Thailand – Customs and Fiscal Measures on Cigarettes
from the Philippines

Communication from the Philippines

The following communication, dated 29 June 2020, was received from the delegation of the Philippines with the request that it be circulated to the Dispute Settlement Body (DSB).

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The Philippines sets forth below the content of its intervention at the DSB meeting held on 29 June 2020 regarding Item 11 of the agenda, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines, particularly the Philippines' Recourse to Article 22.2 of the DSU (WT/DS371/32).

1.     Thank you, Mr. Chairman. At the outset, allow me to take this opportunity to congratulate you on your election as Chair of the Dispute Settlement Body, and to express our appreciation for the resumption of the DSB and WTO physical meetings. As a user and a firm believer in the WTO dispute settlement system, the Philippines is confident that your principled leadership will contribute to its strengthening and improvement.

2.     The Philippines wishes to thank the DSB Chair for his report to the Members, as well as for providing us with an opportunity to continue our dialogue with Thailand in a constructive spirit through consultations. We also wish to commend his continuing efforts to help us resolve these important and urgent concerns that have systemic implications to the rights of Members, under the Dispute Settlement Understanding (DSU).

3.     At the last DSB meeting, and in our Chair-guided consultations, the Chair had suggested that both parties attempt to find a way forward. In this context and with reference to our previous statements (WT/DS371/35; WT/DS371/37), the Philippines is pleased to update the Members that on 09 March 2020, in a letter addressed to the DSB Chair and Thailand, the Philippines proposed that the parties commence discussions to arrive at a constructive solution in order to complete the two (2) pending Article 21.5 appeals—including but not limited to proceedings under Article 25 of the DSU, Article 22.6 of the DSU, or other hybrid approaches acceptable to all parties, or through an agreed level of compensation. The Philippines maintains its good faith and openness to a time-bound and Chair-guided solution to this situation and awaits any ideas or suggestions from the Chair and Thailand.