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Published online by Cambridge University Press: 13 December 2017
INTRODUCTION
On 18 November 1999, Japan requested consultations with the United States under Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU), Article 17.2 of the Anti-Dumping Agreement and Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”). The United States and Japan consulted on 13 January 2000, but failed to settle the dispute.
On 11 February 2000, Japan requested the establishment of a panel pursuant to Article XXIII of the GATT 1994, Articles 4 and 6 of the DSU and Article 17 of the Anti-Dumping Agreement.
At its meeting on 20 March 2000, the Dispute Settlement Body (DSB) established a Panel in accordance with the request made by Japan in document WT/DS184/2. 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 Japan in document WT/DS184/2, the matter referred to the DSB by Japan in document WT/DS184/2, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements”.
On 9 May 2000, Japan requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. On 24 May 2000, the Director-General composed the Panel as follows:
Chairman: Mr. Harsha V. Singh
Members: Mr. Yanyong Phuangrach
Ms. Elena Lidia di Vico
Brazil, Canada, Chile, the European Communities and Korea reserved their rights to participate in the panel proceedings as third parties.
The Panel met with the parties on 22-23 August 2000 and on 27 September 2000. It met with the third parties on 23 August 2000.
The Panel submitted its interim report to the parties on 22 January 2001.
FACTUAL ASPECTS
This dispute concerns the imposition by the United States of anti-dumping measures on imports of certain hot-rolled flat-rolled-carbon-quality steel products (“hot-rolled steel”) from Japan.
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