United States – Tariff Measures on Certain Goods from China

Constitution of the Panel Established at the Request of China

Note by the Secretariat

1.     At its meeting on 28 January 2019, the Dispute Settlement Body (DSB) established a panel pursuant to the request of China in document WT/DS543/7, in accordance with Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).^[1]

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 China in document WT/DS543/7 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 24 May 2019, China 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 3 June 2019, the Director-General accordingly composed the Panel as follows:

        Chairperson:    Mr Alberto Juan DUMONT

        Members:         Mr Álvaro ESPINOZA

                                Ms Claudia URIBE

5.     Australia, Brazil, Canada, the European Union, India, Indonesia, Japan, Kazakhstan, the Republic of Korea, New Zealand, Norway, the Russian Federation, Singapore, Chinese Taipei, Turkey, and Ukraine have reserved their rights to participate in the Panel proceedings as third parties.