WORLD TRADE
ORGANIZATIONWT/DS245/3
17 July 2002
(02-3968)
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES
Constitution of the Panel Established at the Request of the United States
Note by the Secretariat1
1. At its meeting on 3 June 2002, the DSB established a panel in accordance with Article 6 of
the DSU to examine the matter referred to the DSB by the United States (WT/DS245/2).
2. In accordance with Article 7.1 of the DSU, the term s of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by
the United States in document WT/DS245/2, the matter referred to the DSB by the
United States in that document and to make such findings as will assist the DSB inmaking the recommendations or in giving the rulings provided for in those
agreements."
3. On 9 July 2002, the United States 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 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.  The Chairman of the DSB shall inform the Members of thecomposition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 16 July 2002, the Director-General accordingly determined the composition of the Panel
as follows:
Chairman: Mr. Michael Cartland
Panelists: Mr. Christian Haeberli
Ms. Kathy-Ann Brown
5. Australia, Brazil, Chinese Taipei, the European Communities and New Zealand reserved their
right to participate in the Panel proceedings as third parties.
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1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice
to the positions of Members or to their rights or obligations under the WTO.