Subject Matter of Appeals

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Participants and Third Participants

Subject Matter of Appeals

The following table provides information about the WTO Agreements covered in the Appellate Body Reports circulated during 2003.
Table 3

Matter	Short Title	WTO Agreements Covered
United States – Continued Dumping and Subsidy Offset Act of 2000	US – Offset Act (Byrd Amendment)	Anti-Dumping Agreement SCM Agreement DSU WTO Agreement
European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India, Recourse to Article 21.5 of the DSU by India	EC – Bed Linen (Article 21.5 – India)	Anti-Dumping Agreement DSU
European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil	EC – Tube or Pipe Fittings	Anti-Dumping Agreement GATT 1994
United States – Definitive Safeguard Measures on Imports of Certain Steel Product	US – Steel Safeguards	Agreement on Safeguards GATT 1994 DSU
Japan – Measures Affecting the Importation of Apples	Japan – Apples	SPS Agreement DSU
United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan	US – Corrosion-Resistant Steel Sunset Review	Anti-Dumping Agreement WTO Agreement

As indicated above, five of the Reports circulated in 2003 relate to trade remedies. Three of these Reports relate to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"), one Report deals with both the Anti-Dumping Agreement and the Agreement on Subsidies and Countervailing Measures (the "SCM Agreement"), and the fifth Report deals with the Agreement on Safeguards. One other Report examines issues related to the Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement").

In addition, four of the Reports consider issues related to the DSU, two Reports deal with the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and two others cover issues related to the Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement").
Information on the WTO Agreements covered in Appellate Body Reports circulated prior to 2003 can be found in Annex 4.

Participants and Third Participants

The following table lists the WTO Members that participated as appellant, appellee, or third participant in appeals in which an Appellate Body Report was circulated during 2003.
Table 4

Matter	Appellant	Appellee	Third Participant
United States – Continued Dumping and Subsidy Offset Act of 2000	United States	Australia Brazil Canada Chile European Communities India Indonesia Japan Korea Mexico Thailand	Argentina Costa Rica Hong Kong, China Israel Norway
European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India, Recourse to Article 21.5 of the DSU by India	India	European Communities	Japan Korea United States
European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil	Brazil	European Communities	Chile Japan Mexico United States
United States – Definitive Safeguard Measures on Imports of Certain Steel Product	United States Brazil China European Communities Japan Korea New Zealand Norway Switzerland	United States Brazil China European Communities Japan Korea New Zealand Norway Switzerland	Canada Cuba Mexico Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu Thailand Turkey Venezuela

Table 4 (continued)

Matter	Appellant	Appellee	Third Participant
Japan – Measures Affecting the Importation of Apples	Japan United States	Japan United States	Australia Brazil European Communities New Zealand Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu
United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan	Japan	United States	Brazil Chile European Communities India Korea Norway

A total of 24 WTO Members appeared at least once before the Appellate Body during 2003 as an appellant, an appellee, or a third participant. Of these, 16 were developing country WTO Members and 8 were developed country WTO Members.

The following table indicates the number of times each of these 24 WTO Members appeared as an appellant, an appellee, or a third participant in 2003.
Table 5

WTO Member	Appellant	Appellee	Third Participant	Total^⁸
Argentina	–	–	1	1
Australia	–	1	1	2
Brazil	2	2	2	6
Canada	–	1	1	2
Chile	–	1	2	3
China	1	1	–	2
Costa Rica	–	–	1	1
Cuba	–	–	1	1
European Communities	1	4	2	7
Hong Kong, China	–	–	1	1
India	1	1	1	3
Indonesia	–	1	–	1
Israel	–	–	1	1

Table 5 (continued)

WTO Member	Appellant	Appellee	Third Participant	Total
Japan	3	3	2	8
Korea	1	2	2	5
Mexico	–	1	2	3
New Zealand	1	1	1	3
Norway	1	1	2	4
Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu	–	–	2	2
Switzerland	1	1	–	2
Thailand	–	1	1	2
Turkey	–	–	1	1
United States	3	3	2	8
Venezuela	–	–	1	1

Of the 70 appearances made by WTO Members before the Appellate Body during 2003, 36 were by developed country WTO Members and 34 by developing country WTO Members. Developed country WTO Members made 10 appearances as appellant, 15 as appellee, and 11 as third participant. Developing country WTO Members made 5 appearances as appellant, 10 as appellee, and 19 as third participant.

Annex 5 sets out additional statistical information on appearances before the Appellate Body by WTO Members between 1996 and 2003.

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World Trade Organization

Subject Matter of Appeals

Subject Matter of Appeals

Participants and Third Participants