United States – Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan (WT/DS184): Award of the Arbitrator under Article 21.3(c) of the DSU

Summary

INTRODUCTION

On 23 August 2001, the Dispute Settlement Body (the “DSB”) adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report, in United States – Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan (“US – Hot-Rolled Steel ”). At the DSB meeting of 10 September 2001, the United States informed the DSB, pursuant to Article 21.3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”), that it would implement the recommendations and rulings of the DSB in this dispute and that it would require a “reasonable period of time” to do so, under the terms of Article 21.3 of the DSU.

In view of its inability to reach an agreement with the United States on the period of time reasonably required for implementation of those recommendations and rulings, Japan requested that such period be determined by binding arbitration pursuant to Article 21.3(c) of the DSU.

By joint letter of 6 December 2001, the United States and Japan notified the DSB that they had agreed that the duration of the “reasonable period of time” for implementation should be determined through binding arbitration, under the terms of Article 21.3(c) of the DSU, and that I should act as Arbitrator. The parties had indicated in a previous letter that they had agreed to extend the time period for the arbitration to 19 February 2002. Notwithstanding this extension of the time period, the parties stated that the arbitration award would be deemed to be an award made under Article 21.3(c) of the DSU. My acceptance of the designation as Arbitrator was conveyed to the parties by letter of 10 December 2001.

Written submissions were received from the United States and Japan on 4 January 2002, and an oral hearing was held on 18 January 2002.

ARGUMENTS OF THE PARTIES

The United States

The United States requests me to fix the “reasonable period of time” at 18 months, so that that period will expire on 23 February 2003.

The United States submits that implementation will entail a multi-faceted process that may include extensive consultations with Congress, legislative action, internal analysis and revision of certain policies and practices, and a recalculation of the dumping margins.