WORLD TRADE
ORGANIZATIONWT/DS244/5
22 July 2002
(02-4031)
UNITED STATES - SUNSET REVIEW OF ANTI-DUMPING DUTIES ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN
Constitution of the Panel Established at the Request of Japan
Note by the Secretariat
1. At its meeting on 22 May 2002, the DSB established a panel in accordance with Article 6 of
the DSU to examine the matter referred to the DSB by Japan (WT/DS244/4).
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/DS244/4, the matter referred by Japan to the DSB 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."
3. On 9 July 2002, Japan requested the Director-General to determine the composition of the
Panel, pursuant to paragraph 7 of Article 8 of the DSU.  This paragraph 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 withany 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. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request".
4. On 17 July 2002, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Dariusz Rosati
Members: Mr. Martin Garcia
Mr. David Unterhalter
5. Brazil, Canada, Chile, the European Communities, India, Korea, Norway and Venezuela
reserved their third-party rights.
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