UNITED STATES – IMPORT PROHIBITION OF

CERTAIN SHRIMP AND SHRIMP PRODUCTS

Communication from the Appellate Body

            The following communication, dated 9 September 1998, 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.

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            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 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.

            The United States notified the Dispute Settlement Body of its decision to appeal certain issues of law covered in the Panel Report and legal interpretations developed by the Panel on 13 July 1998, with the result that the 60-day period will expire on Monday, 14 September 1998.  Due to the time required for finalization and translation of the Report, the Appellate Body will not be able to circulate its Report by 14 September 1998.  We estimate that the Appellate Body Report in this appeal will be circulated to WTO Members by 12 October 1998.