UNITED STATES – ANTI-DUMPING ACT OF 1916

Surveillance of Implementation of Recommendations and Rulings

Appointment of Arbitrator under Article 21.3(c) of the

Understanding on Rules and Procedures Governing the Settlement of Disputes

            The following communication, dated 19 December 2000, from the Permanent Delegation of the European Commission, the Permanent Mission of Japan and the Permanent Mission of the United States, to the Director-General, is circulated pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

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            We refer you to the communication from Japan and the European Communities, dated 17 November (WT/DS136/9 and WT/DS162/12), requesting binding arbitration under Article 21.3(c) of the  Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU") to determine the reasonable period of time for the United States of America to implement the recommendations and rulings of the Dispute Settlement Body (the "DSB") in the matter  United States – Anti-Dumping Act of 1916 – Request by Japan and the European Communities (WT/DS136 and 162), adopted on 26 September 2000.

            The Parties to the dispute, the United States, Japan and the European Communities, have agreed on an Arbitrator, pursuant to footnote 12 to Article 21.3(c) of the DSU:  Mr. A.V. Ganesan.  We are writing to request you to officially convey to Mr. A.V. Ganesan our agreement that he act as arbitrator in this matter.  We would also appreciate that he be assisted in his functions, as arbitrator under Article 21.3(c) of the DSU, by the staff of the Appellate Body Secretariat.