Report of the Panel

Summary

INTRODUCTION

1.1 On 18 August 2006, Brazil requested the establishment of a panel pursuant to Article 21.5 of the Dispute Settlement Understanding (“DSU”) concerning the alleged failure of the United States to implement the recommendations and rulings of the Dispute Settlement Body (“DSB”) in US – Upland Cotton.

1.2 At its meeting of 28 September 2006 the DSB decided, in accordance with Article 21.5 of the DSU, to refer this matter, if possible, to the original panel.

1.3 The terms of reference of the Panel are the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Brazil in document WT/DS267/30, the matter referred to the DSB by Brazil in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

1.4 On 18 and 20 October 2006, Brazil and the United States respectively requested the Director-General to determine the composition of the Panel in accordance with Article 8.7 of the DSU. Article 8.7 of the DSU 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 panelists whom 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. […]