Turkey – Additional duties on imports of air conditioning machines
from Thailand

Communication from the Panel

The following communication, dated 19 November 2020, was received from the Chairperson of the Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

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On 10 November 2020, shortly before the Panel was scheduled to issue its final Report to the parties on 13 November 2020, the Panel received a communication from Thailand in which Thailand requested that the Panel suspend its work in Turkey – Additional Duties on Imports of Air Conditioning Machines from Thailand (DS573) in accordance with Article 12.12 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

Turkey responded to Thailand's request in a communication dated 11 November 2020 in which it asked the Panel not to accept Thailand's request. On 12 November 2020, Thailand replied to Turkey's communication of 11 November 2020 and reiterated its request that the Panel suspend its work. Given the timing and nature of Thailand's 10 November 2020 request, on 12 November 2020, the Panel advised the parties that it would not issue its final Report as earlier scheduled, while it considered Thailand's request. On 13 November 2020, Turkey reaffirmed its position that the Panel not accept Thailand's request.

Article 12.12 of the DSU provides that the Panel may suspend its work at any time at the request of the complaining party for a period not exceeding 12 months. This provision also indicates that if the work of the Panel has been suspended for more than 12 months, the authority for establishment of the Panel shall lapse.

The Panel has carefully considered Thailand's Article 12.12 request and the comments and issues raised by this matter. The Panel hereby informs the Dispute Settlement Body of its decision of 19 November 2020 to grant Thailand's request, suspend its work and not issue its final Report unless the Panel is requested to resume its work within the deadline specified in Article 12.12 of the DSU. The Panel also requests that this communication be circulated to Members.