VI - INTERIM REVIEW

Summary

General

6.1 On 5 May 2011, we transmitted our interim report to the parties. On 26 May 2011, Mexico and the United States requested the Panel to review precise aspects of the Interim Panel Report pursuant to Article 15.2 of the DSU and the Working Procedures adopted by the Panel. On 14 June 2011, both parties presented comments on each other's requests for review.

6.2 In its comments on the US request for review, Mexico argued that “many of the changes proposed by the United States appear to be efforts to change the substantive findings of the Panel, to enter into debate with the Panel, to have the Panel place special emphasis on US arguments, or to alter the Panel's descriptions of Mexico's arguments. Moreover, many of the US comments are more in the nature of requests for reconsideration which are not appropriate for this phase of the proceedings”.

6.3 As stated on previous occasions by the Appellate Body, the interim review stage is not an appropriate moment to introduce new and unanswered evidence. However, in our view, requests to review precise aspects of the Panel's report may legitimately include requests for “reconsideration” of specific factual or legal findings, provided that such requests are not based on the presentation of new evidence. We therefore did not find it necessary to exclude a priori from consideration any request for review from either party on the sole basis that it would seek reconsideration by the Panel of some of its determinations.