UNITED STATES – CONTINUED DUMPING

AND SUBSIDY OFFSET ACT OF 2000

Constitution of the Panel Established at the Request of Australia, Brazil, Canada, Chile,

the European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand

Note by the Secretariat

1.                   At its meetings on 23 August and 10 September 2001, the DSB established a single panel in accordance with Article 9 of the DSU to examine the matters referred to the DSB by:  Australia, Brazil, Chile, the European Communities, India, Indonesia, Japan, Korea and Thailand (WT/DS217/5); Canada (WT/DS234/12); and Mexico (WT/DS234/13).

2.                   At those meetings, the parties to the dispute also agreed that the Panel should have standard terms of reference.  The terms of reference are, therefore, the following:

"To examine, in the light of the relevant provisions of the covered agreements cited by Australia, Brazil, Chile, the European Communities, India, Indonesia, Japan, Korea and Thailand in document WT/DS217/5, by Canada in document WT/DS234/12 and by Mexico in document WT/DS234/13, the matters referred by Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand to the DSB in those documents, 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 15 October 2001, Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico and Thailand requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU.  This paragraph provides: