Green_Earth
United States - Conditional Tax Incentives for Large Civil Aircraft - Communication from the Appellate Body - Revision
日期:2017/03/08
作者:The Appellate Body
文件編號:WT/DS487/8/Rev.1
附件下載:WTDS487-8R1.doc
因為版本問題,開啟附件時可能會出現錯誤訊息,如「檔案已損毀」的訊息,請您忽略此訊息,即可正常開啟

United States – Conditional Tax Incentives
for Large Civil Aircraft

Communication from the Appellate Body

Revision

The following communication, dated 3 March 2017, from the Chair of the Appellate Body addressed to the Chair of the Dispute Settlement Body, is circulated to Members in accordance with Article 4.9 of the Agreement on Subsidies and Countervailing Measures.

 

_______________

 

 

I am writing to you pursuant to Article 4.9 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement), which stipulates that, as a general rule, the Appellate Body will circulate its report no later than 30 days after the appellant has formally notified the Dispute Settlement Body (DSB) of its decision to appeal. Article 4.9 states, furthermore, that, when the Appellate Body considers that it cannot provide its report within 30 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.

 

The United States notified the DSB on 16 December 2016 of its decision to appeal certain issues of law covered in the Panel Report and legal interpretations developed by the Panel in this dispute, with the result that day 30 in this proceeding fell on Monday, 16 January 2017. On 17 January 2017, the European Union filed a Notice of Other Appeal in this dispute.

 

The Appellate Body was not able to circulate its report by the end of the 30-day period, or within the 60‑day timeframe provided for in Article 4.9 of the SCM Agreement, due to particular aspects arising in this proceeding, including the time needed for adopting and complying with additional procedures to protect business confidential information, the consequent extensions of the deadlines for filing submissions, and overlapping issues identified by the participants in parallel proceedings. We further note the substantial workload faced by the Appellate Body, the overlap in the composition of the Divisions hearing several concurrent appeals, and the shortage of staff in the Appellate Body Secretariat.

 

The circulation date of the Appellate Body report in this appeal will be communicated to the participants and third participants in due course.

 

 

__________