WORLD TRADE
ORGANIZATIONWT/DS236/3
8 February 2002
(02-0622)
UNITED STATES – PRELIMINARY DETERMINATIONS
WITH RESPECT TO CERTAIN SOFTWOOD LUMBER FROM CANADA
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 5 December 2001, in accordance with Article 6 of the Dispute Settlement
Understanding (DSU), the Dispute Settlement Body (DSB) established a Panel pursuant to the request
made by Canada in document WT/DS236/2.
2. At that meeting, the parties to the dispute also 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 Canada in document WT/DS236/2, the matter referred to the DSB by Canada in
that document, and to make such findings as will assist the DSB in making therecommendations or in giving the rulings provided for in those agreements".
3. On 22 January 2002, Canada requested the Director-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 composition of the panel by appointing the panelistswhom the Director-General considers 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 the dispute,  after consulting with the parties to the
dispute.  The Chairman of the DSB shall in form the Members of the composition of the
panel thus formed no later than 10 days after the date the Chairman receives such arequest."
4. On 1 February 2002, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Dariusz Rosati
Members: Mr. Robert Arnott
Mr. Gonzalo Biggs
5. The European Communities, India and Japan reserved their third party rights.
__________