United States – Tax treatment for "foreign sales Corporations"

Recourse to Article 21.5 of the DSU by the European Communities

            The following communication, dated 12 December 2001, from the Chairman of the Appellate Body, Mr. Claus-Dieter Ehlermann, 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 the Dispute Settlement Body of 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.