United States – Anti-Dumping and
Countervailing Duties on Ripe Olives from Spain
Communication from the European Union and the United
States concerning
article 21.3(c) of the DSU
The following communication, dated 17 March 2022, from the
delegation of the European Union and the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated at the request of
these delegations.
______________
On 20
December 2021, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute United States – Anti-dumping and
countervailing duties on ripe olives from Spain (WT/DS577). In its
communication of 24 January 2022 (WT/DS577/10), the United States notified the
DSB that it intends to implement the recommendations and rulings of the DSB in
this dispute in a manner that respects its WTO obligations. The United States
also stated that it would need a reasonable period of time for implementation ("RPT").
The United States subsequently recalled this notification at the meeting of the
DSB held on 25 January 2022.
Article
21.3(c) of the DSU provides that, in the absence of an agreement between the
parties regarding the RPT, the RPT shall be determined "through binding
arbitration within 90 days after the date of adoption of the recommendations
and rulings".
In
light of ongoing discussions, in order to allow sufficient time for the parties
to discuss a mutually agreed period, the European Union and the United States
(i) agreed that, in the event an arbitration under Article 21.3(c) of the DSU
is requested, it shall be completed no later than 60 days after the date of the appointment of the
arbitrator, unless the arbitrator, following consultation with the parties,
considers that additional time is required; and (ii) hereby confirm their
common understanding that any award of the arbitrator (including an award which
is not made within 90 days after the date of adoption of the DSB recommendations
and rulings) will constitute an award of the arbitrator for the purposes of
Article 21.3(c) of the DSU in determining the reasonable period of time for the
United States to implement the recommendations and rulings of the DSB.
We
respectfully request that you circulate this communication to the Members of
the DSB.