 
  WORLD TRADE  
ORGANIZATION  WT/DS296/3 
15 March 2004 
 
 (04-1119) 
  
  
 
UNITED STATES - COUNTERVAILING DUTY INVESTIGATION ON  
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS  
(DRAMS) FROM KOREA 
 
Constitution of the Panel Established at the Request of Korea
 
 
Note by the Secretariat  
  
1. At its meeting on 23 January 2004, the Disput e Settlement Body established a Panel pursuant 
to the request by Korea in document WT/DS296/2,  in accordance with Article 6 of the Dispute 
Settlement Understanding (DSU). 
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard 
terms of reference.  The terms of reference are, therefore, the following: 
"To examine, in the light of the relevant provisions of the covered agreements cited 
by Korea in document WT/DS296/2, the matter  referred to the DSB by Korea in that 
document, and to make such finding s as will assist the DSB in making the 
recommendations or in giving the rulings provided for in those agreements." 
3. On 23 February 2004, Korea requested the Dir ector-General to determine the composition of 
the Panel, pursuant to paragraph 7 of Article  8 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 com position of the panel by appointing the 
panelists whom the Director-General consid ers 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 th e 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 5 March 2004, the Director-General accordingly composed the Panel as follows: 
Chairman: Mr. Hardeep Puri 
Members: Mr. John Adank 
   Mr. Michael Mulgrew 
5. China, the European Communities, Japan and Chin ese Taipei reserved their third-party rights. 
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