 
  WORLD TRADE  
ORGANIZATION  WT/DS245/13 
29 July 2004 
 
 (04-3270) 
 Original:   English 
  
 
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Request by Japan for Arbitration under Article 22.6 of the DSU
 
  
 The following communication, dated 29 July 2004, from the delegation of Japan to the 
Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 22.6 of the DSU. 
 
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 On 30 June 2004, Japan am ended and implemented its Detailed Rules for Plant Quarantine 
Enforcement Regulation Concerning Fresh Fruit of Apple Produced in the United States of America  
to comply with the Dispute Settlement Body (D SB) recommendations and rulings in the dispute 
Japan – Measures Affecting the Importation of Apples , adopted at the DSB on 10 December 2003. 
 
 Pursuant to Article 22.6 of the Understa nding on Rules and Procedures Governing the 
Settlement of Disputes (DSU), Japan objects to the level of suspension of concessions and other 
obligations under the General Agreements on Tariffs and Trade 1994, the Agreement on the 
Application of Sanitary and Phytosanitary Measures , and/or the Agreement on Agriculture  proposed 
by the United States in its letter dated 19 July 2004 (WT/DS245/12). 
 
 Without prejudice to its position with resp ect to the WTO-consistency of Japan's 
implementing measures, which will be examined by the Article 21.5 panel requested by the 
United States in its letter also dated 19 July 2004 (WT/DS245/11), Japan considers that the level of 
suspension proposed by the United States is not e quivalent to the level of the nullification or 
impairment of benefits accruing to the United Stat es as a result of the alleged failure of Japan to 
comply with the recommendations and rulings of the DSB in the matter Japan – Measures Affecting 
the Importation of Apples  (WT/DS245). 
  In accordance with the provisions of Article  22.6 of the DSU and as envisaged in the 
"Confirmed Procedures between Japan and the Unit ed States under Articles 21 and 22 of the Dispute 
Settlement Understanding in the follow-up to the dispute in Japan – Measures Affecting the 
Importation of Apples (WT/DS245)" (WT/DS245/10), Japan therefore requests that this matter be 
referred to arbitration.  
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