thailand – Customs and fiscal measures on cigarettes
from the philippines

Status Report by Thailand

Addendum

The following communication, dated 13 February 2014, from the delegation of Thailand to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

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Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines
(WT/DS371)

Thailand submits this report in accordance with Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"). At its meeting on 15 July 2011, the Dispute Settlement Body ("DSB") adopted the Appellate Body report on Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines (WT/DS371/AB/R) and the panel report (WT/DS371/R), as modified by the Appellate Body report.

On 23 September 2011, pursuant to Article 21.3(b) of the DSU, Thailand and the Philippines notified the DSB that they had mutually agreed on the reasonable period of time for Thailand to comply with the recommendations and rulings of the DSB. With respect to the DSB's recommendations and rulings regarding paragraphs 8.3(b) and (c) of the panel report, the reasonable period of time to comply shall be 15 months, expiring on 15 October 2012. With respect to the DSB's recommendations and rulings regarding all other measures, the reasonable period of time to comply shall be 10 months, expiring on 15 May 2012.

Article 21.6 of the DSU provides that the issue of implementation of the recommendations or rulings shall be placed on the agenda of the DSB meeting after six months following the date of establishment of the reasonable period of time pursuant to paragraph 3 and shall remain on the DSB's agenda until the issue is resolved. Accordingly, Thailand hereby provides the following status report of its progress in the implementation of the DSB's recommendations and rulings.

On 10 April 2012, Thailand submitted to the DSB its first status report under Article 21.6 of the DSU on its progress in the implementation of the DSB’s recommendations and rulings in this matter. This report was circulated to Members as document WT/DS371/15, dated 13 April 2012. Since then, Thailand has submitted monthly status reports to the DSB on this matter. Thailand's most recent status report was submitted on 9 January 2014 and was circulated to Members as document WT/DS371/15/Add.20, dated 10 January 2014.

Since the last status report, Thailand has continued to collect information in response to the Philippines' other requests and expects to provide additional information to the Philippines in the near future.  Thailand also looks forward to continued bilateral discussions with the Philippines on these topics.  Thailand considers that these discussions at the appropriate levels of government enable each party to have a full understanding of the other's position and to represent the best means of resolving any outstanding concerns the Philippines may have.