2. UNITED STATES – MEASURES AFFECTING IMPORTS OF CERTAIN PASSENGER VEHICLE AND LIGHT TRUCK TYRES FROM CHINA
A. JOINT REQUEST BY CHINA AND THE UNITED STATES FOR A
DECISION BY THE DSB (WT/DS399/5)
• Mr. Chairman, the United States is joining China in asking that the DSB agree to provide
additional time for adoption or appeal of the panel report in this dispute by adopting the
draft decision set forth in document WT/DS399/5.
• We would like to make clear that we are not joining this request out of any concern with
the Panel’s report.
• To the contrary, the Panel conducted a thorough evaluation of the issues in this dispute,
in a clear and efficient manner. The Panel’s findings that the United States acted
consistently with its WTO obligations are well-founded in the applicable provisions of
the WTO Agreement and the factual record in the dispute.
• However, the Appellate Body has informally requested the parties to delay any appeal in
this dispute until May.
• After discussions between the parties, the United States and China decided to make this
joint request. The draft decision would provide for DSB adoption of the Panel report by
negative consensus until May 24, 2011.
• In this regard, We note that this is the third decision the DSB has been asked to take this
year to delay possible appeals in three different disputes. The Appellate Body is
currently working on two appeals, one of which was filed in July of 2010. Swift
resolution of these pending appeals could help minimize delays in, and a growing
backlog of, any appeals in other disputes.
• We appreciate the DSB’s support for the draft decision.