UNITED STATES - ANTI-DUMPING DUTY ON
DYNAMIC RANDOM
ACCESS MEMORY SEMICONDUCTORS (DRAMS)
OF
ONE MEGABIT OR ABOVE FROM KOREA
Constitution
of the Panel Established at the Request of Korea
Note
by the Secretariat
1) At
its meeting on 16 January 1998 the Dispute Settlement Body (DSB) established a
panel pursuant to a request made by Korea (WT/DS99/2).
2) At
that meeting, the parties to the dispute agreed that the Panel should have
standard terms of reference. The terms
of reference are the following:
"To examine, in the light of
the relevant provisions of the covered agreements cited by Korea in document
WT/DS99/2 the matter referred to the DSB by Korea 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
10 March 1998, Korea requested the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 of the
DSU. Paragraph 7 of Article 8 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."