 28 November 2005, the Dis pute Settlement Body adopted the Appellate
Body report on () and the Panel report (WT/DS 282/R), as modified by the Appellate Body
report. The Panel report should be read in conjunction with the Appellate Body report.

ÉTATS-UNIS – MESURES ANTIDUMPING VISANT LES PRODUITS
TUBULAIRES POUR CHAMPS PÉTROLIFÈRES
EN PROVENANCE DU MEXIQUE

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

de l'Organe d'appel intitulé États-Unis – Mesures antidumping visant les produits tubulaires pour
rapprocher de celui de l'Organe d'appel.

ESTADOS UNIDOS - MEDIDAS ANTIDUMPING RELATIVAS A
PROCEDENTES DE MÉXICO

Actuación del Órgano de Solución de Diferencias

 En su reunión de 28 de noviembre de 2005, el Órgano de Solución de Diferencias adoptó el
MEXICO – CERTAIN MEASURES PREVENTING THE IMPORTATION OF BLACK BEANS FROM NICARAGUA
Document: Request to Join Consultations Communication from the United States
Date: 28 March 2003
Document codes: WT/DS284/2; WT/DS284/1
Complainant: Nicaragua
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. I:1, X:1, X:3(a), XI:1, XIII:1  GATT 1994Art. 1.2, 1.3, 1.4, 2.2(a)  Import LicensingArt. 2.1, 2.2, 2.3, 5.1, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

MEXICO – CERTAIN MEASURES PREVENTING THE
IMPORTATION OF BLACK BEANS FROM NICARAGUA
Request to Join Consultations
Communication from the United States
The following communication, dated 27 March 2003, from the Permanent Mission of the
United States to the Permanent Mission of Mexico, the Permanent Mission of Nicaragua and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
This letter concerns the request for consultations by Nicaragua with respect to (). My
authorities have instructed me to notify the consulting Members and the Dispute Settlement Body of
the desire of the United States to be joined in these consultations pursuant to Article 4.11 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes.
The United States has a substantial trade interest in these consultations. In 2002, Mexico's
total imports of black beans were valued at $20 million, of which $19 million (95%) represented
imports from the United States. The measures at issue in Nicaragua’s request for consultations have
also restricted US exports of black beans.
MEXICO – CERTAIN MEASURES PREVENTING THE IMPORTATION OF BLACK BEANS FROM NICARAGUA
Document: Request to Join Consultations Communication from Canada
Date: 1 April 2003
Document codes: WT/DS284/3
Complainant: Nicaragua
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. I:1, X:1, X:3(a), XI:1, XIII:1  GATT 1994Art. 1.2, 1.3, 1.4, 2.2(a)  Import LicensingArt. 2.1, 2.2, 2.3, 5.1, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

MEXICO – CERTAIN MEASURES PREVENTING THE
IMPORTATION OF BLACK BEANS FROM NICARAGUA
Request to Join Consultations
Communication from Canada
The following communication, dated 28 March 2003, from the Permanent Mission of Canada
to the Permanent Mission of Mexico, the Permanent Mission of Nicaragua and to the Chairman 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), the Government of Canada hereby notifies its desire to be joined in
consultations requested by Nicaragua pursuant to Article 11.1 of the Agreement on the Application of
Sanitary and Phytosanitary Measures , Article 6 of the Agreement on Import Licensing Procedures ,
Article XXII of the General Agreement on Tariffs and Trade 1994 and Article 4 of the DSU, with
respect to certain measures preventing the importation of black beans from Nicaragua. The relevant
communication from the Permanent Mission of Nicaragua to the Permanent Mission of Mexico, dated
17 March 2003, was circulated to WTO Members on 20 March 2003 (; ;

Canada has both a commercial and systemic interest in the issues under consultation. As
Mexico is Canada's fourth-largest trading partner and is a significant importer of beans from Canada,
Canada has a substantial trade interest in these consultations. Moreover, Canada has a significant
systemic interest in the proper interpretation of WTO disciplines applicable to quota allocation and
general import procedures, as cited by Nicaragua in its request for consultations.
MEXICO – CERTAIN MEASURES PREVENTING THE IMPORTATION OF BLACK BEANS FROM NICARAGUA
Document: Communication from Nicaragua
Date: 11 March 2004
Document codes: WT/DS284/4; WT/DS284/1; G/L/614; G/LIC/D/37; G/SPS/GEN/375.
Complainant: Nicaragua
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. I:1, X:1, X:3(a), XI:1, XIII:1  GATT 1994Art. 1.2, 1.3, 1.4, 2.2(a)  Import LicensingArt. 2.1, 2.2, 2.3, 5.1, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

MEXICO – CERTAIN MEASURES PREVENTING THE IMPORTATION
OF BLACK BEANS FROM NICARAGUA

Communication from Nicaragua

 The following communication, dated 8 March 2004, from the delegation of Nicaragua to the
Chairman of the Dispute Settlement Body, is circulated at the request of Nicaragua.

 On 17 March 2003, Nicaragua requested consultations with Mexico regarding
Mexico - Certain Measures Preventing the Importation of Black Beans from Nicaragua . The request
was circulated as document , , ,

 Since that date, the governments of the two c ountries, relying on their excellent political and
trade relations, have periodically held talks with a view to finding a positive solution to the matter at
issue.
 Nicaragua considers that thanks to those nego tiations, its complaints have been adequately
addressed by the Mexican authorities and therefore wishes formally to withdraw the above-mentioned
request for consultations.
This decision does not in any way prejudge Nicar agua's right to oppose or challenge a similar
measure or any other measure affecting importations of black beans or other products or services of
Nicaraguan origin. Nor does it prejudge the arguments and fundamental points of fact and law raised
in its request for consultations.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Constitution of the Panel Established at the Request of Antigua and Barbuda Note by the Secretariat
Date: 26 August 2003
Document codes: WT/DS285/3; WT/DS285/2; WT/DS285/2
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES
Constitution of the Panel Established at the Request of Antigua and Barbuda
Note by the Secretariat
1. At its meeting on 21 July 2003, the Dispute Settlement Body (DSB) established a Panel
pursuant to the request of Antigua and Barbuda in document , in accordance with
Article 6 of the Dispute Settlement Understanding.
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 Antigua and Barbuda in document , the matter referred to the DSB
by Antigua and Barbuda 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 15 August 2003, Antigua and Barbuda 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 25 August 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. B.K. Zutshi
Members: Mr. Virachai Plasai
Mr. Richard Plender
5. Canada, the European Communities, Japan, Mexico and Chinese Taipei have reserved their
rights to participate in the Panel proceedings as a third party.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Chairman of the Panel
Date: 30 January 2004
Document codes: WT/DS285/4
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Chairman of the Panel

 The following communication, dated 29 January 2004, 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 DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms 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 pane l considers that it cannot issue its report within
six months, it shall inform the 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 United States – Measures Affecting th e Cross-Border Supply of Gambling and
Betting Services (WT/DS285) was established by the DS B on 21 July 2003, and composed on
25 August 2003.

 It will not, however, be possible for the Panel to complete its work in six months. Various
factors have had an impact on the Panel's timetabl e: a Party's request for preliminary rulings, the
intervention of the holiday season, the heavy agenda of the Panelists, as well as the complexity of the
legal and factual questions which have been raised.

 The Panel hopes to complete its work by the end of April 2004.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Chairman of the Panel
Date: 28 June 2004
Document codes: WT/DS285/5
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Chairman of the Panel

 The following communication, dated 25 June 2004, addressed to the Dispute Settlement Body
(DSB), is circulated in accordance with Article 12.12 of the Dispute Settlement
Understanding (DSU).

 In the context of the negotiations for a mutua lly agreed solution to the present dispute, the
parties have requested the Panel to suspend the panel proceedings, in accordance with Article 12.12 of
the DSU, until 23 August 2004. The Panel has agreed to this request.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Chairman of the Panel Addendum
Date: 20 August 2004
Document codes: WT/DS285/5/Add.1
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Chairman of the Panel

Addendum

 The following communication, dated 18 Augus t 2004, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.12 of the Dispute Settlement
Understanding (DSU).

 This is to inform you that on 16 August 2004 the parties to the dispute (WT/DS285),
requested the Panel to suspend the panel proceedi ngs, in accordance with Article 12.12 of the DSU,
for an additional 28 working days, effective for th e period 24 August to 4 October 2004, to allow for
the continuation of bilateral discussions. The Panel has agreed to this request.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Chairman of the Panel Addendum
Date: 11 October 2004
Document codes: WT/DS285/5/Add.2
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Chairman of the Panel

Addendum

 The following communication, dated 8 Octobe r 2004, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.12 of the Dispute Settlement
Understanding (DSU).

 This is to inform you that on 6 October 2004 the parties to the dispute (WT/DS285),
requested the Panel to suspend the panel proceedi ngs, in accordance with Article 12.12 of the DSU,
for an additional 30 working days, effective for the period 6 October 2004 to 16 November 2004, to
allow for the continuation of bilateral discussions. The Panel has agreed to this request.
ÉTATS-UNIS – MESURES VISANT LA FOURNITURE TRANSFRONTIÈRES DE SERVICES DE JEUX ET PARIS
Document: Communication du Président du Groupe spécial Addendum La communication ci-après, da tée du 8 novembre 2004 et adress ée à l'Organe de règlement des différends (ORD), est distribuée conformément à l'article 12:12 du Mémorandum d'accord sur le règlement des différends.
Date: 10 November 2004
Document codes: WT/DS285/5/Add.3
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

10 novembre 2004
 Original: anglais

ÉTATS-UNIS – MESURES VISANT LA FOURNITURE TRANSFRONTIÈRES
DE SERVICES DE JEUX ET PARIS

Addendum

 La communication ci-après, da tée du 8 novembre 2004 et adress ée à l'Organe de règlement
règlement des différends.

transfrontières de services de jeux et paris (WT/DS285). Les États-Unis ne se sont pas opposés à
8 novembre 2004.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Notification of Other Appeal by Antigua and Barbuda under Article 16.4 and Article 17 of DSU, and under Rule 23(1) of the Working Procedures for Appellate Review Corrigendum In numbered paragraph 1, the fi nal reference in the last sentence of the paragraph should be to "GATS Article XXVIII(a)", and not to "GATS Article XVIII(a)", so as to read: "In making this finding, the Panel misint erpreted Antigua’s Panel request and incorrectly interpreted and applied DSU Ar ticle 6.2 and GATS Articles I:1, I:3(a), XXIII and XXVIII(a)."
Date: 17 February 2005
Document codes: WT/DS285/7/Corr.1
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Notification of Other Appeal by Antigua and Barbuda

under Article 16.4 and Article 17 of DSU, and under Rule 23(1) of the
Working Procedures for Appellate Review

Corrigendum

 In numbered paragraph 1, the fi nal reference in the last sentence of the paragraph should be to
"GATS Article XXVIII(a)", and not to "GATS Article XVIII(a)", so as to read:

"In making this finding, the Panel misint erpreted Antigua’s Panel request and
incorrectly interpreted and applied DSU Ar ticle 6.2 and GATS Articles I:1, I:3(a),
XXIII and XXVIII(a)."
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Appellate Body
Date: 11 March 2005
Document codes: WT/DS285/8
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Appellate Body

 The following communication, dated 8 March 2005, 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 afte r the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Ar ticle 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its report within 60 days, it shall inform the Dispute
Settlement Body in writing of the reasons for the de lay together with an estimate of the period within
which it will submit its report.

 The United States notified the Dispute Settlement Body on 7 January 2005 of its decision to
appeal certain issues of law covered in the Pane l Report and legal interpre tations developed by the
Panel in this case, with the result that the 60-day period expires on Tuesday, 8 March 2005. Due to
the time required for completion and translation of th e Report, the Appellate Body will not be able to
circulate its Report in this appeal by Tuesday, 8 March 2005. We estimate that the Appellate Body
Report will be circulated to WTO Members no later than Thursday, 7 April 2005.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Communication from the Appellate Body
Date: 7 April 2005
Document codes: WT/DS285/9; WT/DS285/AB/R.
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Communication from the Appellate Body

 The following communication, dated 7 April 20 05, from Mr. Yasuhei Taniguchi, Chairman of
the Appellate Body, addressed to the Chairman of th e 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 transmit to you the Report of the Appellate Body in , It
will be circulated to Members of the at 4 p.m. 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 circul ation. The three Members of the Appellate
Body who served on this appeal were: Mr. Giorgio Sacerdoti as Presiding Member; Mr. Georges
Abi-Saab and Mr. John Lockhart, as Members.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Appointment of Arbitrator by the Director-General under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes Note by the Secretariat On 30 June 2005, pursuant to the request  received on 20 June 2005 from Antigua and Barbuda, the Director-General appointed Dr. Clau s-Dieter Ehlermann to act as arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes in the matter United States – Measures Affecting the Cr oss-Border Supply of Gambling and Betting Services.
Date: 5 July 2005
Document codes: WT/DS285/12
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Appointment of Arbitrator by the Director-General under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

Note by the Secretariat

 On 30 June 2005, pursuant to the request received on 20 June 2005 from Antigua and
Barbuda, the Director-General appointed Dr. Clau s-Dieter Ehlermann to act as arbitrator under
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
in the matter United States – Measures Affecting the Cr oss-Border Supply of Gambling and Betting
Services.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 23 August 2005
Document codes: WT/DS285/14; WT/DS285/13
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF
GAMBLING AND BETTING SERVICES

Arbitration under Article 21.3(c) of the Understanding

on Rules and Procedures Governing the Settlement of Disputes

 The following communication, dated 19 August 2005, from the arbitrator,
Dr. Claus-Dieter Ehlermann, to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 21.3(c) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.

 I am pleased to provide to you a copy of my Arbitration Award in (), pursuant to
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes .
It was circulated to Members of the today.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Status Report by the United States
Date: 7 March 2006
Document codes: WT/DS285/15
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Status Report by the United States

 The following communication, dated 6 March 2006, from the delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS285)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 On 20 April 2005, the Dispute Settlement Bo dy ("DSB") adopted its recommendations and
rulings in (WT/DS285). At the following DSB meeting on 19 May 2005, the United States informed
the DSB of its intention to implement the reco mmendations and rulings of the DSB in connection
with this matter. On 19 August 2005, the Article 21.3( c) arbitrator appointed by the Director General
determined that the reasonable period of time for implementation will expire on 3 April 2006.

 The US Administration, in consultation w ith the US Congress, has been working on
appropriate steps to resolve this matter.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Status Report by the United States Addendum
Date: 11 April 2006
Document codes: WT/DS285/15/Add.1
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Status Report by the United States

Addendum

 The following communication, dated 10 April 2006, from the delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS285)

 The United States submits this report in accordance with Article 21.6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes.

 On 20 April 2005, the Dispute Settlement Bo dy ("DSB") adopted its recommendations and
rulings in (WT/DS285). At the following DSB meeting on 19 May 2005, the United States informed
the DSB of its intention to implement the reco mmendations and rulings of the DSB in connection
with this matter. On 19 August 2005, the DSU Article 21.3(c) arbitrator appointed by the Director
General determined that the reasonable period of time for implementation will expire on 3 April 2006.

 On 5 April 2006, the US Department of Jus tice confirmed the position of the US Government
regarding remote gambling on horse racing in testim ony before a subcommitt ee of the US House of
Representatives. The Department of Justice stated that:

The Department of Justice views the existing criminal statutes as prohibiting the
interstate transmission of bets or wage rs, including wagers on horse races. The
Department is currently undertaking a ci vil investigation relating to a potential
violation of law regarding this activity. We have previously stated that we do not
believe that the Interstate Horse Raci ng Act, 15 U.S.C. §§ 3001-3007, amended the
existing criminal statutes.
 In view of these circumstances, the United St ates is in compliance with the recommendations
and rulings of the DSB in this dispute.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Recourse to Article 21.5 of the DSU by Antigua and Barbuda Constitution of the Panel Note by the Secretariat
Date: 16 August 2006
Document codes: WT/DS285/19; WT/DS285/18.
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Recourse to Article 21.5 of the DSU by Antigua and Barbuda

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 19 July 2006, 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 Antigua
and Barbuda 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 Antigua and Barbuda in document WT/D S285/18, the matter referred to the DSB
by Antigua and Barbuda 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:
1

 Chairperson: Mr Lars Anell

 Members: Mr Mathias Francke
 Mr Virachai Plasai

4. China, the European Communities and Japan ha ve reserved their rights to participate in the
Panel proceedings as third parties.

Mr Lars Anell as Chairperson, and Mr Mathias Francke as panelist.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Recourse to Article 21.5 of the DSU by Antigua and Barbuda Communication from the Chairman of the Panel
Date: 21 December 2006
Document codes: WT/DS285/20
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Recourse to Article 21.5 of the DSU by Antigua and Barbuda

Communication from the Chairman of the Panel

 The following communication, dated 20 Dece mber 2006, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 21.5 of the Dispute
Settlement Understanding (DSU).

 Article 21.5 of the DSU stipulates that a panel established under that provision shall circulate
its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further stipulates that when a panel considers that it cannot provide
its report within that timeframe, it shall inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.

 On 19 July 2006, the DSB agreed to refer the dispute United States – Measures Affecting the
Cross-Border Supply of Gambling and Betting Servi ces: Recourse to Article 21.5 of the DSU by
Antigua and Barbuda to the original panel, if possible. As the Chairperson of the original panel and
one of the panelists were unavailable to serve, the parties agreed on the composition of a new panel,
which was constituted on 16 August 2006.

 Due to the parties' scheduling constraints as well as the time required for the completion and
translation of the report into French and Spanish, th e Panel will not be able to issue its report within
the 90-day period foreseen in Article 21.5 of the DSU.

 The Panel expects to circulate its re port to Members by the end of March 2007.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Recourse by the United States to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 6 August 2007
Document codes: WT/DS285/24
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Recourse by the United States to Article 22.6 of the DSU

Constitution of the Arbitrator

Note by the Secretariat

1. At its meeting on 24 July 2007, the Dispute Settlement Body (DSB) agreed that the matter
raised by the United States in document WT/DS285/ 23 has been referred to arbitration in accordance
with 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 obligations within 30 days of the
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject
the request. However, if the Member con cerned 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 part y has requested authorization to suspend
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration sha ll be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time. Concessions or other obligations sh all not be suspended during the course of
the arbitration."
(original footnote) 15 The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.

3. The arbitration will be carried out by the original panelists as follows:

 Chairperson: Mr Lars Anell

 Members: Mr Mathias Francke
 Mr Virachai Plasai
UNITED STATES - MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 29 May 2007
Document codes: WT/DS285/21; WT/DS285/RW
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES - MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Panel Report pursuant to Article 21.5 of the DSU

Action by the Dispute Settlement Body

 At its meeting on 22 May 2007, the Dispute Settlement Body adopted the Panel report on
United States - Measures Affecting the Cro ss-Border Supply of Gambling and Betting Services:
Recourse to Article 21.5 of the DSU by Antigua and Barbuda ().

ÉTATS-UNIS - MESURES VISANT LA FOURNITURE TRANSFRONTIÈRES
DE SERVICES DE JEUX ET PARIS
Rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum d'accord

Groupe spécial sur l'affaire États-Unis - Mesures visant la fourniture transfrontières de services de
jeux et paris: Recours d'Antigua-et-Barbuda à l'article 21:5 du Mémorandum d'accord sur le
règlement des différends ().

ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL SUMINISTRO
TRANSFRONTERIZO DE SERVICIOS DE JUEGOS DE
AZAR Y APUESTAS

Actuación del Órgano de Solución de Diferencias

 En su reunión de 22 de mayo de 2007, el Órgano de Solución de Diferencias adoptó el
suministro transfronterizo de servicios de juegos de azar y apuestas: Recurso de Antigua y Barbuda
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 25 April 2005
Document codes: WT/DS285/10; WT/DS285/AB/R
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 20 April 2005, the Disput e Settlement Body adopted the Appellate Body
report on United States – Measures Affecting the Cro ss-Border Supply of Gambling and Betting
Services () and the Panel report (WT/DS 285/R), as modified by the Appellate Body
report. The Panel report should be read in conjunction with the Appellate Body report.

ÉTATS-UNIS – MESURES VISANT LA FOURNITURE TRANSFRONTIÈRES
DE SERVICES DE JEUX ET PARIS

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

 À sa réunion du 20 avril 2005, l'Organe de règl ement des différends a adopté le rapport de
l'Organe d'appel intitulé "États-Unis – Mesures visant la fourniture transfrontières de services de jeux
l'Organe d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL SUMINISTRO
TRANSFRONTERIZO DE SERVICIOS DE JUEGOS DE
AZAR Y APUESTAS

Actuación del Órgano de Solución de Diferencias

 En su reunión de 20 de abril de 2005, el Órga no de Solución de Diferencias adoptó el informe
transfronterizo de servicios de juegos de azar y apuestas () y el informe del Grupo
UNITED STATES - MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Appellate Body Report Corrigendum On page 6, paragraph 10, in the sec ond sentence, the comma  following the word "emphasizes" should be replaced with the word "t hat".  The third sentence, which repeats the second sentence, should be deleted. On page 77, paragraph 226, the reference at th e end of the first sentence to "Article XIV(a)", should read "Article XVI:2(a)".
Date: 20 August 2007
Document codes: WT/DS285/AB/R/Corr.1
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES - MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Appellate Body Report

Corrigendum

 On page 6, paragraph 10, in the sec ond sentence, the comma following the word
"emphasizes" should be replaced with the word "t hat". The third sentence, which repeats the second
sentence, should be deleted.

 On page 77, paragraph 226, the reference at th e end of the first sentence to "Article XIV(a)",
should read "Article XVI:2(a)".

ÉTATS-UNIS - MESURES VISANT LA FOURNITURE TRANSFRONTIÈRES
DE SERVICES DE JEUX ET PARIS

Rapport de l'Organe d'appel

Corrigendum

première phrase doit se lire "article XVI:2 a)".

ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL SUMINISTRO
TRANSFRONTERIZO DE SERVICIOS DE JUEGOS
DE AZAR Y APUESTAS

Corrigendum

 En la página 89, párrafo 226, primera frase, donde dice "apartado a) del artículo XIV" debe
decir "párrafo 2 a) del artículo XVI".
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Request from Antigua and Barbuda for Arbitration under Article 21.3(c) of the DSU
Date: 9 June 2005
Document codes: WT/DS285/11; WT/DS285/AB/R; WT/DS285/R
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Request from Antigua and Barbuda for Arbitration under Article 21.3(c) of the DSU

 The following communication, dated 6 June 2005, from the delegation of Antigua and
Barbuda to the Chairman of the Dispute Settlement Body, is circulated at the request of that
delegation.

 On 20 April 2005, the Dispute Settlement Body (the "DSB") of the
(the "WTO") adopted the Appellate Body Report and the Panel Report in ( and

 At the DSB meeting of 19 May 2005, the Un ited States announced that it would require a
reasonable period of time to comply with the recommendations and rulings of the DSB.
Unfortunately, Antigua and Barbuda and the United States have been unable to agree on a reasonable
period of time.

 As a result, Antigua and Barbuda requests that the reasonable period of time be determined
through binding arbitration pursuant to Article 21.3(c) of the WTO's Understanding on Rules and
Procedures Governing the Settlement of Disputes (the "DSU") within 90 days after the adoption of the
recommendations and rulings. According to our calculations, this date would be 19 July 2005.

 Antigua and Barbuda remains ready to enter in to consultations with the United States with a
view to reaching agreement on an arbitrator with in the ten day period provi ded for in footnote 12 to
Article 21.3 of the DSU.

 Thank you very much, and please do not h esitate to contact me should you have any
questions.
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Request by the United States for Arbitration under Article 22.6 of the DSU
Date: 24 July 2007
Document codes: WT/DS285/23; WT/DS285/22
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Request by the United States for Arbitration under Article 22.6 of the DSU

 The following communication, dated 23 July 2007, from the delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU.

Regarding the Recourse by Antigua and Barbuda to Article 22.2 of the DSU ( )
in the dispute (WT/DS285), my authorities have instructed me to inform you that, pursuant to Article 22.6
of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), the
United States (i) objects to the level of su spension of concessions and obligations under the
Agreement on Trade-Related Aspects of Intellectual Property Rights and the General Agreement on
Trade in Services proposed by Antigua and Barbuda in document , and (ii) claims that
Antigua and Barbuda's proposal in document does not follow the principles and
procedures set forth in paragraph 3 of Article 22 of the DSU.

Accordingly, as required by Article 22.6 of the DSU
1, the matter has been referred to
arbitration.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Request for Consultations by Thailand
Date: 31 March 2003
Document codes: WT/DS286/1; G/L/617
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS
Request for Consultations by Thailand
The following communication, dated 25 March 2003, from the Permanent Mission of
Thailand to the Permanent Delegation of the European Commission and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
Upon instruction from the Government of the Kingdom of Thailand, I have the honour to
request consultations with the European Communities ("EC") pursuant to Article 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), with respect to
the EC's customs classification for frozen boneless salted chicken cuts.
The measure at issue is the customs reclassification set out in the EC Regulation
No.1223/2002 of 8 July 2002 ("Regulation 1223/2002"), as amended by the Corrigendum to
Regulation 1223/2002. By virtue of Regulation 1223/2002, frozen boneless chicken cuts impregnated
with salt in all parts, with a salt content by weight of 1.2% to 1.9% are reclassified as frozen boneless
chicken cuts under code 0207.14.10 of the EC's combined nomenclature (CN). The product must be
deep-frozen and has to be stored at a temperature of lower than -18° C to ensure a shelf-life of at least
one year. Prior to Regulation 1223/2002, frozen boneless chicken cuts impregnated with salt in all
parts were classified as salted meat under CN code 0210.99.39.
As a result of the change in customs classification, frozen boneless salted chicken which had
previously been classified as salted meat at the ad valorem rate of 15.4% is now classified as frozen
chicken at the specific duty of 102.4 Euro per 100 kg, which results in an ad valorem rate that is
higher than the bound rate.
In the view of Thailand, the measure at issue is inconsistent with the EC's obligations under
Articles II:1(a) and II:1(b) of the GATT 1994 and its Schedule of Concessions (Schedule LXXX) and
nullifies or impairs benefits accruing to Thailand under the GATT 1994. It also gives rise to the
issues of unpredictability and uncertainty for future re-classification and re-modification of the
product in question. Thailand therefore requests that the consultations be held at your earliest
convenience with a view to achieving a prompt settlement of the matter.
My authorities look forward to receiving your reply to this request. I propose that the date
and venue of the consultations be agreed between our missions.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Request to Join Consultations Communication from Brazil
Date: 8 April 2003
Document codes: WT/DS286/2
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS
Request to Join Consultations
Communication from Brazil
The following communication, dated 3 April 2003, from the Permanent Mission of Brazil to
the Permanent Delegation of the European Commission, the Permanent Mission of Thailand and to
the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
I refer to the request by Thailand for consultations concerning the European Communities'
customs classification for frozen boneless chicken cuts, made on 25 March 2003, pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and
Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994).
In light of Brazil's substantial trade interest, as one of the world's largest exporters of chicken,
I hereby wish to convey the desire of the Govern ment of Brazil, pursuant to Article 4.11 of the DSU,
to join in those consultations.
I would be grateful for your positive response.
EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF FROZEN BONELESS CHICKEN CUTS
Document: Request to Join Consultations Communication from the United States
Date: 15 April 2003
Document codes: WT/DS286/3; WT/DS286/1
Complainant: Thailand
Respondent: EU
Third parties: Brazil, China, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. II, XXII  GATT 1994

EUROPEAN COMMUNITIES – CUSTOMS CLASSIFICATION OF
FROZEN BONELESS CHICKEN CUTS
Request to Join Consultations
Communication from the United States
The following communication, dated 10 April 2003, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission, the Permanent Mission of
Thailand and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11 of the DSU.
I am writing concerning the request for consultations by Thailand on , circulated on 31 March
2003 (). My authorities have instructed me to notify the consulting Members and the
Dispute Settlement Body of the desire of the United States to be joined in these consultations,
pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes. The United States has a substantial trade interest in this matter. Prior to 1997, the European
Union ("EU") was an important export market fo r US poultry, particularly poultry parts. For
example, US exports of poultry to the EU exceeded $50 million in 1996. Since then, a trade issue has
arisen that has curtailed US exports to the EU. However, when this issue is resolved, we anticipate
that the EU once again will be an important export market for US poultry.
This conclusion is supported by the fact that the United States is a leading producer and
exporter of poultry world-wide. Over the period 1996-2001, US exports of poultry (HS0207)
averaged nearly $2 billion world-wide; in many years during that period US global exports exceeded
$2 billion (e.g., in 2001). Furthermore, a significant portion of US global exports are frozen poultry
parts (HS020714). During the 1996-2001 period, about 75% of total US exports were these poultry
parts.