WORLD TRADE
ORGANIZATIONWT/DS103/20
WT/DS113/20
4 September 2001
(01-4234)
Original:  English
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Notification of an Appeal by Canada
under paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes
The following notification, dated 4 September 2001, sent by the Permanent Mission of
Canada to the Dispute Settlement Body ("DSB"), is circulated to Members.  This notification also
constitutes the Notice of Appeal, filed on the same day with the Appellate Body, pursuant to theWorking Procedures for Appellate Review .
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Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (the "DSU") and Rule 20 of the Working Procedures for
Appellate Review , the Government of Canada hereby notifies its decision to appeal certain issues of
law covered in the Panel report in  Canada – Measures Affecting the Importation of Milk and the
Exportation of Dairy Products – Recourse to Article 21.5 of the Dispute Settlement Understanding by
New Zealand and the United States  (WT/DS103/RW and WT/DS113/RW) and certain legal
interpretations developed by the Panel.
The Government of Canada seeks review of the Panel's finding that the Canadian measures in
question constitute an export subsidy within the meaning of Article 9.1(c) of the  Agreement on
Agriculture .  In particular, Canada seeks review of the Panel's finding that commercial export milk
sales constitute payments that are financed by virtue of governmental action.  This finding is in error
and is based on erroneous findings on issues of law and on related legal interpretations with respect tothe interpretation and application of Article 9.1(c) of the  Agreement on Agriculture .
The Government of Canada respectfully requests that the Appellate Body reverse the findings
and conclusions of the Panel and modify accordingly the recommendations and rulings of the Panel.
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