 
  WORLD TRADE  
ORGANIZATION  WT/DS245/17 
29 October 2004 
 (04-4645) 
 Original:   English 
  
 
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Recourse by the United States to Article 21.5 of the DSU
 
 
Communication from the Chairman of the Panel 
 
 
 
 The following communication, dated 29 Oct ober 2004, addressed to the Dispute Settlement 
Body (DSB), is circulated pursuant to Article 21.5 of the Dispute Settlement Understanding (DSU). 
 
_______________ 
 
  Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes (DSU) provides that a panel called to revi ew the existence or cons istency with a covered 
agreement of measures taken to comply with reco mmendations and rulings of the Dispute Settlement 
Body (DSB) shall circulate its report within 90 days af ter the date of referral of the matter to it.  When 
the Panel considers that it cannot provide its report within this time frame, it shall inform the DSB in 
writing of the reasons for the delay together with an  estimate of the period within which it will submit 
its report. 
 
 The matter was referred to the Panel on Japan - Measures Affecting the Importation of Apples  
-- Recourse by the United States to Article 21.5 of the DSU  (WT/DS245) at the DSB meeting of 
 30 July 2004.  Due in particular to the need to consult scientific experts, on which the Panel reached a 
decision on 28 October 2004, the Panel is not able to issue its report within 90 days. 
 
 The Panel expects to circulate its final repor t to Members during the second half of the month 
of May 2005. 
 
 
__________ 