03-35653 July 2003
- DRAFT -
UPDATE TO THE ANNUAL REPORT (2002) OF THE DISPUTE SETTLEMENT BODY
TO THE GENERAL COUNCIL
At its meeting on 24 June 2003, the DSB agreed to adopt ad referendum  an update to the
Annual Report (2002) of the DSB to the General Council which will cover the DSB's work since
December 2002 up to the 24 June 2003 meeting.  Accordingly, Members are invited to providecomments, if any, on the attached draft Report to the Secretariat (Ms. B. Mueller-Holyst,tel: 022 739 5107, fax:  022 739 5761) by close-of-business on Friday, 11 July 2003 .03-3565RESTRICTEDWORLD TRADE
ORGANIZATIONWT/DSB/W/233
3 July 2003
(03-3565)
Dispute Settlement Body
- DRAFT –
UPDATE TO THE ANNUAL REPORT (2002) OF THE DISPUTE SETTLEMENT BODY
TO THE GENERAL COUNCIL
This document updates the Annual Report (2002) of the DSB contained in WT/DSB/29.
Since the period covered by it, starting from December 2002 up to the 24 June 2003 meeting, the DSB
has held 14 meetings.  The minutes of these meetings, which remain the record of the DSB's work, arecontained in documents WT/DSB/M/138 – WT/DSB /M/151 and should be read in conjunction with
this report.
The following subjects are included in the report:
Page
1. Election of Chairperson...................................................................................................... ......2
2. Additional Procedures for Consultations Between the Chairperson of the DSB
and WTO Members In Relation to Amendments to the Working Procedures for
Appellate Review ........................................................................................................................3
3. Amendments to the Working Procedures for Appellate Review .............................................3
4. Indicative list of governmental and non-governmental panelists.........................................3
5. Update to the Annual Report (2002) to the General Council ...............................................4
6. Recourse to dispute settlement procedures ............................................................................4
(a) Argen tina ................................................................................................................... .................4
(i) Definitive anti-dumping dutie s on poultry from Brazil...............................................................4
(ii) Definitive safeguard measure on imports of preserved peaches ................................................4
(b) Canada ...................................................................................................................... ..................5
(i) Export credits and loan guar antees for regiona l aircra ft...........................................................5
(ii) Measures affecting the importation of milk and the exportation of dairy products:
Second Recourse to Article 21.5 of the DSU by New Zealand and the United States ................5
(iii) Measures relating to exports of wh eat and treatment of  imported grain ...................................5
(c) European Commun ities........................................................................................................ .......6
(i) Anti-dumping duties on imports of cotton-type bed linen from India:  Recourse to
Article 21.5 of the DSU by India............................................................................................... ..6
(ii) Conditions for the granting of tariff preferences to devel oping coun tries..................................6
(d) Korea....................................................................................................................... ....................7
(i) Measures affecting trade  in commercia l vesse ls.........................................................................7
(e) United States............................................................................................................... ................7WT/DSB/W/233
Page 2
(i) Anti-dumping and countervailing measures on steel plate from India.......................................7
(ii) Anti-dumping measures on certain hot -rolled steel products from Japan..................................7
(iii) Continued Dumping and Subs idy Offset Act of 2000..................................................................7
(iv) Countervailing duties on certain corrosion-resistant carbon steel flat products from
Germany........................................................................................................................ ..............8
(v) Countervailing measures concerning certain products from the European
Communities .................................................................................................................... ...........9
(vi) Definitive safeguard measures on imports of circular welded carbon quality line pipe
from Korea..................................................................................................................... .............9
(vii) Final dumping determination on softwood lumber from Canada...............................................9
(viii) Investigation of the International Trade Commission in softwood lumber from
Canada......................................................................................................................... .............10
(ix) Measures affecting the cross-border supply of gambling and betting services ........................10
(x) Subsidies on up land cotton .................................................................................................. .....10
(xi) Sunset reviews of anti-dumping measures on oil country tubular goods from
Argentina ...................................................................................................................... ............11
(xii) Tax treatment for “Forei gn Sales Corporations” ....................................................................12
(f) Uruguay ..................................................................................................................... ...............12
(i) Tax treatment on  certain products........................................................................................... .12
7. Surveillance of implementation of recommendations adopted by the DSB.......................13
(a) Egypt....................................................................................................................... ..................13
(i) Definitive anti-dumping measures  on steel rebar from Turkey ................................................13
(b) United States............................................................................................................... ..............13
(i) Anti-Dumping Act of 1916 .................................................................................................... ....13
(ii) Anti-dumping measures on certain hot-rolled steel products from Japan................................14
(iii) Section 110(5) of the US Copy right Act.................................................................................... 16
(iv) Section 211 Omnibus Appropriations Act of 1998....................................................................17
8. Other matters raised under "Other Business" ....................................................................18
(a) Statement by the Chairman concerning a communication from the Appellate Body
regarding the proposed amendments to the Working Procedures for Appellate Review ..........18
(b) Questions raised by the United States concerning the meeting of the DSB scheduled
for 26 Febr uary 2003 ........................................................................................................... .....18
1. Election of Chairperson (WT/DSB/M/143)
At its meeting on 19 February 2003, the DSB elected Mr. Shotaro Oshima (Japan) as
Chairman of the DSB by acclamation.
The outgoing and incoming Chairpersons spoke.The DSB took note of the statements.WT/DSB/W/233
Page 3
2. Additional Procedures for Consultations Between the Chairperson of the DSB and
WTO Members In Relation to Amendments to the Working Procedures for Appellate
Review  (WT/DSB/M/139)
At the DSB meeting on 19 December 2002, the Ch airman drew Members' attention to the
proposal contained in document WT/DSB/W/214 on Additional Procedures for Consultations
between the Chairperson of the DSB and WTO Members in relation to Amendments to the Working
Procedures for Appellate Review .  He said that delegations had been invited to make comments on the
proposal by 5 December 2002.  Since no delegation objected to it by the agreed deadline, he proposed
that the DSB agree to the proposal contained in WT/DSB/W/214.
The DSB took note of the statement and agreed to the Chairman's proposal contained in
WT/DSB/W/214.1
3. Amendments to the Working Procedures for Appellate Review  (WT/DSB/M/139, 142)
At the DSB meeting on 19 December 2002, the Chairman drew attention to the
communication from the Appellate Body (WT/AB/WP/5) containing additional explanations
regarding amendments to Rules 1, 24 and 27 of the Working Procedures for Appellate Review  as well
as proposed additional amendments to Rules 1, 24(4) and 27, together with proposed consequential
amendments to Rules 16(1), 18(5), 19 and 28, and to Annex 1.  He said that he would send a fax to
delegations regarding this matter in order to provid e them with an opportunity to comment in writing
by the date of the next regular DSB meeting scheduled for 27 January 2003.
The DSB took note of the statement.At the DSB meeting on 27 January 2003, delegations were invited to provide their views on
the proposed amendments to the Working Procedures for Appellate Review  as set out in document
WT/AB/WP/5.  The Chairman said that comment s made by Members on the proposed amendments,
including in writing, would be conveyed to the Appellate Body by 31 January 2003.  He said that in
accordance with the agreed procedures contained in WT/DSB/31, he would request the Appellate
Body to take these comments into account.
The representatives of Canada, United States, India, Ecuador, Japan, European Communities
and the Chairman spoke.
The DSB took note of the statements and agreed  to the course of action proposed by the
Chairman with regard to Members' comments on the proposed amendments to the Working
Procedures for Appellate Review .
4. Indicative list of governmental and non- governmental panelists (WT/DSB/M/139, 143,
145, 147, 151)
At its meeting on 19 December 2002, the DSB approved the names contained in document
WT/DSB/W/215 and Corr.1 proposed for inclusion on the indicative list of governmental and non-
governmental panelists, in accordance with Article 8.4 of the DSU.
At its meeting on 19 February 2003, the DSB approved the names contained in document
WT/DSB/W/220 proposed for inclusion on the indica tive list of governmental and non-governmental
panelists, in accordance with Article 8.4 of the DSU.
                                                     
1 Subsequently circulated in document WT/DSB/31.WT/DSB/W/233
Page 4
At its meeting on 18 March 2003, the DSB approved the name contained in document
WT/DSB/W/223 proposed for inclusion on the indica tive list of governmental and non-governmental
panelists, in accordance with Article 8.4 of the DSU.
At its meeting on 15 April 2003, the DSB approved the name contained in document
WT/DSB/W/226 proposed for inclusion on the indica tive list of governmental and non-governmental
panelists, in accordance with Article 8.4 of the DSU.
At its meeting on 24 June 2003, the DSB approved the name contained in document
WT/DSB/W/231 proposed for inclusion on the indica tive list of governmental and non-governmental
panelists, in accordance with Article 8.4 of the DSU.
5. Update to the Annual Report (2002) to the General Council (WT/DSB/M/151)
At its meeting on 24 June 2003, the DSB agreed to the Chairman's proposal that the
Secretariat prepare an update to the DSB's Annual Report (2002) to the General Council, which would
cover the DSB's work since December 2002 up to the 24 June meeting.  As agreed, the DSB would
adopt the report ad referendum , namely that Members would have one week to comment on the draft
report once the Secretariat has made it available to them.  After taking into account, as appropriate,
comments from delegations, the report would be fo rwarded to the General Council for consideration
at its meeting scheduled for 24 July 2003.
6. Recourse to dispute settlement procedures
(a) Argentina
(i) Definitive anti-dumping duties on poultry from Brazil (WT/DSB/M/150)
In April 20022, the DSB agreed to establish a panel to examine the complaint by Brazil with
regard to this matter.
At its meeting on 19 May 2003, the DSB considered the Panel Report contained in
WT/DS241/R pertaining to this matter.
The representatives of Brazil, Argentina, United States and Malaysia spoke.The DSB took note of the statements a nd adopted the Panel Report contained in
WT/DS241/R.
(ii) Definitive safeguard measure on imports of preserved peaches (WT/DSB/M/147, 150)
In January 2002
3, the DSB agreed to establish a panel to examine the complaint by Chile with
regard to this matter.
At its meeting on 15 April 2003, the DSB considered the Panel Report contained in
WT/DS238/R pertaining to this matter.
The representatives of Chile, Argentina and the European Communities spoke.
The DSB took note of the statements and adop ted the Panel Report contained in document
WT/DS238/R.
                                                     
2 WT/DSB/M/123.
3 WT/DSB/M/117.WT/DSB/W/233
Page 5
At the DSB meeting on 19 May 2003, the representative of Argentina drew Members'
attention to document WT/DS238/ 6, which contained information regarding his country's intentions to
comply with the DSB's recommendations in this case.
The representatives of Argentina and Chile spoke.The DSB took note of the statements.
(b) Canada
(i) Export credits and loan guarantees for regional aircraft (WT/DSB/M/145)
At its meeting on 18 March 2003, the DSB considered Brazil's request under Article 22.7 of
the DSU and Article 4.10 of the SCM Agreement for authorization to take appropriate
countermeasures against Canada (WT/DS222/10).
The representatives of Brazil, Canada, European Communities and the United States spoke.The DSB took note of the statements and, pursu ant to Brazil's request under Article 22.7 of
the DSU and Article 4.10 of the SCM Agreement,  contained in document WT/DS222/10, agreed to
grant authorization to suspend the application to Canada of tariff concessions or other obligations
consistent with the Arbitrator's deci sion contained in document WT/DS222/ARB.
(ii) Measures affecting the importation of milk and the exportation of dairy products:  Second
Recourse to Article 21.5 of the DSU by New Zealand and the United States (WT/DSB/M/141)
In December 2001
4, the DSB agreed, pursuant to Article 21.5 of the DSU, to refer to the
original Panel, if possible, the matter raised by New Zealand and the United States concerning
Canada's implementation of the DSB's recommenda tions in this case.  In September 2002, Canada
notified the DSB of its decision to appeal certain issues of law and legal interpretation developed by
the Panel (WT/DS103/28 – WT/DS113/28).
The representatives of New Zealand, United States, Canada, European Communities,
Australia, Argentina and India spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS103/AB/RW2 – WT/DS113/AB/ RW2 and the Panel Report contained in WT/DS103/RW2 –
WT/DS113/RW2, as modified by  the Appellate Body Report.
(iii) Measures relating to exports of wheat and treatment of imported grain (WT/DSB/M/145, 146)
At its meeting on 18 March 2003, the DSB considered a request by the United States for the
establishment of a panel to examine its complaint with regard to Canada's measures relating to exports
of wheat and treatment of imported grain (WT/DS276/6).
The representatives of the United States and Canada spoke.The DSB took note of the statements and agreed to revert to this matter.At its meeting on 31 March 2003, the DSB again considered this matter.
The representatives of the United States and Canada spoke.
                                                     
4 WT/DSB/M/116.WT/DSB/W/233
Page 6
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of Chile, European Communities, Japan, Mexico and Chinese Taipei
reserved their third-party rights to participate in the Panel's proceedings.5
(c) European Communities
(i) Anti-dumping duties on imports of cotton-type be d linen from India:  Recourse to Article 21.5
of the DSU by India (WT/DSB/M/148)
In May 20026, the DSB decided, in accordance with Article 21.5 of the DSU, to refer to the
original Panel the matter raised by India concerning the implementation by the European
Communities of the DSB's recommendations on this matter.  In January 2003, India notified the DSBof its decision to appeal certain issues of law and legal interpretations developed by the Panel
(WT/DS141/16).
At its meeting on 24 April 2003, the DSB considered the Appellate Body Report contained in
WT/DS141/AB/RW and the Panel Report containe d in WT/DS141/RW pertaining to this matter.
The representatives of India, European Communities, United States and Korea spoke.The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS141/AB/RW and the Panel Report contained in  WT/DS141/RW, as modified by the Appellate
Body Report.
(ii) Conditions for the granting of tariff prefer ences to developing countries (WT/DSB/M/139,
142)
At its meeting on 19 December 2002, the DSB considered a request by India for the
establishment of a panel to examine its complain t against the European Communities with regard to
conditions for the granting of tariff preferences to developing countries (WT/DS246/4).
The representatives of India, European Communities and Colombia, on behalf of the member
countries of the ANDEAN Community, spoke.
The DSB took note of the statements and agreed to revert to this matter.At its meeting on 27 January 2003, the DSB again considered this matter.
The representatives of India, European Communities, Colombia, Ecuador, Peru, Bolivia,
Malaysia and Paraguay spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
                                                     
5 After the meeting, Australia and China reserved their third-party rights to participate in the Panel's
proceedings.
6 WT/DSB/M/124 and Corr.1.WT/DSB/W/233
Page 7
The representatives of Brazil, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala,
Honduras, Paraguay, Peru, Sri Lanka, United States and Venezuela reserved their third-party rights to
participate in the Panel's proceedings.7
(d) Korea
(i) Measures affecting trade in commercial vessels (WT/DSB/M/151)
At its meeting on 24 June 2003, the DSB considered a request by the European Communities
for the establishment of a panel to examine its comp laint with regard to Korea's measures affecting
trade in commercial vessels (WT/DS273/2).  In addition to its panel request, the European
Communities also requested the DSB to initiate the procedures provided for in Annex V of the SCM
Agreement, and to designate a representative to serve the function of facilitating the information-
gathering process under Annex V.
The representatives of the European Communities, Korea, Japan, Brazil and the United States
spoke.
The DSB took note of the statements and agreed to revert to this mater.
(e) United States
(i) Anti-dumping and countervailing measures on steel plate from India (WT/DSB/M/143)
At the DSB meeting on 19 February 2003, the representative of the United States announced
that his country had implemented the DSB's recommendations and rulings in the case on "United
States – Anti-Dumping and Countervailing Meas ures on Steel Plate from India" (WT/DS206).
The representatives of the United States and India spoke.
The DSB took note of the statements.
(ii) Anti-dumping measures on certain hot-rolle d steel products from Japan (WT/DSB/M/138)
At its meeting on 5 December 2002, the DSB considered a request by the United States for
modification of the reasonable period of time for implementation of the DSB's recommendations and
rulings in the case on "United States - Anti-Dumping Measures on Certain Hot-Rolled Steel Products
from Japan" (WT/DS184/16).
The representatives of the United States and Japan spoke.The DSB took note of the statements and agreed to the request of the United States contained
in document WT/DS184/16.
(iii) Continued Dumping and Subsidy Offs et Act of 2000 (WT/DSB/M/142, 144)
In August 2001
8, the DSB agreed to establish a panel to examine the complaint by Australia,
Brazil, Chile, the EC, India, Indonesia, Japan, Korea and Thailand with regard to this matter.  InSeptember 2001
9, the DSB agreed that the panel established at the request of the above-mentioned
                                                     
7 After the meeting, Bolivia, Mauritius, Nicaragua, Pakistan and Panama reserved their third-party
rights to participate in the Panel's proceedings.
8 WT/DSB/M/108.
9 WT/DSB/M/109.WT/DSB/W/233
Page 8
countries would also examine the complaints by Canada and Mexico pertaining to the same matter.  In
October 2002, the United States notified the DSB of its decision to appeal certain issues of law and
legal interpretations developed by the Panel (WT/DS217/8 – WT/DS234/16).
At its meeting on 27 January 2003, the DSB considered the Appellate Body Report contained
in WT/DS217/AB/R – WT/DS234/AB/R and the Panel Report contained in WT/DS217/R –
WT/DS234/R pertaining to this matter.
The representatives of Canada, Chile, India, Korea, Brazil, Indonesia, Mexico, Thailand,
Australia, Japan, China, European Communities, Malaysia, United States and Hong Kong, China
spoke.
The DSB took note of the statements and adopted the Appellate Body Report in
WT/DS217/AB/R – WT/DS234/AB/R and the Panel Report contained in WT/DS217/R –
WT/DS234/R, as modified by  the Appellate Body Report.
At the DSB meeting on 26 February 2003, the parties to the dispute on "United States –
Continued Dumping and Subsidy Offset Act of 2000" made statements with regard to compliance
with the provisions of Article 21.3 of the DSU in relation to this dispute.
The representatives of Australia, Brazil, Cana da, European Communities, Japan, India, Korea,
Indonesia, Thailand and the United States spoke.
The DSB took note of the statements.
(iv) Countervailing duties on certain corrosion-resistant carbon steel flat products from Germany
(WT/DSB/M/139, 141)
In September 200110, the DSB agreed to establish a panel to examine the complaint by the
European Communities with regard to this matter.  In August 2002, the United States notified the
DSB of its decision to appeal certain issues of law and legal interpretations developed by the Panel
(WT/DS213/16).
At its meeting on 19 December 2002, the DSB considered the Appellate Body Report
contained in WT/DS213/AB/R and Corr.1 and the Pa nel Report contained in WT/DS213/R and Corr.1
pertaining to the complaint by the European Communities.
The representatives of the United States, European Communities, Japan, Argentina, Korea
and Chile spoke.
The DSB took note of the statements and adopted the Appellate Body Report contained in
WT/DS213/AB/R and Corr.1 and the Panel Repor t contained in WT/DS213/R and Corr.1, as
modified by the Appellate Body Report.
At the DSB meeting on 17 January 2003, the representative of the United States informed the
DSB of his country's intentions in respect of implementation of the DSB's recommendations in this
case, pursuant to Article 21.3 of the DSU.
The representatives of the United States and the European Communities spoke.
The DSB took note of the statements and of the information provided by the United States
regarding its intentions in respect of implementa tion of the DSB's recommendations in this case.
                                                     
10 WT/DSB/M/109.WT/DSB/W/233
Page 9
(v) Countervailing measures concerning certain  products from the European Communities
(WT/DSB/M/140,142)
In September 200111, the DSB agreed to establish a panel to examine the complaint by the
European Communities with regard to this matter.  In September 2002, the United States notified the
DSB of its decision to appeal certain issues of law and legal interpretations developed by the Panel(WT/DS212/7).
At its meeting on 8 January 2003, the DSB considered the Appellate Body Report contained
in WT/DS212/AB/R and the Panel Report containe d in WT/DS212/R pertaining to this matter.
The representatives of the European Communities, United States and Mexico spoke.
The DSB took note of the statements and adopted the Appellate Body Report in
WT/DS212/AB/R and the Panel Repo rt in WT/DS212/R, as modified by the Appellate Body Report.
At the DSB meeting on 27 January 2003, the representative of the United States informed the
DSB of her country's intentions in respect of implementation of the DSB's recommendations in this
case.
The representatives of the United States, European Communities and Mexico spoke.The DSB took note of the statements and of the information provided by the United States
regarding its intentions in respect of implementa tion of the DSB's recommendations in this case.
(vi) Definitive safeguard measures on imports of circular welded carbon quality line pipe from
Korea (WT/DSB/M/145)
At the DSB meeting on 18 March 2003, the representative of the United States announced
that her country had terminated the safeguard measures on line pipe from Korea as provided for in the
31 July 2002 notification (WT/DS202/18).
The representatives of the United States and Korea spoke.
The DSB took note of the statements.
(vii) Final dumping determination on softwood lumber from Canada (WT/DSB/M/139, 140)
At its meeting on 19 December 2002, the DSB considered a request by Canada for the
establishment of a panel to examine its complaint wi th regard to the US final dumping determination
on softwood lumber from Canada (WT/DS264/2).
The representatives of Canada and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 8 January 2003, the DSB again considered this matter.
The representatives of Canada and the United States spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
                                                     
11 WT/DSB/M/109.WT/DSB/W/233
Page 10
The representatives of the European Communities and India reserved their third-party rights
to participate in the Panel's proceedings.12
(viii) Investigation of the International Trade Commission in softwood lumber from Canada
(WT/DSB/M/147, 149)
At its meeting on 15 April 2003, the DSB considered a request by Canada for the
establishment of a panel to examine its complaint with  regard to the investigation of the International
Trade Commission in softwood lumber  from Canada (WT/DS277/2).
The representatives of Canada and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.
At its meeting on 7 May 2003, the DSB again considered this matter.
The representatives of Canada and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities and Japan reserved their third-party rights
to participate in the Panel's proceedings.
13
(ix) Measures affecting the cross-border supply of gambling and betting services
(WT/DSB/M/151)
At its meeting on 24 June 2003, the DSB considered a request by Antigua and Barbuda to
examine its complaint with regard to US measures affecting the cross-border supply of gambling and
betting services (WT/DS285/2).
The representatives of Antigua and Barbuda, and the United States spoke.The DSB took note of the statements and agreed to revert to this matter.
(x) Subsidies on upland cotton (WT/DSB/M/143, 145, 146, 147, 150)
At its meeting on 19 February 2003, the DSB considered a request by Brazil for the
establishment of a panel to examine its complain t with regard to US subsidies on upland cotton
(WT/DS267/7).
The representatives of Brazil, United States, Argentina and India spoke.The DSB took note of the statement and agreed to revert to this matter.
At its meeting on 18 March 2003, the DSB again considered this matter.  In the context of this
item, the Chairman said that he was holding consu ltations with the parties to the dispute in order to
meet Brazil's request under Annex V of the SCM Agreement to designate a representative to serve the
function of facilitating the information-gathering process.
                                                     
12 After the meeting, Japan reserved its third-party rights to participate in the Panel's proceedings.
13 After the meeting, Korea reserved its third-party rights to participate in the Panel's proceedings.WT/DSB/W/233
Page 11
The representatives of Brazil, United States, Argentina, India, Pakistan, China, Chinese
Taipei and the Chairman spoke.
The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU, with standard terms of reference.
The representatives of Argentina, Canada, China, European Communities, India, Pakistan,
Chinese Taipei and Venezuela reserved their th ird-party rights to participate in the Panel
proceedings.14
At the DSB meeting on 31 March 2003, the Chairman recalled that in addition to the panel
request in the case on "United States – Subsidies on Upland Cotton", Brazil had also requested that
the DSB initiate the procedures provided for in Annex V of the SCM Agreement in order to designate
a representative to serve the function of facilitating the information-gathering process needed by the
parties and the panel.  He had been consulting with the parties to the dispute on this matter.  However,
he said, these consultations had not yet been completed.  Therefore, he was not in a position to make a
proposal at the present meeting, but hoped to be able to do so shortly.
The representatives of Brazil, United States, European Communities, Argentina, Benin, India
and the Chairman spoke.
The DSB took note of the statements and agreed to suspend the meeting on this agenda item
until further notice.  The DSB also agreed that the Chairman would continue to consult with the
parties to the dispute on this matter and, once an agreement was reached, he would send a fax to
delegations informing them that the meeting would be reconvened.
At the DSB meeting on 15 April 2003, Brazil raised some procedural issues concerning
Annex V of the SCM Agreement in relation to the case on "United States – Subsidies on Upland
Cotton".
The representatives of Brazil, United States, European Communities, Chile, Benin, Japan, the
Chairman and the representative of the Secretariat spoke.
The DSB took note of the statements and agreed to the Chairman's proposal that an informal
meeting would be held, immediately after the present meeting, to further discuss this matter.
At the DSB meeting on 19 May 2003, Brazil referred to certain issues regarding the
procedures for developing information pursuant to Annex V of the SCM Agreement in the case on
"United States – Subsidies on Upland Cotton".
The representatives of Brazil, United States, European Communities, Argentina and India
spoke.
The DSB took note of the statements.
(xi) Sunset reviews of anti-dumping measures on oil country tubular goods from Argentina
(WT/DSB/M/147,150)
At its meeting on 15 April 2003, the DSB considered a request by Argentina for the
establishment of a panel to examine its complaint with regard to the US sunset reviews of anti-
dumping measures on oil country tubul ar goods from Argentina (WT/DS268/2).
                                                     
14 After the meeting, Australia, Benin, Chad, New Zealand and Paraguay reserved their third-party
rights to participate in the Panel's proceedings.WT/DSB/W/233
Page 12
The representatives of Argentina and the United States spoke.
The DSB took note of the statements and agreed to revert to this matter.At its meeting on 19 May 2003, the DSB again considered this matter.
The representatives of Argentina and the United States spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities, Japan, Korea, Mexico, and Chinese Taipei
reserved their third-party rights to participate in the Panel's proceedings.
(xii) Tax treatment for “Foreign Sales Corporations” (WT/DSB/M/149)
At its meeting on 7 May 2003, the DSB considered the European Communities' request under
Article 4.10 of the SCM Agreement and Article 22.7 of  the DSU for the DSB's authorization to take
appropriate countermeasures and to suspend the application to the United States of concessions
(WT/DS108/26).
The representatives of the European Communities and the United States spoke.
The DSB took note of the statements and, pursuant to the request by the European
Communities under Article 4.10 of the SCM Agreement and Article 22.7 of the DSU, contained in
document WT/DS108/26, agreed to grant authorizatio n to take appropriate countermeasures and to
suspend the application to the United States of concessions consistent with the Arbitrator's decision
contained in document WT/DS108/ARB.
(f) Uruguay
(i) Tax treatment on certain products (WT/DSB/M/147, 150)
At its meeting on 15 April 2003, the DSB considered a request by Chile for the establishment
of a panel to examine its complaint with rega rd to Uruguay's tax treatment on certain products
(WT/DS261/4).
The representatives of Chile and Uruguay spoke.
The DSB took note of the statements and agreed to revert to this matter.At its meeting on 19 May 2003, the DSB again considered this matter.
The representatives of Chile and Uruguay spoke.The DSB took note of the statements and agreed to establish a panel in accordance with the
provisions of Article 6 of the DSU with standard terms of reference.
The representatives of the European Communities, Mexico and the United States reserved
their third-party rights to partic ipate in the Panel's proceedings.WT/DSB/W/233
Page 13
7. Surveillance of implementation of recommendations adopted by the DSB
Matters considered by the DSB under this item are included on the agenda pursuant to
Article 21.6 of the DSU which provides that:  "U nless the DSB decides otherwise, the issue of
implementation of the recommendations or rulings shall be placed on the agenda of the DSB meeting
after six months following the date of establishment of the reasonable time-period pursuant toparagraph 3 and shall remain on the DSB's agenda until the issue is resolved.  At least 10 days prior to
each such DSB meeting, the Member concerned shall provide the DSB with a status report in writing
of its progress in the implementation of the recommendations or rulings."
(a) Egypt
(i) Definitive anti-dumping measures on steel rebar from Turkey (WT/DSB/M/150, 151)
At its meeting on 19 May 2003, the DSB considered the status report by Egypt on its progress
in the implementation of the DSB's recommendations on this matter (WT/DS211/7).
The representatives of Egypt and Turkey spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2003, the DSB considered the status report by Egypt on its progress
in the implementation of the DSB's recommendations on this matter (WT/DS211/7/Add.1).
The representatives of Egypt and Turkey spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(b) United States
(i) Anti-Dumping Act of 1916 (WT/ DSB/M/139, 142, 143, 145, 147, 150, 151)
At its meeting on 19 December 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.10 – WT/DS162/17/Add.10).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 27 January 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.11 – WT/DS162/17/Add.11).
The representatives of the United States, Japan and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.WT/DSB/W/233
Page 14
At its meeting on 19 February 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.12 – WT/DS162/17/Add.12).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 18 March 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.13 – WT/DS162/17/Add.13).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 15 April 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.14 – WT/DS162/17/Add.14).
The representatives of the United States, European Communities and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 May 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.15 – WT/DS/162/17/Add.15).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2003, the DSB considered the status report by the United States on
progress in the implementation of the DSB's recommendations on this matter
(WT/DS136/14/Add.16 – WT/DS162/17/Add.16).
The representatives of the United States, European Communities and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(ii) Anti-dumping measures on certain hot-rolle d steel products from Japan (WT/DSB/M/139,
142, 143, 145, 147, 150, 151)
At its meeting on 19 December 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.3).
The representatives of the United States and Japan spoke.WT/DSB/W/233
Page 15
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 27 January 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.4).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 February 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.5).
The representatives of the United States and Japan spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 18 March 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.6).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 15 April 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.7).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 May 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.8).
The representatives of the United States and Japan spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS184/15/Add.9).
The representatives of the United States and Japan spoke.WT/DSB/W/233
Page 16
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
(iii) Section 110(5) of the US Copyright Act (WT/DSB/M/139, 142, 143, 145, 147, 150, 151)
At its meeting on 19 December 2002, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.10).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 27 January 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.11).
The representatives of the United States and the European Communities spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 February 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.12).
The representatives of the United States and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 18 March 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.13).
The representatives of the United States and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 15 April 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.14).
The representatives of the United States and the European Communities spoke.The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 May 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.15).WT/DSB/W/233
Page 17
The representatives of the United States and the European Communities spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS160/18/Add.16).
The representatives of the United States, European Communities and Australia spoke.The DSB took note of the statements.
(iv) Section 211 Omnibus Appropriations Ac t of 1998 (WT/DSB/M/139, 142, 143, 145, 147, 150,
151)
At its meeting on 19 December 2003, the DSB considered the status report by the United
States on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.3).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 27 January 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.4).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 February 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.5).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 18 March 2003, the DSB considered the status report by the United States
on its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.6).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.WT/DSB/W/233
Page 18
At its meeting on 15 April 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.7).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 19 May 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.8).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
At its meeting on 24 June 2003, the DSB considered the status report by the United States on
its progress in the implementation of the DSB's recommendations on this matter
(WT/DS176/11/Add.9).
The representatives of the United States, European Communities and Cuba spoke.
The DSB took note of the statements and agreed to revert to this matter at its next regular
meeting.
8. Other matters raised under "Other Business"
(a) Statement by the Chairman concerning a communication from the Appellate Body regarding
the proposed amendments to the Working Procedures for Appellate Review
(WT/DSB/M/147)
At the DSB meeting on 15 April 2003, the Chairman drew Members' attention to the letter
from the Chairman of the Appellate Body circulated in document WT/AB/WP/6, which contained the
final version of the amendments to the Working Procedures for Appellate Review  (WT/AB/WP/5) as
well as some additional explanations in this regard.
The DSB took note of the statement.
(b) Questions raised by the United States concerning the meeting of the DSB scheduled for
26 February 2003 (WT/DSB/M/143)
At the DSB meeting on 19 February 2003, the representative of the United States sought
explanation with regard to the purpose of the meeting, which had been requested by some Members,
concerning statements of intentions on implementation of the DSB's recommendations in the case on
"United States – Continued Dumping and Subsidy Offset Act of 2000".
The representatives of the United States, European Communities, Canada, Korea, Japan,
India, Brazil and Chile spoke.
The DSB took note of the statements.
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