United States – Certain Measures on Steel and Aluminium Products
Constitution of the Panel Established at the Request of
Canada
Note by the Secretariat
1. At
its meeting on 21 November 2018, the Dispute Settlement Body (DSB) established
a panel pursuant to the request of Canada in document WT/DS550/11, in
accordance with Article 6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).
2. The
Panel's terms of reference are the following:
To examine, in the light of the relevant provisions of the covered
agreements cited by the parties to the dispute, the matter referred to the DSB
by Canada in document WT/DS550/11 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 7
January 2019, Canada requested the Director-General to determine the
composition of the panel, pursuant to Article 8.7 of the DSU. This paragraph 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.
4. On 25
January 2019, the Director-General accordingly composed the Panel as follows:
Chairperson:
Mr Elbio
Rosselli
Members: Mr Esteban
B. Conejos, Jr
Mr Rodrigo
Valenzuela
5. The
Kingdom of Bahrain; Brazil; China; Colombia; Egypt, the European Union;
Guatemala; Hong Kong, China; Iceland; India; Indonesia; Japan; Kazakhstan;
Malaysia; Mexico; New Zealand; Norway; Qatar; Russian Federation; the Kingdom
of Saudi Arabia; Singapore; South Africa; Switzerland; Chinese Taipei;
Thailand; Turkey; Ukraine; and the Bolivarian Republic of Venezuela have
reserved their rights to participate in the Panel proceedings as third parties.