WORLD TRADE
ORGANIZATIONWT/DS126/4
4 November 1998
(98-4303)
AUSTRALIA – SUBSIDIES PROVIDED TO PRODUCERS AND EXPORTERS OF
AUTOMOTIVE LEATHER
Constitution of the Panel Established at the Request of the United States
Communication from the DSB Chairman
1. At its meeting on 22 June 1998, the Dispute Settlement Body (DSB) established a panel
pursuant to a request made by the United States (WT/DS126/2).
2. At that DSB meeting, the parties to the dispute agreed that the Panel should have standard terms
of reference.  The terms 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/DS126/2, the matter referred to the DSB by the
United States 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 27 October 1998, 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 panellists within 20 days after the date of the
establishment of a panel, at the request of eith er 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 appoin ting the panellists 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 disput e.  The Chairman of the DSB shall inform the
Members of the composition of the panel thus fo rmed no later than 10 days after the date the
Chairman receives such a request."1
4. On 2 November 1998, the Director-General accordingly composed the panel as follows:
Chairperson: H. E. Carmen Luz Guarda
Members: Mr. Jean-François Bellis
Mr. Wieslaw Karsz
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1 Paragraph 12 of Article 4 of the Agreement on Subsidies and Countervailing Measures provides:
"For purposes of disputes conducted pursuant to this Article, except for time-periods
specifically prescribed in this Article, time-periods  applicable under the DSU for the conduct of such
disputes shall be half the time prescribed there."