 
  WORLD TRADE  
ORGANIZATION  WT/DS217/36 
11 February 2004 
 
 (04-0523) 
  
  
 
UNITED STATES – CONTINUED DUMPING AND SUBSIDY 
OFFSET ACT OF 2000 
 
Recourse by the United States to Article 22.6 of the DSU
 
 
Constitution of the Arbitrator  
 
Note by the Secretariat  
  
1. At its meeting on 26 January  2004, the Dispute Settlement Body (DSB) agreed that the matter 
raised by the United States in document WT/DS 217/30, with respect to Japan's recourse to 
Article 22.2 of the DSU, shall be referred to arb itration in accordance with Article 22.6 of the DSU. 
 2. Article 22.6 of the DSU provides as follows:  
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall 
grant authorization to suspend concessions or other obligations within 30 days of the 
expiry of the reasonable period of time unl ess the DSB decides by consensus to reject 
the request.  However, if the Member con cerned objects to the level of suspension 
proposed, or claims that the principles and procedures set forth in paragraph 3 have 
not been followed where a complaining part y has requested authorization to suspend 
concessions or other obligations pursuant to pa ragraph 3(b) or (c), the matter shall be 
referred to arbitration.  Such arbitration sha ll be carried out by the original panel, if 
members are available, or by an arbitrator
15 appointed by the Director-General and 
shall be completed within 60 days after the date of expiry of the reasonable period of 
time.  Concessions or other obligations sh all not be suspended during the course of 
the arbitration." 
(original footnote ) 15 The expression "arbitrator" shall be interpreted as referring 
either to an individual or a group. 
3. The following individuals will serve as arbitrators: 
 
 Chairman: Mr. Luzius Wasescha 
  Members: Mr. Maamoun Abdel-Fattah    Mr. William Falconer  
__________ 
 