WORLD TRADE
ORGANIZATIONWT/DS58/20
23 July 2001
(01-3729)
Original:  English
UNITED STATES – IMPORT PROHIBITION OF CERTAIN SHRIMP
AND SHRIMP PRODUCTS
Recourse to Article 21.5 of the DSU by Malaysia
Notification of an Appeal by Malaysia
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
The following communication, dated 23 July 2001, sent by Malaysia to the Dispute
Settlement Body (DSB), is circulated to Members.  This notification also constitutes the Notice of
Appeal, filed on the same day with th e Appellate Body, pursuant to the  Working Procedures for
Appellate Review .
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Pursuant to Article 16.4 of the  Understanding on Rules and Procedures Governing the
Settlement of Disputes   (DSU) and Rule 20 of the  Working Procedures for Appellate Review ,
Malaysia hereby notifies its decision to appeal to the Appellate Body certain issues of law covered in
the Panel Report on  United States – Import Prohibition of Certain Shrimp and Shrimp Products –
Recourse to Article 21.5 by Malaysia (WT/DS58/RW) and certain legal interpretations developed by
the Panel.
Malaysia seeks review by the Appellate Body of the Panel's finding that the United States
measure at issue does not constitute unjustifiable or arbitrary discrimination between countries where
the same conditions prevail and that it is therefore within the scope of measures permitted underArticle XX of the GATT 1994 as long as the conditions stated in the findings of the Panel Report, in
particular the ongoing serious good faith efforts to reach a multilateral agreement, remain satisfied.
This finding is in error, and is based on erroneous findings on issues of law and on related
interpretations with respect to the interpretation and application of the Article XX chapeau.
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