 
  WORLD TRADE  
ORGANIZATION  WT/DS281/3 
8 September 2004 
 
 (04-3784) 
  
  
 
UNITED STATES - ANTI-DUMPING MEASURES ON CEMENT FROM MEXICO 
 
Constitution of the Panel Established at the Request of Mexico
 
 
Note by the Secretariat  
 
 
1. At its meeting on 29 August 2003, the Disput e Settlement Body established a Panel pursuant 
to the request by Mexico in document WT/DS281/ 2, in accordance with Article 6 of the Dispute 
Settlement Understanding (DSU). 
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard 
terms of reference.  The terms of reference are, therefore, the following: 
"To examine, in the light of the relevant provisions of the covered agreements cited 
by Mexico in document WT/DS281/2, the ma tter referred to the DSB by Mexico 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 24 August 2004, Mexico requested the Direct or-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 panelists within 20 days after the date of the 
establishment of a panel, at the request of  either party, the Director-General, in 
consultation with the Chairman of the DSB and the Chairman of the relevant Council 
or Committee, shall determine the com position of the panel by appointing the 
panelists whom the Director-General consid ers 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 th e dispute after consulting with the parties 
to the dispute. The Chairman of the DSB shall inform the Members of the 
composition of the panel thus formed no later than 10 days after the date the 
Chairman receives such a request." 
4. On 3 September 2004, the Director-General ac cordingly composed the Panel as follows:   
Chairman: Mr. Peter Palecka Members: Mr. Martin Garcia 
   Mr. David Unterhalter 
5. Canada, China, the European Communities, Jap an and Chinese Taipei reserved their third-
party rights. 
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